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John Mizerak

Jack Mizerak has over a decade of experience advising on safety, environmental, and supply chain issues affecting the manufacturing, transportation, and technology sectors. He has experience with investigations, litigation, and regulatory issues under the Clean Air Act, the Motor Vehicle Safety Act, the Consumer Product Safety Act, the Administrative Procedure Act, the Clean Water Act, as well as numerous state laws.

Jack has extensive expertise in governmental enforcement, including fact development, government engagement, and the adoption of compliance reforms to address underlying issues and prevent recurrence of violations. He was an integral member of a Covington team that resolved one of the ten largest enforcement matters in the history of the Environmental Protection Agency.

Jack regularly advises Fortune 500 companies on responsibly manufacturing and releasing emerging technology, including agentic AI tools, AI-enabled robotics, autonomous vehicles, and consumer goods.

Jack works extensively with clients in the automotive sector, advising original equipment manufacturers, traditional Tier 1, Tier 2, and Tier 3 suppliers, advanced technology and software suppliers, trade associations, and fleet owners on a range of policy, regulatory, compliance, and enforcement issues, spanning both the consumer and freight sectors. He has represented clients facing some of the largest automotive recalls in U.S. history, affecting as much as 15% of vehicles registered in the United States. He also represents clients in the growing micromobility and low-speed vehicle sectors, including manufacturers and fleet operators of personal transportation vehicles, e-bikes, and scooters.

Jack regularly represents clients in the consumer product space more broadly, including manufacturers and online platforms. His work spans the entire product lifecycle, from standard setting for product categories, risk assessments during product development, and litigation and investigations stemming from issues after products have been introduced into commerce.

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Briefing for certiorari has recently completed in Volkswagen v. Environmental Protection Commission of Hillsborough County.  The challenged Ninth Circuit decision, if permitted to stand, could have significant effects on federal administration of motor vehicle emissions regulations, and enforcement actions against auto manufacturers.
Continue Reading Volkswagen asks the Supreme Court to Clarify the Role of States in Regulating a Manufacturer’s Post-Sale Vehicle Conduct

The Biden Administration has signaled its willingness to resume the practice of including supplemental environmental projects (SEPs) in settlements by swiftly revoking Trump Administration memoranda which formally eliminated their use.  This is an important development that regulated entities can benefit from when they face investigations and enforcement proceedings.  Although further clarification from the Department of Justice is expected in this area, targets in potential enforcement actions can begin to prepare now.
Continue Reading New Environmental Enforcement Flexibilities in the Biden Administration: What you Can Do Now To Benefit from a Powerful Tool for Resolving Controversies

The Biden Administration has promulgated interim figures for the social cost of carbon (SCC), which will support key policy efforts in the next year until a final, revised figure can be established.
Continue Reading Biden Issues Interim Social Cost of Carbon, Paving the Way for A Climate Agenda

The California Air Resources Board unanimously adopted the Advanced Clean Trucks rule, which is designed to accelerate the adoption of zero-emission medium and heavy duty vehicles (“ZEV”).  By 2045, 100% of new trucks sold in the state will be ZEVs, consistent with the state’s broader goal of becoming carbon neutral by that year.
Continue Reading CARB Adopts Advanced Clean Trucks Rule to Speed Zero Emission Vehicle Deployment

Amidst the disruption caused by the coronavirus pandemic (but not specifically relating to it), the Department of Justice has announced a major shift in policy towards settling environmental cases.  DOJ, and EPA along with it, will no longer offer settling defendants the option of undertaking supplemental environmental projects in lieu of paying penalties to the United States.
Continue Reading DOJ Moves to Eliminate Supplemental Environmental Projects from Settlements

Nine Northeast and Mid-Atlantic states and the District of Columbia announced this week a new regional initiative to cap and reduce greenhouse gas pollution from the transportation sector.  Much remains to be decided before the program takes effect, however.

Connecticut, Delaware, Maryland, Massachusetts, New Jersey, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington D.C.[1] aim to cap carbon emissions from combustion of transportation fuels, and invest the proceeds into low-emission and improved transportation infrastructure, including by aiding electric vehicle adoption, and increasing public transit and biking opportunities.
Continue Reading Northeast States to Tackle Transportation GHG Emissions

Covington hosted the 14th Annual Environmental Transactional Roundtable on May 18, 2018. More than 70 attorneys attended, including from multiple countries outside the U.S., representing 31 law firms and organizations. The event was a great success, and featured panel discussions that sparked lively discussion among participants. The three panels covered product stewardship issues, environmental issues in bankruptcy, and risk management in transactions.
Continue Reading Covington Hosts 14th Annual Environmental Transactional Roundtable

Earlier this week, President Trump released the outline of his infrastructure plan, which includes over three dozen proposals intended to reduce delay, inefficiency and redundancy in the project permitting process.  The plan contemplates amendments to major federal environmental statutes, including the National Environmental Policy Act, the Clean Air Act,…
Continue Reading Reforming Permitting Approval Process a Centerpiece of President Trump’s Infrastructure Plan