Environmental Law

Washington D.C. Attorneys Advocating for Agriculture and other Industries

OFW Law’s environmental law practice is one of the most dynamic in the country as it deals with the interplay between modern agriculture and environmental statutes and common law areas such as nuisance and trespass. Our farming, manufacturing and municipal clients are continually impacted by complex state and federal environmental laws as well as common law actions. We frequently represent clients in state and federal court litigation, regulatory matters, permit proceedings, and a variety of corporate transactions.

Representative Work in Agricultural, Environmental and EPA Litigation

In particular, we have established a reputation for effective litigation in the defense of our clients’ rights. Our attorneys have:

  • Defended a mid-western city against the Environmental Protection Agency’s (EPA) enforcement activities under the Clean Water Act on the allegations that its sewer system was inadequate.
  • Defended a large southern city against Environmental Protection Agency (EPA) allegations that the city had failed to comply with a Consent Decree.
  • Defended one of the largest pork producers in the United States against common law charges of nuisance.
  • Defended a large number of farmers in the Pacific Northwest who burn the stubble from their fields every year from charges of common law trespass.
  • Defended a silage company against EPA allegations that its product was an unregistered pesticide.
  • Litigated for a company against USDA under the Federal Acquisition Regulations in obtaining additional monies after a mistake in bidding was discovered.
  • Represented the largest egg-producer in the United States in Congressional hearings arising out of apparent FDA findings of Salmonella.
  • Represented one of the largest egg-producers in the United States against a State environmental agency that wanted to regulate air deposition of ammonia under the Clean Water Act.
  • Represented poultry, swine, and dairy producers in common law actions for nuisance and trespass under the Clean Water Act and the Clean Air Acts.

Counsel on Environmental Regulation and Representation Before the EPA

We have also helped our clients with regulatory and transactional matters related to environmental law. We have:

  • Represented major commodity groups on corporate governance and environmental issues.
  • Represented animal feed manufacturers and consumer product manufacturers in EPA enforcement matters under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), including pesticide registration requirements and application of the “treated articles” exemption.
  • Advised pesticide producers and formulators on registration issues, and prepared new pesticide product registrations under FIFRA.
  • Advised consumer product manufacturers and retailers regarding environmental marketing claims.
  • Represented clients before EPA on Toxic Substances Control Act (TSCA) issues, obtained modified Significant New Use Rule (SNUR) reducing industry recordkeeping requirements.
  • “Hands-on” experience in operating waste treatment systems to meet NPDES and municipal pre-treatment programs for various food manufacturing operations.

For more information about our services, contact OFW Law’s Washington D.C. offices by telephone at (202) 789-1212 or complete our online contact form. We look forward to working with you.