Extended Producer Responsibility for Packaging: Compliance With Multistate Producer Obligations

Mr. Fowler provides comprehensive regulatory services to energy sector clients, advising them on regulatory matters and, when necessary, representing clients before regulatory bodies including the NRC, FERC, OMB, EPA and OSHA. He frequently provides due diligence for investments into energy technology developers, ensuring that regulatory aspects are thoroughly evaluated and addressed. Mr. Fowler also partners with clients in developing targeted strategies for engagement on emerging issues, with a holistic view of legislative, agency and political issues, to address and mitigate potential regulatory impacts.

Mr. McCullough is recognized for his experience in the production, trade, shipment and use of renewable fuels, renewable natural gas, low-carbon energy and products, environmental and carbon credits, petroleum products and other energy commodities. He serves as legal counsel on cutting-edge energy matters, including the development, acquisition and sale of renewable natural gas (RNG) facilities, advanced recycling facilities, renewable diesel and sustainable aviation refineries, carbon capture projects, reforestation projects and other low-carbon investments. For the past 15 years, Mr. McCullough has helped guide the energy industry on the implementation of the Renewable Fuel Standard (RFS) and state low-carbon fuel standards (LCFS). He has been involved in almost every significant development associated with those programs, including not only investments and acquisitions incentivized by the RFS and LCFS, but also regulatory matters related to the implementation of every RFS rulemaking to date and some of the largest enforcement proceedings brought to date. Mr. McCullough has developed what have largely become industry standard terms for the trade of RNG, RINs and LCFS credits, having served as counsel on over 40 RNG offtake transactions. He counsels clients on the reduction of greenhouse gas emission and cap-and-trade programs, carbon emission allowance and carbon offset trading, having helped form numerous funds to buy and hold carbon allowances and LCFS credits.

Mr. Smith is a litigator and trial lawyer with extensive experience handling complex litigation and regulatory proceedings involving environmental, commercial, industrial, real estate, and product liability issues. Clients rely on him to prosecute and defend claims involving these issues through trial in federal and state courts. Mr. Smith's experience is particularly deep in environmental disputes stemming from industrial operations and real estate development. These matters typically involve permitting, reporting, compliance, and liability issues enforced by agencies ranging from the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) on a federal level, to state and local interests in California, including the Department of Toxic Substances Control (DTSC), the Department of Resources Recycling and Recovery (CalRecycle), the Department of Pesticide Regulation (DPR), California Regional Water Quality Control Boards (RWQCBs), the California Air Resources Board (CARB), the South Coast Air Quality Management District (SCAQMD), and other local state environmental agencies (LEA and CUPA).

Ms. Torbitt co-leads the Food, Beverage & Agribusiness and Environmental teams and is active in maritime matters. She focuses on environmental compliance and transactional due diligence, counseling a large range of manufacturers, developers (including renewable energy projects), and financing parties to find solutions and mitigate and allocate the risk associated with all aspects of environmental law, including the latest developments from emerging contaminants (PFAS) to controversial subjects like vapor intrusion attenuation factors.