Theodore Garrett has been extensively involved in litigation and administrative proceedings, compliance matters and transactions throughout the country involving federal and state environmental and natural resource matters. He has served as counsel in more than 50 reported cases and has also served a mediator and arbitrator. Mr. Garrett’s practice involves major compliance, regulatory and enforcement issues, particularly concerning air quality, water quality, and hazardous waste matters. Mr. Garrett is a member of the American College of Environmental Lawyers, a former Chair of the ABA Section of Environment, Energy and Resources, and is the 2013 Who’s Who Legal Environment Lawyer of the Year.
On July 17, 2020, the Council on Environmental Quality (CEQ) published a Final Rule updating regulations to the National Environmental Policy Act (NEPA). The Final Rule closely tracks the Proposed Rule released in January 2020. The final rule makes a number of notable changes to existing NEPA regulations.… Continue Reading
Landowners seeking restoration damages in state courts, at sites where there is a cleanup remedy previously selected by EPA, may pursue such claims only if they first obtain EPA approval for the proposed restoration work. Atlantic Richfield Co. v. Christian (No. 17–1498, April 20, 2020).… Continue Reading
On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean Water Act. The case arose in the context of the County’s discharges of wastewater to wells that … Continue Reading
The Trump administration has issued an Executive Order and a series of memoranda relating to energy and the environment. The goal of the Executive Order–Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects–is to expedite environmental reviews and approvals. It provides that action by the Chair of the Counsel of Environmental Quality to designate … Continue Reading
In a move designed to provide greater certainty to those purchasing, selling, or evaluating industrial or commercial properties, the Environmental Protection Agency (EPA) recently proposed to remove any lingering effect of ASTM International’s E1527-05, a nine-year-old industry standard practice for evaluating potentially contaminated sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As … Continue Reading
In accord with the President’s June 2013 Climate Action Plan, EPA plans to use existing Clean Air Act authority to develop greenhouse gas emissions (GHG) standards for new and existing sources. The scope of EPA’s authority under existing law is important given the lack of Congressional action to specifically address GHGs. The Environmental Council of … Continue Reading