Eric is head of the firm’s administrative law team, comprising the environmental practice group and the regulated industries and government relations practice group. He is respected for his business-minded approach to environmental compliance and risk management, whether in the context of litigation, business transactions, administrative processes or day-to-day facility operations.
Clients from a wide array of industries, including energy companies, chemical manufacturers, waste management companies, banks and other financial service institutions and developers rely on Eric’s pragmatism and problem solving to navigate the complex network of laws at play in the environmental sphere. Clients appreciate his ability to communicate effectively when helping them assess and manage environmental risks affecting their business operations. In a 2009 interview with Law 360, counsel representing a co-defendant in an 8-year long case described Eric as “thoughtful and creative… [a] first-rate environmental litigator who proactively looked for ways to solve problems…[and] avoid costly and needless process.”
Eric has 30 years of experience litigating a wide range of environmental matters, including defense of enforcement actions, challenges to environmental permits, contractual disputes regarding environmental indemnities, challenges to administrative rulemakings and actions for recovery and allocation of costs for environmental cleanups. At the same time, a significant portion of Eric’s practice involves managing the environmental aspects of complex business transactions and major development projects. His extensive experience in both litigation and transactional matters gives him distinct insights into client needs, allowing him to balance their business objectives with practical aspects of the case at hand.
Eric’s practice encompasses all major environmental regulatory programs, including the Clean Water Act (CWA), Clean Air Act (CAA), CERCLA, RCRA, NEPA, the Endangered Species Act (ESA) and other resource and wildlife protection laws.
Representative Experience
Enforcement and Litigation
Eric has litigated cases in numerous federal and state courts across the country and is admitted to practice before the US Courts of Appeals for the Third, Fourth, Eighth, DC and Federal Circuits and the US Supreme Court. He has argued appeals before the Third, Fourth and Eighth Circuits.
- Represents an electric utility company in defense of permit issued by the US Army Corps of Engineers for major new transmission line project in lawsuits asserting claims under NEPA, CWA and National Historic Preservation Act. Successfully opposed motions for preliminary injunction.
- Counsel for an electric utility company in defense of citizen suit enforcement actions asserting claims under CWA and RCRA related to coal ash management. Successfully moved for dismissal of CWA claims.
- Represents electric utility in connection with investigation and remediation of former generating facility site and associated investigation and remediation of for river sediments.
- Counsels an electric utility company regarding compliance with CWA discharge permit and application for permit renewal.
