Kenneth Reich spent seven years in the U.S. Department of Justice Environmental Enforcement Section as a trial attorney, then Assistant Chief where he handled and supervised government litigation across the country under all of the major federal environmental statutes.
Following his service at the Department of Justice, Mr. Reich has concentrated his practice in environmental law and energy law on behalf of institutions, corporations, public entities and individuals in international, national and regional law firms. He has been the co-chair of the environmental departments at a number of these firms as well as active in their energy law departments.
Mr. Reich teaches environmental law and energy law courses as an adjunct faculty at the Boston University School of Law.
An Of-Counsel to the firm is a very experienced natural gas and FERC lawyer who has represented major utility companies. The firm has a national network of lawyers and consultants that provide the resources to handle a broad range of matters-from complex litigation to energy project development for sophisticated clients.
Kenneth Reich Law offers the following representative services in the environmental law field:
- Administrative and civil litigation, affirmative and defensive, including appeals
- Advice and defense of government enforcement actions
- Clean Air Act advice and permitting
- Advice under other federal and state environmental laws
- Brownfields advice and development
- Superfund matters
- Contamination cleanup advice
- Environmental due diligence
- Environmental law advice to sellers, buyers, financial entities in transactions
- Advice and strategy concerning whether and how to benefit from the EPA and state audit disclosure policies
- Petitions for review of agency rulemaking and other final agency actions
- Advice and assistance with NEPA and the National Historic Preservation Act
LIST OF REPRESENTATIVE ENVIRONMENTAL LAW MATTERS
- Defense of CERCLA and RCRA injunctive and cost recovery actions in two separate federal courts, including briefing and arguing in the Eleventh Circuit Court of Appeals the issue of the meaning of “necessary” costs under CERCLA.
- Representation of a rural electric cooperative in successfully obtaining a favorable federal/state EIS and a major air permit for its proposed new coal-fired project, including defending the federal, state and administrative litigation filed by the project's opponents. Major environmental law issues included adverse (visual) impacts to a national historic landmark; whether CO2 was a regulated pollutant under the state and federal clean air acts; issue of best available control technology (BACT) for PM2; and mercury impacts, regulation and control.
- Successful representation of a national transportation company in federal court in a claim against it for recovery of costs for the investigation and cleanup of contamination.
- Retained as expert witness and prepared an expert report on the issue of the value of a chemical company as affected by site contamination and potential liability at a Superfund site.
- Representation of a major national corporation in defense of enforcement proceedings by USEPA, including protracted negotiations leading to a precedential national judicial consent decree requiring payment of a civil penalty, establishment of a company-wide environmental audit program, and performance of an innovative supplemental environmental project.
- Representation of a national bank in successful negotiations with a state department of environmental protection and the state attorney general’s office in cleaning up a contaminated industrial site under the state Brownfields program, converting it to a model recreation complex and obtaining protection from further liability for the site.
- Representation of a major transportation company in obtaining state certification of emission reduction credits as a result of its fuel conversion from diesel to electric.
- Successful jury verdict on behalf of an owner of contaminated property under the MA mini-Superfund law, awarding past and future damages, costs and interest, including attorneys fees as response costs.
- Representation of a manufacturer in connection with an ammonia release that potentially threatened the safety of workers and the surrounding community, and in dealing with the myriad federal, state and local investigative and enforcement agencies, including OSHA and EPA.
- Representation of individual and group PRP’s in major Superfund cleanup cases and in litigation.
- Filed an amicus curiae brief on behalf of the National Rural Electric Cooperative Association before USEPA’s Environmental Appeals Board in the Deseret Power Electric Cooperative case—on the issue of the regulation of CO2 under the federal Clean Air Act.
- Advice to a major corporation in reporting potential environmental law violations pursuant to the safe harbor provisions of USEPA's Audit Policy and in setting up a nationwide audit program pursuant to that Policy.
- Lead counsel on a number of major, complex enforcement actions under the federal Superfund Act, Clean Air Act, Clean Water Act and other federal statutes at the U.S. Department of Justice, Environmental Enforcement Section, Washington, D.C.