Rees Alexander

Rees Alexander

Associate

D. Rees Alexander focuses on environmental litigation and regulatory matters and also advises clients regarding environmental issues in transactions. He has experience with the Clean Water Act (CWA), Clean Air Act (CAA), Comprehensive Emergency Response, Compensation and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA). He is a member of the Environmental, Safety & Health Practice Group, which was named one of Law360’s 2016 Environmental Groups of the Year.

He has recently advised on issues related to multiparty CERCLA negotiations and litigation, surface water, wetlands regulation, federal jurisdictional waters or “waters of the United States,” NPDES permitting and enforcement, permits to install, proposed rulemaking, stormwater construction permitting, centralized sewage treatment construction and maintenance, water quality, industrial pretreatment, nutrient pollution, drinking and groundwater, public water systems, environmental due diligence issues in property transactions, CAA source determinations, oil and gas issues, dormant minerals, public nuisance, private nuisance, citizen suit defense, and parallel civil and criminal investigations.

He advises several clients in the automotive industry on compliance with new and existing environmental regulations, with particular emphasis on risk management, enforcement defense and the greenhouse gas averaging, banking and trading program.

Rees is a former Ohio Assistant Attorney General. In that role, he represented the Ohio EPA and the Ohio Department of Natural Resources (ODNR) Division of Oil and Gas Resources Management. He served as trial counsel in numerous trials and administrative hearings.

While in law school, Rees served as editor-in-chief of the Ohio State Journal of Criminal Law. He competed on the National Moot Court team, which placed first in its region, and he received the Regional Best Oral Advocate award and George R. Beneman Award for Outstanding Performance in the Moot Court Program. He also served as a judicial extern to Chief Judge Edmund A. Sargus, Jr. in the US District Court for the Southern District of Ohio.

Rees is a member of the Columbus and Ohio State Bar Associations. He has served as chair of the Columbus Bar Association’s Environmental Law Committee and has served on the Planning Committee for the Ohio State Bar Association’s 31st Annual Ohio Environment, Energy and Resources Law Seminar.

Explore

  • Representing the State of Ohio in comment stage and litigation regarding the federal rulemaking concerning the definition of “waters of the United States,” which identifies waters subject to federal jurisdiction (case is pending).
  • Providing advice to automotive industry clients regarding new environmental regulations, including the greenhouse gas averaging, banking and trading program.
  • Serving as defense counsel in multiparty CERCLA litigation.
  • Serving as plaintiff’s counsel in multiparty CERCLA litigation.
  • Serving as lead counsel in negotiated resolution of state enforcement litigation involving wastewater treatment and drinking water violations.
  • Serving as lead counsel in negotiated resolution of state enforcement litigation involving drinking water contamination.
  • Serving as trial counsel and obtaining favorable trial court judgment in a two-day bench trial in a state enforcement case involving water pollution violations related to construction stormwater.
  • Serving as trial counsel and obtaining favorable trial court judgment in a two-day bench trial in a drinking water enforcement case.
  • Serving as counsel and obtaining favorable outcome in week-long hearings before the Ohio EPA Hearing Officer involving professional certified operators of wastewater treatment plants (including pretreatment programs) and public water systems.
  • Serving as counsel in negotiated resolution of state enforcement litigation involving impacts to streams and wetlands.

Education

  • The Ohio State University, J.D., cum laude, editor-in-chief, Ohio State Journal of Criminal Law, 2013
  • Miami University, B.A., cum laude, 2008

Admissions

  • Ohio

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  • Author, “Criminal Prosecutions for Environmental, Safety and Health Violations: An Eventful Year Reviewed,” 14 Ohio St. J. Crim. L. Amici Briefs 27, 2017.
  • Author, “D.C. Circuit Declines Review of US EPA Practices on Blending and Mixing Zones,” FrESH Law Blog, March 16, 2017.
  • Author, “New Ohio Law Increases Protections from Lead Contamination in Drinking Water,” FrESH Law Blog, July 8, 2016.
  • Author, “After Flint: New Ohio Bill Seeks Change Regarding Contaminated Drinking Water,” FrESH Law Blog, April 15, 2016).
  • Moderator, “Troubled Waters? The Fight over the Definition of ‘Waters of the United States,’” 31st Annual Ohio Environment, Energy, and Resources Law Seminar, April 2016.
  • Author, “US Senate Falls Short in Attempt to Override Obama’s Veto of ‘Waters of the United States’ Resolution,” FrESH Law Blog, February 1, 2016.
  • Author, “Still Waters: Sixth Circuit Issues Nationwide Stay Against ‘Waters of the US’ Rule,” FrESH Law Blog, October 14, 2015.
  • Co-author, “Hot Air Rises through the Courts,” 39 Colum. J. Envtl. L. Field Rep. 1, 2014.
  • Author and presenter, “State and Federal Case Law Update: Case Summaries”, in 29th Annual Ohio Environment, Energy and Resources Law Seminar 19.1, 2014.
  • Guest lecturer, The Ohio State University College of Food, Agriculture and Environmental Sciences graduate courses, 2014 and 2015.