Jennifer Tharp is an associate in the Environmental, Safety & Health Practice. Jennifer’s practice focuses on environmental compliance and risk management counseling. She has assisted clients in matters involving state and federal enforcement actions and a variety of environmental laws, including the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and various other state and federal regulations.

    Jennifer has developed experience advising international and domestic clients in the automotive and engine manufacturing industries on mobile source regulations for the US Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). This has included review of certification documentation, development of legal strategy, and participation as counsel to the Monitor for a government investigation.

    Jennifer also works with the Life Sciences Industry Group and advises clients on a variety of Food and Drug Administration (FDA) regulatory matters. In particular, she has assisted clients with labeling questions relating to food and dietary supplements. More recently, she has guided clients on FDA matters relating to coronavirus disease 2019 (COVID-19), such as emergency use authorizations for medical devices, and drafted company response plans.

    Jennifer previously completed a summer internship with a private research university during law school, and her projects included regulatory analysis for counsel of both the university and health system. She also worked as a research assistant for a nonprofit operating federally funded research and development centers on tasks including policy analysis and compliance.

    Jennifer has been published in Lexology, Law360 and the Journal of Legal Medicine. She is also an active board member of Playhouse Square Partners in Cleveland, Ohio, a member of the Association of Women in the Metals Industry (AWMI) and a member of the Food and Drug Law Institute (FDLI).

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    Environmental Compliance Counseling

    • Providing guidance to engine manufacturers regarding compliance with US EPA and CARB environmental regulations.
    • Providing advice to engine manufacturers regarding disclosures of auxiliary emission control devices (AECDs).
    • Providing advice to clients in the mining industry on air and water permitting.
    • Advising municipalities on compliance with NSPS and RICE MACT.

    Advocacy

    • Assisting with negotiation and resolution of federal and state enforcement allegations under the Clean Air Act, including consent decrees with US EPA and the Department of Justice (DOJ).
    • Assisting with negotiation of regional haze rulemaking
    • Serving as part of a team as counsel to the independent Monitor appointed by the DOJ for a government investigation in the automotive industry.

    Due Diligence and Transactional Work

    • Engaging in due diligence of environmental compliance issues related to the acquisition of gasoline stations in multiple states.
    • Engaging in due diligence of environmental compliance issues related to the development of wind farms.

    Life Sciences

    • Providing COVID-19 advice to medical device manufacturers and food production facilities, including development of response plans, public health guidance and other matters related to the COVID-19 crisis.
    • Advising on nutritional labeling requirements for food and dietary supplements regulated by the FDA.
    • Advising on regulatory matters for medical device manufactures.

    Education

    • University of Virginia, J.D., 2017
    • Carnegie Mellon University, M.S., Health Care Policy and Management, Highest Distinction, 2014
    • Carnegie Mellon University, B.S., Phi Beta Kappa, 2013

    Admissions

    • Ohio, 2017

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    • Author, “Mobile Emission Sources May Face More CAA Citizen Suits,” Law360, August 1, 2019.
    • Author, “Stark Law and the Affordable Care Act: Bridging the Disconnect,” 35, Journal of Legal Medicine, no.3, 2014, at 433-444.

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