Rees Alexander

Rees Alexander

Associate

D. Rees Alexander focuses on environmental litigation, regulatory matters and environmental issues in transactions. He is a member of the Environmental, Safety & Health Practice Group, which was named one of Law360’s 2016 Environmental Groups of the Year.

A uniquely experienced litigator for someone at his career level, Rees has served as trial counsel in numerous trials and administrative hearings, primarily concerning surface water and drinking water issues.  He also advises several clients in the automotive and engine manufacturing industries regarding compliance with new and existing environmental regulations. In this area, he focuses on risk management and enforcement defense with respect to Clean Air Act mobile source regulations.

Rees is a former Ohio Assistant Attorney General, and represented Ohio EPA and the Ohio Department of Natural Resources (ODNR) Division of Oil and Gas Resources Management. He frequently advises regarding the unique considerations in dealings with State Attorneys General.

Rees is the former chair of the Columbus Bar Association’s Environmental Law Committee and is a member of the National Association of Clean Water Agencies, the Ohio State Bar Association and the Columbus Bar Association.

In law school, Rees 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.

Explore

Litigation

  • Representing a multinational electrical manufacturer in multiparty CERCLA litigation.
  • Representing international chemical supplier in citizen suit regarding alleged NPDES permit violations associated with nutrient pollution in industrial wastewater.
  • Representing the State of Ohio in litigation regarding the federal rulemaking concerning the definition of “waters of the United States,” which identifies waters subject to federal jurisdiction (case is pending).
  • 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 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 bench trial in a drinking water enforcement case.
  • Serving as counsel in negotiated resolution of state enforcement litigation involving impacts to streams and wetlands.
  • Serving as counsel in several matters pertaining to construction and maintenance of centralized sewage treatment systems.
  • Counseling regarding parallel civil and criminal investigations in environmental enforcement context.
  • Negotiating and appealing NPDES and Title V permits.

Compliance Counseling

  • Providing advice to engine and vehicle manufacturers regarding disclosures of auxiliary emission control devices.
  • Providing advice to engine and vehicle manufacturers regarding new environmental regulations, including the greenhouse gas averaging, banking and trading program.
  • Providing advice to international vehicle manufacturer in securing contract to protect credits for averaging, banking and trading program from use by supplying engine manufacturer.
  • Providing advice to international vehicle manufacturer regarding potential impact of On Board Diagnostic approval on ultimate vehicle certification.
  • Providing advice to international engine manufacturer regarding potential intervention in pending litigation to protect Confidential Business Information.
  • Providing advice to international non-road and marine engine manufacturer regarding required content in owners manuals.
  • Providing advice regarding repurposing obsolete marine and non-road engines for a beneficial use using replacement and rebuilding engine provisions.
  • Advising foreign manufacturer regarding import-export provisions under US law.
  • Monitoring new legislative and regulatory developments on behalf of municipal wastewater treatment systems, and providing advice regarding strategic responses to these developments.
  • Advising employers regarding workplace safety statutes and regulations governing the Occupational Health and Safety Administration (OSHA).

Due Diligence and Transactional Work

  • Advising public-private partnership regarding environmental due diligence in support of complex real estate transaction.
  • Providing strategic counseling to real estate developers regarding environmental due diligence issues involving brownfield redevelopment through Ohio’s Voluntary Action Program.
  • Counseling regarding permitting associated with impacts to streams and wetlands and the definition of “waters of the United States.”

Rulemaking

  • 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).
  • Counseling municipalities regarding regulatory developments affecting drinking and wastewater treatment systems.

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

{{insights.date}} {{insights.source}} {{insights.type}}

  • 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.