Allen Kacenjar’s practice encompasses all areas of environmental law with particular emphases in regulatory development and advocacy, complex high-stakes environmental litigation, risk management counseling and complex environmental deal-making.

    Allen’s primary focus is on minimizing his clients' exposure to environmental liabilities, whether through proactive efforts to shape evolving environmental laws, development of business practices, evaluation of transactional risks or aggressive litigation. Through his representation of major corporations, public entities and industry advocacy groups, Allen has obtained substantial experience under all major state and federal environmental laws including the Clean Air Act; Clean Water Act; Resource Conservation and Recovery Act (RCRA); Toxic Substances Control Act (TSCA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and Ohio’s Voluntary Action Program (VAP).

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    Regulatory

    • Led internal TSCA compliance investigation for a specialty chemicals company, resulting in voluntary disclosure of identified concerns, negotiation of a consent agreement with minimal penalty and full ability to continue manufacture and use of products.
    • Advising manufacturer targeted by EPA MACT residual risk rulemakings of ways to mitigate testing costs, shape ongoing agency rulemaking efforts and minimize risk of overreaching regulatory requirements.
    • Developing US climate change strategy for an international steel company including assessment of the preferred regulatory approach, advocacy in support of that approach and submission of comments on numerous rulemakings.
    • Guided a major international manufacturer's response to an agency enforcement air permitting initiative, securing the ability to continue operating while avoiding imposition of any penalty and strengthening the company's relationship with its regulators. 
    • Designing a product redistribution and recycling system for an international chemicals manufacturer with extended attention to RCRA, TSCA and Department of Transportation implications and resolved related RCRA enforcement proceedings.
    • Assessed and avoided state and federal enforcement of PSD claims against international manufacturer by securing favorable permit modifications that eliminate compliance risk.
    • Securing US Army Corps and Ohio EPA permits necessary to enable development of a major hospital complex on a site with significant wetlands, endangered species and other siting concerns.
    • Preparing siting strategy for a proposed offshore wind power generation facility including evaluation of all potential federal and state regulatory impediments.

    Transactional

    • Provided primary environmental counsel on hundreds of major corporate transactions requiring identification and valuation of environmental, health and safety risks; negotiation of key contractual protections; identification and resolution of permitting concerns; and procurement of environmental insurance.
    • Managing international legal and technical team charged with mitigating risk and cost of substantial environmental indemnity claims alleging historic contamination from divested operating and third-party disposal sites.
    • Counseling a large municipality regarding the US$100 million remediation and redevelopment of a historic automotive plant into a high-tech business incubator including resolution of intricate RCRA, Ohio VAP, TSCA, political and business concerns.
    • Securing significant grant funding to spur remediation of contaminated industrial property in a transaction uniquely structured to eliminate prospective environmental liability despite ongoing enforcement.

    Litigation

    • Securing a victory before the US Supreme Court in landmark Superfund litigation resulting in the nationwide reassessment of contribution rights (Cooper v. Aviall, 543 U.S. 157 (2004)).
    • Defended two New York State agencies against citizen suit claims on issues of first impression involving US$500+ million in Clean Water Act funding for the state's largest-ever infrastructure project while simultaneously pursuing affirmative relief against US EPA.
    • Secured a rare judicial stay by the Eighth Circuit US Court of Appeals on EPA's regional haze regulation of the taconite industry, thus allowing negotiated resolution to secure additional compliance and timing flexibility.
    • Defending a major amusement and water park against environmentalist citizen claims under Clean Water Act while simultaneously working to resolve state enforcement and permitting issues.
    • Securing vacatur of the US EPA Boiler MACT rule before the DC Circuit Court of Appeals on behalf of clients threatened with disproportionate regulatory impacts (NRDC v. EPA, 489 F.3d 1250 (DC Cir. 2007)).
    • Successfully resolving CERCLA litigation involving environmental concerns from a century of operations of a major coke plant in Alabama.  Following three separate appeals, the case was before the US District Court for the Western District of Pennsylvania for a new allocation proceeding involving more than a dozen expert witnesses.  Beazer East, Inc. v. The Mead Corporation, Case No. 91-0408 (W.D. Pa.).
    • Defending a manufacturing client from a US$35 million claim regarding a contaminated 116-city-block area in downtown South Bend, Indiana, involving the seminal interpretation of two statutes, four tort claims and complex insurance disputes resulting in two Indiana Supreme Court decisions.

    Select Publications and Speaking Engagements

    • What the New TSCA Reform Legislation Means to You" seminar, presented with the Ohio Chemistry Technology Council, July 2016
    • "EPA's Clean Power Plan:  How Did We Get Here, Where Are We Anyway, and What Happens Next?" presented at the Cleveland Metropolitan Bar Association, May 2016
    • "The NAAQS: The Good, the Bad and the Ugly," presented at Ohio State Bar Association Environmental Law Seminar, April 2016
    • Product Stewardship:  Who Owns It?" presented at the Roundtable for General Counsel in the Chemical and Performance Materials Industries, March 2015
    • "The Clean Power Plan: Challenges & Opportunities," presented to NACWA members, Sept. 2015
    • "Corporate Compliance Strategies for an Increasingly Complex World," presented to the Association of Corporate Counsel, Northeast Ohio Chapter, Dec. 2013

    Education

    • Case Western Reserve University, J.D., magna cum laude, Order of the Coif, executive notes editor, Case Western Reserve Law Review, 1999
    • Miami University, B.S., 1996

    Admissions

    • Ohio, 1999

    Courts

    • U.S. Supreme Court
    • U.S. Ct. of App., Third Circuit
    • U.S. Ct. of App., Fifth Circuit
    • U.S. Ct. of App., Sixth Circuit
    • U.S. Ct. of App., Eighth Circuit
    • U.S. Ct. of App., District of Columbia Circuit
    • U.S. Dist. Ct., N. Dist. of Ohio
    • U.S. Dist. Ct., W. Dist. of Pennsylvania
    • U.S. Dist. Ct., N. Dist. of Texas
    • U.S. Ct. of App., Seventh Circuit

    Memberships and Affiliations

    • Member of the Ohio State Bar Association’s Environmental Law Section
    • Member of the National Brownfield Association
    • Recognized as a Rising Star in Ohio Super Lawyers – Rising Stars, a distinction that recognizes the top 2.5 percent of Ohio lawyers under the age of 40 or those in practice for 10 years or less. 
    • Profiled in 2009 by Inside Business in its “High Bars” feature, a listing of 15 Northeast Ohio lawyers who are making a difference in their firms and communities.

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