Many clients have turned to Varnum's environmental attorneys for assistance in waste management legal issues, including:
- Acquisition of state and local solid waste disposal construction and operation permits.
- Counsel concerning landfill siting, licensing, license renewal, and closure, under both Resource Conservation and Recovery Act (RCRA) and Michigan’s Act 641/Natural Resources and Environmental Protection Act (NREPA) Part 115.
- Preparation of hazardous waste permit applications, closure plans, post-closure plans, financial assurance materials, and other regulatory compliance steps, under both RCRA and state laws.
- Counsel on waste-to-energy, recycling and reuse options.
- Defended U.S. EPA civil penalty litigation for treatment, storage, and disposal facility (T/S/DF) permitting and financial responsibility violations; accomplished “clean” closure of surface impoundments.
- Represented manufacturers in RCRA proceedings with Illinois, Iowa, Kentucky, Michigan and Ohio, corrective action strategies (including Government Performance and Results Act (GPRA) Baseline) and response to visual site inspection/preliminary assessment.
- Defended Michigan automotive parts manufacturer in state administrative civil penalty action for generator waste management violations; T/S/DF violations and penalties withdrawn based on wastewater treatment system exemption.
- Defended U.S. EPA Region 6 enforcement proceedings, coordinated RCRA Facility Investigation (RFI)/Corrective Measures Study (CMS), closure under New Mexico law and corrective action, and pursued Engineers India Limited (EIL) insurance coverage.
- Represented various foundries regarding closure of surface impoundments and waste pile units, corrective action, and inspection assessments response strategies.
- Defended State DEQ litigation claim of penalties for waste manifesting system violations, inadequate closure and spill reporting, as well as corrective action.
- Challenged listed hazardous waste exclusion denial in District of Columbia Circuit Court of Appeals.