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D. Rees Alexander
Senior Associate
D. Rees Alexander uses a thoughtful and creative approach to advance his clients’ objectives on matters involving environmental, safety and health issues. With broad experience in litigation, transactional matters and regulatory/policy advocacy, his practice includes all facets of environmental law, including matters under the Clean Water Act, Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Safe Drinking Water Act and Toxic Substances Control Act (TSCA), as well as common law toxic tort matters. He has been recognized in both national and regional publications for his work in environmental law, and in litigation generally.
Rees is a former Ohio assistant attorney general, and served as the lead environmental counsel in the state’s challenges to the rulemaking that addressed the definition of “waters of the United States” under the Clean Water Act. 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 currently serves on the executive committee for the Ohio State Bar Association’s Environmental Law Section, is the former chair of the Columbus Bar Association's Environmental Law Committee, and is also a member of the Ohio Manufacturers Association, the Ohio State Bar Association and the Columbus Bar Association.
He is active in the community and mentors new lawyers through programs at The Ohio State University Moritz College of Law and the Ohio Supreme Court lawyer-to-lawyer mentoring program.
Litigation
- Representing mining company at appellate level in case addressing alleged diminution of water supply, providing successful briefing and oral arguments, and securing decision from the Supreme Court declining to exercise discretionary jurisdiction.
- Representing an international chemical supplier in a citizen suit regarding alleged National Pollutant Discharge Elimination System (NPDES) permit violations associated with nutrient concentrations in industrial wastewater, and negotiating a favorable settlement with the state agency.
- 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.
- Serving as lead counsel in negotiated resolution of state enforcement litigation involving alleged wastewater treatment and drinking water violations.
- Serving as lead counsel in negotiated resolution of state enforcement litigation involving alleged drinking water violations.
- Serving as trial counsel and obtaining favorable trial court judgment in a bench trial in a state enforcement case involving alleged 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
- Monitoring new legislative and regulatory developments on behalf of municipal wastewater treatment systems, providing advice regarding strategic responses to these developments.
- 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 onboard 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.
- Advising multinational automotive manufacturer regarding ground and air transportation of lithium batteries under US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) and International Air Transportation (IATA) regulations.
- Advising electronics manufacturer regarding ground and air transportation of lithium batteries.
- 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
- Counseling municipalities regarding regulatory and legislative developments affecting drinking and wastewater treatment systems.
- Representing the state of Ohio in the comment stage and litigation regarding the federal rulemaking concerning the definition of “waters of the United States,” which identifies waters subject to federal jurisdiction.
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, 2013
- U.S. Dist. Ct., S. Dist. of Ohio
- U.S. Dist. Ct., N. Dist. of Ohio
- Recognized in Ohio Super Lawyers – Rising Stars 2020-2023: Environmental, Environmental Litigation and Class Action/Mass Torts: Defense
- Recognized in Columbus CEO as a 2022 Best Lawyer for Environmental Law.
- Recognized in The Best Lawyers in America 2021 and 2022 Ones to Watch for Commercial Litigation and Environmental Law in Columbus
- George R. Beneman Award for Outstanding Performance in the Moot Court Program, 2013
- Regional Best Oral Advocate Award, National Moot Court Competition Regional, 2012
- First-place Team, National Moot Court Competition Regional, 2012
- Speaker, “An Ephemeral Stream Runs Through It: WOTUS Developments and Ramifications for Ohio,” Ohio State Bar Association, March 2022.
- Co-author, “US EPA Announces Drinking Water Health Advisories for Certain PFAS Chemicals,” FrESH Law Blog, June 22, 2022.
- Speaker, “Waters of the United States – Where Are We Now on WOTUS,” National Association of Clean Water Agencies, October 6, 2021.
- Author, “Are You ‘Essential’? Ohio Guidance for Environmental Industries Regarding COVID-19,” FrESH Law Blog, March 23, 2020.
- Author, “Four Things to Know About U.S. EPA’s Draft WOTUS Rule,” FrESH Law Blog, March 21, 2019.
- Speaker, “Update on Waters of the U.S. Developments,” Columbus Bar Association, March 6, 2019.
- Speaker, “Update on Waters of the U.S. Developments,” Ohio Manufacturers Association, December 2018.
- Author, “Two Federal Courts Issue Decisions Against EPA ‘Suspension’ Rule, Reviving and Protecting Obama-era Waters Rule,” FrESH Law Blog, December 11, 2018.
- 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”, 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.