Kelley Drye

Attorneys & Professionals 

Wayne J. D'Angelo

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8525
Fax: (202) 342-8451

Wayne D’Angelo is a partner in the firm’s Washington, D.C. office and counsels clients on environmental, energy and occupational safety and health matters. While Mr. D’Angelo has experience in all aspects of environmental and energy law, he is mainly focused on energy extraction, conventional and non-conventional fuels, hydraulic fracturing, greenhouse gas regulation, endangered species issues, and stationary and mobile sources issues under the Clean Air Act.

Mr. D’Angelo has extensive experience representing numerous heavily regulated industrial clients through all aspects of the federal rulemaking process, including, where necessary, litigation. To that end, Mr. D’Angelo coordinates the efforts of Kelley Drye’s legal, government relations, public relations, and economic teams to develop effective cross-cutting responses to proposed regulations.

Mr. D’Angelo also helps Kelley Drye clients with strategic planning and compliance assistance by providing an understanding of the regulatory pressures that face industry now and in the future through insights gained working in the oil and gas industry, at federal agencies, and on Capitol Hill.

Prior to joining Kelley Drye, Mr. D’Angelo served as counsel to the American Petroleum Institute, where he managed and advanced the organization’s most critical issues, including climate change and greenhouse gas regulatory issues and litigation, numerous federal and state hydraulic fracturing regulatory and legal actions, energy access issues, including leasing, NEPA reviews, and ESA/MMPA actions, occupational safety and health issues and waste and remediation issues under RCRA and CERCLA.  Mr. D’Angelo also served as a Presidential Appointee working directly for the EPA administrator and general counsel, served as legislative assistant to Congressman Bob Franks of New Jersey and is a former environmental law associate at Kelley Drye.

Representative Experience
Endangered Species Act

Managed the oil and gas industry’s Endangered Species Act, Marine Mammal Protection Act and Migratory Bird Treaty Act regulatory advocacy and litigation.

Led successfully multi-party intervention in support of the Fish & Wildlife Service’s withdrawal of its proposal to list the dunes sagebrush lizard under the ESA.

Lead counsel on multi-industry challenge to the listing of the lesser-prairie chicken under the ESA and intervention in support of the Sec. 4(d) special rule.

Lead oil and gas industry counsel intervening in the Fish & Wildlife Service’s decision to withdrawal it prior proposed listing of the North American wolverine.

Drafted of comments for multiple industries and industry groups on some of the Fish & Wildlife Service’s and National Marine Fisheries Service’s most significant proposed listings and critical habitat designations, including:

  • Listing of the lesser prairie chicken and development of the 4(d) rule
  • Proposed listing of 66 different species of coral
  • Petition to list sperm whales in the Gulf of Mexico as a distinct population segment
  • Designation of critical habitat for the loggerhead turtle in the Gulf of Mexico and Atlantic Coast
  • Proposed listing of two species of Graham’s & White River Beardtongue in Colorado & Utah
  • Proposed list of the Dakota skipper and Poweshiek skipperling
  • Proposed listing of dusky sharks in the Gulf of Mexico and Atlantic Coast
  • Proposed listing of, and critical habitat for, two species of shiners in Texas
  • Proposed listing of the gladecress and rose mallow in Texas
  • Proposed listing of the several species alleged to be threatened by climate change, including the Acuna cactus, Cape Sable thoroughwort, Coral Pink Sand Dunes tiger beetle, and yellow-legged frog.

Drafted comments and provided strategic advice on ESA regulatory changes to voluntary conservation programs, incidental take analysis, and critical habitat designation requirements

Provide strategic counsel to multiple land-use industries on how to structure their advocacy on ESA issues

Provided strategic advice on impacts of designation of structures as Essential Fish Habitat

Clean Air Act & Climate Change

Counseling steel industry clients on Clean Air Act permitting issues and regulatory matters.

Challenged EPA’s regulation of GHGs under the Clean Air Act on behalf of the oil and gas industry.

Managed the oil and gas industry’s regulatory advocacy and litigation of the mandatory reporting rules for GHG emissions.

Counseled major bioenergy company on GHG reporting and obtained expedited EPA approval of an amended report to avoid an unnecessary overpayment under RGGI

Counseled multiple industries on Commonwealth of Massachusetts’ proceedings to change the estimated cost of complying with GHG abatement programs

Managed the oil and gas industry’s natural gas advocacy, including hydraulic fracturing, EPA and DOE studies, and lifecycle emissions of GHG from natural gas.

Water & Waste

Counseled oil and gas industry on regulatory issues related to ocean acidification and drafted extensive comments responding to petitions requesting EPA to more aggressively regulate ocean acidification, and therefore carbon emissions, under the Clean Water Act.

Managed multiple industries’ regulatory advocacy and litigation of EPA’s Definition of Solid Waste (DSW).

On behalf of multiple industries, challenged EPA’s Nonhazardous Secondary Materials rule.

Successfully defended a major pet supply company in a challenge to the scope of an indemnity for environmental liability in a stock purchase agreement.

Representing corporate clients on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) actions.

Representing corporate clients in actions under the New Jersey Spill Act and other DEP actions.

Represented a group of leather tannery PRPs in negotiating with other PRPs and U.S. EPA over CERCLA responsibility and allocation issues for multiple Superfund sites in upstate New York.

Representing a metals recycling coalition in the development of regulations to prevent radioactively contaminated scrap metal from entering the commercial scrap supply.

Providing Environmental and Occupational Health & Safety due diligence for large-scale corporate and real estate transactions.

Frequent speaker on water management issues in the oil & gas industry.

Occupational Health & Safety

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

Drafted comments and testified before OSHA on behalf of two energy trade associations in response to OSHA’s proposed standard for respirable crystalline silica.

Represented soft drink company in numerous administrative citations, including general duty clause citations relating to ergonomics issues.

Advising industrial clients on hazard communication issues, machine guarding requirements and personal protective equipment issues.

Advising hospital on OSHA reporting requirements and privacy issues.

Providing Environmental and Occupational Health & Safety due diligence for large-scale corporate and real estate transactions.

Counseling oil and gas industry clients on occupational safety and health issues impacting the upstream sector.

Providing “top-to-bottom” environmental health and safety auditing for heavily regulated industrial facilities.

Hydraulic Fracturing

Counsel to oil & gas industry clients on EPCRA requirements in the upstream sector.

Counsel to oil & gas industry on propriety protections for the precise contents of the hydraulic fracturing fluid matrix.

Counsel to oil & gas industry clients on state regulatory activity, municipal and state bans and moratoriums, and litigation

Drafted comments and testified before OSHA on behalf of two energy trade associations in response to OSHA’s proposed standard for respirable crystalline silica.

Counseled private investment group on regulatory pressures faced by the oil & gas industry.

Frequent speaker on water management issues in the hydraulic fracturing industry.

Memberships & Associations

Institute for Energy Law, Advisory Board Member

Honors & Awards

Named as a Rising Star by Law360 in the area of Environmental Law, 2013-2014.

Recognized by Super Lawyers as a Washington D.C. Rising Star, 2014-2015.

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Events
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April 15, 2015

Water Use and Quality in the Shale Boom

Energy Bar Association