John L. Wittenborn

	Partner, Washington, DC

Practice Areas:

Environmental Law
Occupational Safety and Health
Trade Associations
Litigation - Washington, DC
-	Class Actions

Phone: (202) 342-8514

Fax: (202) 342-8451

Email: jwittenborn@kelleydrye.com

vCard:

John Wittenborn is a partner in the firm's Washington, DC office. He focuses his practice on environmental regulatory and litigation matters at the federal and state levels throughout the United States.

Mr. Wittenborn has more than 30 years of experience providing a wide spectrum of strategic advice, counseling and litigation services to individual corporate clients, major national trade associations and government agencies. He serves as general environmental counsel to the Steel Manufacturers Association, Specialty Steel Industry of North America, Leather Industries of America, Inc., Shipyard Environmental Forum, Uniform Textile & Services Association, Chrome Coalition and other associations and coalitions.

Prior to joining the firm, Mr. Wittenborn served as assistant chief in the Environmental Enforcement Section of the U.S. Department of Justice, supervising all federal enforcement litigation in Regions I, II, and VI of the U.S. Environmental Protection Agency (EPA). He also previously served as chief of the Environmental Law Division in the Office of the Judge Advocate General of the United States Air Force.

Representative Experience:
Served as 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; negotiated creative settlements, including innovative supplemental environmental projects.

Served as 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.

Serves as counsel to BP Products North America, Inc. in defense of a New York State Attorney General action seeking remediation and national resource damages at Newtown Creek.

Serves as litigation common counsel for a group of generator PRP (potentially responsible party) defendants at two major Superfund sites in New York.

Served as 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.

Represented 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.

Represented 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 PSD (prevention of significant deterioration) requirements, hazardous waste management and other significant compliance issues.

Represented clients in regulatory development and litigation of the proposed and final rules on occupational exposures to hexavalent chromium.

Conducted and supervised environmental compliance audits at more than 50 industrial facilities throughout the United States.

Represented facilities undergoing risk-based corrective action, including management of the risk assessment process, resulting in favorable cost-effective remediation outcomes.

Served as counsel to a large Midwest municipality performing brownfields assessments and remediation of former industrial facilities for redevelopment for recreational, civic and commercial uses.

Appointed 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.

Serves as counsel to the Chrome Coalition, Metals Industries Recycling Coalition and Steel Slag Coalition on regulatory, policy and legislative issues affecting the metals industries.

Honors and Awards:
Selected as one of The Best Lawyers in America in the Environmental Law area by America Lawyer Media, 2007, 2008, 2009 and 2010.

Memberships and Associations:
American Bar Association, Section of Environment, Energy and Resources

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.

Client Advisories:

"SEC Issues Interpretive Guidance on Public Company Disclosures Relating to Climate Change Risks," February 05, 2010.

"EPA Finalizes Greenhouse Gas Reporting Rule," October 12, 2009.

"EPA Greenhouse Gas Developments," October 09, 2009.

"Summary of H.R. 2454: Waxman-Markey Climate Change Legislation," September 11, 2009.

"EPA Proposes Clean Air Act Standards for Reciprocating Internal Combustion Engine Rule," May 14, 2009.

"EPA Studying Air Toxic Emissions Near Schools, While Litigation Commences," April 15, 2009.

"Comprehensive Energy and Climate Bill Discussion Draft Released," April 14, 2009.

"Part 4: Environmental Policy Under Obama: A Changing Climate in Washington," February 23, 2009.

"Part 3: Environmental Policy Under Obama: A Changing Climate in Washington," February 13, 2009.

"Part 2: Environmental Policy Under Obama: A Changing Climate in Washington," February 09, 2009.

"Part 1: Environmental Policy Under Obama: A Changing Climate in Washington," February 06, 2009.