D. Rees Alexander

Litigation

• Representing international power management company as CERCLA plaintiff in cost recovery litigation, serving as lead author in defeating summary judgment motions filed by defendants and prevailing on cross-motion for summary judgment. Serving as second chair trial counsel before case settled after a week of proceedings.
• Serving as lead counsel for Ohio municipality in negotiated resolution of enforcement matter referred to the Ohio Attorney General’s Office.
• Representing North American energy company in negotiated resolution of enforcement matter related to oil and gas production wells.
• Representing international power management company as CERCLA defendant and obtaining negotiated resolution of cost recovery 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 investors, developers, and lenders regarding due diligence related to affordable housing development.
• 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.