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Experience:
Susan Brice has an active environmental litigation and compliance practice. She represents clients in environmental, toxic tort, and product liability litigation, including claims involving the Clean Water Act, Clean Air Act, CERCLA, and RCRA. Her work has involved such contentious issues as property contamination, chemical exposure, asbestos litigation, and wetlands disputes.
In addition to dispute resolution, Susan counsels clients on a broad spectrum of environmental concerns that include liability, regulatory compliance, permitting issues, release reporting, and other aspects of federal, state, and local environmental law. She has handled a number of matters involving regulation of wetlands. Susan also provides knowledgeable, in-depth assistance to purchasers, sellers, and lenders regarding environmental matters in real estate and corporate transactions, including facility purchases, sales, and leases.
Notable Engagements:
Environmental Litigation:
Represented various clients in cases challenging the reach of the Clean Water Act.
Represented agricultural organizations in a suit challenging the US Environmental Protection Agency's NPDES and Total Maximum Daily Load regulations.
Represented clients in various CERCLA and RCRA claims.
Represented client with respect to alleged Clean Air Act violations.
Environmental Compliance:
Counseled various clients regarding the scope and application of the Total Maximum Daily Load, NPDES, water quality standards (including anti-degradation policies), and jurisdictional provisions of the Clean Water Act.
Counseled a client on wetlands issues involved in the construction of a landfill, including assistance in negotiating with the US EPA, the Indiana Department of Environmental Management, and the Army Corps of Engineers.
Counseled client regarding Natural Resource Damages.
Assisted clients with review of federal and local aspects of Clean Air Act Title V permit applications.
Environmental Issues in Transactions:
On an ongoing basis, negotiates environmental terms of leases and purchase and sale agreements, conducts environmental due diligence for purchasers and lenders, and coordinates compliance with asbestos and wetlands requirements for multiple real estate transactions.
On an ongoing basis, counsels clients on international environmental issues in transactions involving facilities worldwide.
Environmental Litigation:
Represented individuals and organizations in suits challenging the US EPA's authority to regulate nonpoint sources through Total Maximum Daily Loads.
Represented client in access action brought by US EPA to investigate and remediate alleged property contamination.
Represented clients in asbestos litigation.
Represented client in action to vacate consent decree concerning unlawful regulation of isolated wetlands.
Represented property owners in private cost recovery CERCLA actions.
Represented clients in action involving the legality of construction project that planned to fill wetlands.
Represented client in toxic tort suit alleging damages arising out of client's historical railroad operations.
Represented client in toxic tort litigation involving the alleged release of mercury from client's equipment.
Represented client in toxic tort litigation involving exposure to various on-site chemicals.
Represented client in suit regarding the sale of explosive materials.
Represented client in litigation involving explosion and fire at petroleum refinery.
Represented client in enforcement action regarding alleged Emergency Planning & Community Right-to-Know Act reporting violations.
Environmental Compliance:
Counseled client on indoor air quality issues.
Assisted clients with determining applicability of stationary source and mobile source provisions of the Clean Air Act to a research and development facility.
Assisted client with researching potential suit against the government with respect to World War II operations.
Counseled clients on various aspects of Clean Air Act trading programs and New Source Review issues.
Education:
Georgetown University Law Center, JD, cum laude, 1995; Dean's List; Writing Program Editor, Georgetown International Environmental Law Review, Northwestern University, Medill School of Journalism, BSJ with distinction, 1992. | 