WLP Wins for Agricultural Clients in ACE Rule Litigation
Representing a coalition of major agricultural trade associations, Williamson Law + Policy convincingly knocked out EPA’s so-called fenceline theory, which the agency had used to disqualify low-carbon fuels, such as those made from agricultural feedstocks, from being credited as compliance measures under the Clean Air Act.
In one of the most consequential litigation challenges in environmental law during the past Presidential Administration, which included an 8.5-hour oral argument before the D.C. Circuit, we argued successfully for our clients that the Clean Air Act does not allow EPA to ignore the climate benefits of low-carbon biofuels -- even if those benefits occur on the farm field outside the boundaries of the power plant or other facility using the biofuels.
The ruling will bolster proper crediting of greenhouse gas reductions from the use of biomass-based fuels and recognition of the science-based low-carbon nature of biogenic emissions in Clean Air Act permitting and other contexts. Proper crediting will allow power plants and industrial facilities to use biofuels to reduce their greenhouse gas footprint. The D.C. Circuit opinion can be found here. Access the full client alert here.
Representing a coalition of major agricultural trade associations, Williamson Law + Policy convincingly knocked out EPA’s so-called fenceline theory, which the agency had used to disqualify low-carbon fuels, such as those made from agricultural feedstocks, from being credited as compliance measures under the Clean Air Act.
In one of the most consequential litigation challenges in environmental law during the past Presidential Administration, which included an 8.5-hour oral argument before the D.C. Circuit, we argued successfully for our clients that the Clean Air Act does not allow EPA to ignore the climate benefits of low-carbon biofuels -- even if those benefits occur on the farm field outside the boundaries of the power plant or other facility using the biofuels.
The ruling will bolster proper crediting of greenhouse gas reductions from the use of biomass-based fuels and recognition of the science-based low-carbon nature of biogenic emissions in Clean Air Act permitting and other contexts. Proper crediting will allow power plants and industrial facilities to use biofuels to reduce their greenhouse gas footprint. The D.C. Circuit opinion can be found here. Access the full client alert here.
Williamson Law + Policy Victory Sets Veil Piercing Precedent
Williamson Law + Policy obtained a precedent-setting judgment for its client under the New Jersey Spill Act against a New Jersey real estate developer in a case involving environmental cleanup at a site in Newark. WLP achieved complete victory on liability, including indemnification for damages and recovery of several hundred thousand dollars in litigation costs. The case established several important legal precedents favorable to companies seeking to recover environmental costs relating to brownfield property cleanups:
Williamson Law + Policy obtained a precedent-setting judgment for its client under the New Jersey Spill Act against a New Jersey real estate developer in a case involving environmental cleanup at a site in Newark. WLP achieved complete victory on liability, including indemnification for damages and recovery of several hundred thousand dollars in litigation costs. The case established several important legal precedents favorable to companies seeking to recover environmental costs relating to brownfield property cleanups:
- In a case of first impression, the court pierced the corporate veil of a single-purpose real estate limited liability company (LLC) in light of the owner’s failure to adequately capitalize the real estate holding company, failure to disclose records, and other fraudulent conduct.
- Not only did WLP win summary judgment on contract liability, but the court also held individual and corporate defendants liable as responsible persons under the Spill Act and allocated 100% liability to defendants.
- The court confirmed that it had equity powers over LLCs (another first) to issue injunctive orders directing environmental cleanup, and to appoint a receiver if necessary. This provides a powerful tool against unscrupulous counterparties who attempt to drain assets from the business entity to avoid environmental cleanups.
Winning Strategies for Forest Carbon Projects
The California carbon market creates attractive opportunities for landowners to be paid for ecosystem services on their conservation and working lands. To protect significant revenue (often in the millions of dollars), forest carbon projects need to effectively manage risk in development agreements, and should consider shifting risk thru insurance. Leading experts Max Williamson of Williamson Law + Policy and Mike Hill of Alba Environmental Risk Management offer suggestions on how to make forest carbon projects work better through smart approaches to environmental insurance. See article
Williamson Law + Policy named Super Lawyer for Environmental Law (2017)
www.superlawyers.com WLP Listing
www.superlawyers.com WLP Listing
WLP Prevails for Recyclers in EPA Coal Ash Deadline Litigation
Max Williamson represented the recycling sector in successfully forcing the U.S. EPA to finalize its rules on management of coal combustion residuals, which clarified that fly ash is not a hazardous waste and not regulated under the federal Resource Conservation and Recovery Act when destined for beneficial use such as feedstock for concrete and brick building products. Max successfully defeated claims brought by EPA as well as the electric and mining industry and recovered attorneys fees for his client. The final rule was signed on December 19, 2014 per the court order in Appalachian Voices v. McCarthy, 2013 U.S. Dist. Lexis 154505, 2013 WL 579633 (D.D.C. Oct. 29, 2013) and is available at http://www2.epa.gov/coalash/coal-ash-rule.
WLP Guides Buyout of Ocean Marine Super-Yacht Shipyard
Valiant Holdings LLC recently announced the acquisition of the Ocean Marine Yacht Center (OMYC) in Portsmouth, Virginia, the leading “mega-yacht” repair and service facility on the East Coast. Williamson Law + Policy, PLLC represented Valiant and Ocean Marine LLC in a three-way acquisition, sale-leaseback transaction, which transferred the vessel repair business to a management team and real estate to the Suntex marina holdings group. WLP advised its client through the entire transactional process, including the assignment of an option agreement to the management team, negotiation of acquisition terms, identification of and negotiations with the financing partner, structuring of the real estate sale-leaseback, due diligence and simultaneous closing of these sophisticated back-to-back, highly structured deals. WLP will continue to serve as general counsel of Ocean Marine’s business operations. For more information on WLP’s value-oriented transactional practice, contact Max Williamson at (202) 256-6155.
Valiant Holdings LLC recently announced the acquisition of the Ocean Marine Yacht Center (OMYC) in Portsmouth, Virginia, the leading “mega-yacht” repair and service facility on the East Coast. Williamson Law + Policy, PLLC represented Valiant and Ocean Marine LLC in a three-way acquisition, sale-leaseback transaction, which transferred the vessel repair business to a management team and real estate to the Suntex marina holdings group. WLP advised its client through the entire transactional process, including the assignment of an option agreement to the management team, negotiation of acquisition terms, identification of and negotiations with the financing partner, structuring of the real estate sale-leaseback, due diligence and simultaneous closing of these sophisticated back-to-back, highly structured deals. WLP will continue to serve as general counsel of Ocean Marine’s business operations. For more information on WLP’s value-oriented transactional practice, contact Max Williamson at (202) 256-6155.
WLP Helps Save Lake Tahoe Transportation Planning
It was quite a surprise when the Tahoe Metropolitan Planning Organization received a letter from the Federal Highway Administration stating that the bi-state planning agency, which helps steward the pristine natural values of the Lake Tahoe region, no longer existed ! The 2012 MAP-21 transportation bill had deleted the legislative text that allowed the governors of California and Nevada to originally create TMPO back in 1998. TMPO asked WLP to help fight for its existence, and together with Boyagian Consulting and enlisting the support of the two governors and Congressional delegations, WLP convinced the federal government to reverse its initial decision and recognize TMPO's grandfathered status.
WLP Wins Ruling in Massachusetts Cleanup Case
On behalf of its client, the owner of property in western Massachusetts, Williamson Law + Policy secured the first-ever retraction of a notice of responsibility (NOR) from the Commonwealth of Massachusetts Department of Environmental Protection (MassDEP). The state initially issued an NOR based on diesel-oil contamination discovered during utility line testing on the client's commercial real estate. Through persistent investigation of the history of the property and by overlaying technical surveys, WLP demonstrated that the pollution originated from a Massachusetts Highway Department project and that the location in question was owned by state, not the client. The result was a precedent-setting exoneration of the client as a downstream victim of spills rather than a responsible party, and cleared the client of financial liability.