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| Phone: (202) 342-8514 |
Fax: (202) 342-8451 |
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John Wittenborn has more than 30 years of experience providing strategic advice, counseling, and litigation service to individual corporate clients, major national trade associations, and government agencies on a wide spectrum of environmental, regulatory, and litigation matters at the federal and state levels throughout the United States. He serves as general environmental counsel to the Steel Manufacturers Association, the Specialty Steel Industry of North America, the Leather Industries of America, Inc., the Shipyard Environmental Forum, the Uniform Textile & Services Association, the Chrome Coalition, and other associations and coalitions.
Mr. Wittenborn was recognized as one of the Best Lawyers in America in the field of Environmental Law for 2007 and 2008. |
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Representative Experience:
Mr. Wittenborn's recent experience includes:
- Litigation counsel to oil companies, leather tanneries, steel mills and other facilities facing civil, judicial, or administrative enforcement actions for alleged violations of the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Occupational Health and Safety Act, and other major environmental statutes. Successfully negotiated creative settlements, including innovative supplemental environmental projects.
- Counsel to large manufacturing companies and trade associations in challenges to major Clean Air Act rulemaking litigation, including New Source Review reform, regulation of carbon dioxide as a criteria pollutant and Maximum Achievable Control Technology (MACT) rules affecting iron and steel producers, leather tanning and finishing, shipbuilding and foundries.
- Litigation counsel for 36 steel companies at a Superfund site in Pennsylvania that resulted in the first comprehensive de minimis settlement involving all generator defendants.
- Representation of two national trade associations of textile service companies that resulted in the first-ever decision by EPA to withdraw a proposed industrial Effluent Limitation Guideline regulation.
- Representation of two major steel trade associations regarding EPA's National Steel Minimill Audit Initiative, including managing voluntary industry participation by 21 steel mills in evaluating compliance with Clean Air Act Prevention of Significant Deterioration permit requirements, hazardous waste management and other significant compliance issues.
- Representing clients in regulatory development and litigation of the proposed and final rules on occupational exposures to hexavalent chromium.
- Conducting and supervising environmental compliance audits at more than 50 industrial facilities throughout the United States.
- Representation of facilities undergoing risk-based corrective action, including management of the risk assessment process, resulting in favorable cost-effective remediation outcomes.
- Counsel to BP America, Inc. in defense of New York State Attorney General action seeking remediation and National Resource Damages at Newtown Creek.
- Counsel to a large Midwest municipality performing brownfields assessments and remediation of former industrial facilities for redevelopment for recreational, civic and commercial uses.
- Appointment as a Special Assistant Attorney General for Nebraska in defense of a $150 million litigation matter challenging the state's decision to deny a license for a low-level radioactive waste disposal facility.
- Litigation common counsel for a group of generator PRP defendants at two major Superfund sites in New York.
- Counsel to the Chrome Coalition, Metals Industries Recycling Coalition and Steel Slag Coalition on regulatory, policy and legislative issues affecting the metals industries.
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Publications:
"Flaws in Leiberman-Warner Bill Need to be Addressed," Thomson Reuters Andrews Environmental Litigation Reporter, August 2008.
"EPA Proposes Audit Policy Incentives for New Owners," Trends, American Bar Association, Section of Environment, Energy and Resources, March 2008.
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Prior Positions:
Prior to joining Kelley Drye in 1985, Mr. Wittenborn served as Assistant Chief in the Environmental Enforcement Section of the U.S. Department of Justice (supervising all federal enforcement litigation in EPA Regions I, II and VI), and Chief of the Environmental Law Division in the Office of the Judge Advocate General of the United States Air Force. |
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Bar Admissions:
District of Columbia
Indiana
Ohio
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| Education:
Indiana University, JD, cum laude, 1974
George Washington University, LLM, Environmental Law, with highest honors, 1980
United States Air Force Academy, BS, Distinguished Graduate, 1971
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007-5108
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