WAYNE J. D'ANGELO
Partner
(202) 342-8525 (202) 342-8525
WAYNE J. D'ANGELO Partner

Wayne advises heavily regulated companies and industries on environmental, health, safety and natural resources matters.  Wayne routinely works with clients on regulatory and compliance issues arising under the Clean Air Act, Clean Water Act, Endangered Species Act, National Environmental Policy Act (NEPA) and the Occupational Safety and Health Act (OSHA), as well as the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability (CERCLA).  As co-chair of the firm’s Energy practice, Wayne advocates for the energy companies and trade associations on a wide range of regulatory compliance, natural resource extraction and land-use matters.  Wayne also represents a number of heavily regulated stationary source industries like steel mills, chemical companies and other manufacturing facilities in rulemaking and compliance matters under the Clean Air Act, Clean Water Act, RCRA and other federal and state statutes.

Wayne is highly valued by clients and colleagues alike for developing a sophisticated understanding of his clients’ operations and for using that knowledge for credible, well-informed and effective advocacy.  He approaches each new matter with enthusiasm, disciplined analytical skills, a diligent work ethic and a fanatical focus on details, deadlines and client communication.  Wayne’s ability to break down both the legal and technical issues of a given matter helps him to consistently craft effective and persuasive arguments.  Wayne’s approach to advocacy is tenacious, whether the task involves extensive research or action-oriented diplomacy in driving an argument toward the right conclusion.

Wayne advocates for heavily regulated industrial clients through all aspects of the federal rulemaking process, including, where necessary, litigation.  As a result, Wayne is frequently involved in the coordination of the firm’s legal, government relations, public relations and economics teams to develop effective, multifaceted responses to proposed regulations.  Wayne also counsels clients regarding their strategic planning and compliance matters, as well as advising on the Clean Air Act, Clean Water Act, the Endangered Species Act, OSHA regulations and environmental regulations pertaining to waste.

Wayne is known for the ability to consistently provide a multidimensional understanding of the regulatory pressures that face industry now (and in the future) through insights gained working at a trade association, a federal agency and on Capitol Hill.  Prior to joining Kelley Drye, Wayne served as counsel to the American Petroleum Institute, where he managed the organization’s most critical issues, including climate change and greenhouse gas regulatory matters and litigation, numerous federal and state hydraulic fracturing regulatory and legal actions, energy access challenges (including leasing) and NEPA reviews, as well as ESA actions, occupational safety and health issues, and waste and remediation matters under the RCRA and CERCLA.  Wayne also served as a Presidential Appointee at EPA working directly for the EPA Administrator and General Counsel.  He started his career in D.C. working as legislative assistant to Congressman Bob Franks of New Jersey, handling transportation, infrastructure and environmental issues.

Clean Air Act and Climate Change

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

Challenged the 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 a 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 the 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.

Endangered Species Act

Represented intervenors in support of an FWS decision to withdraw a proposed listing of the North American wolverine.

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

Successfully led a multiparty 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 a 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 withdraw its prior proposed listing of the North American wolverine.

Drafting 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 a critical habitat for the loggerhead turtle in the Gulf of Mexico and Atlantic Coast

  • Proposed listing of two species of Graham’s and White River Beardtongue in Colorado and Utah

  • Proposed listing 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 the impacts of the designation of structures as Essential Fish Habitat.

Water and Waste

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

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

On behalf of multiple industries, challenged the 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 the 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 and gas industry.

Occupational Health and Safety

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

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

Advising a 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

Wayne was selected for inclusion in the 2014-2015 Washington, D.C. Super Lawyers’ Rising Stars list, issued by Thomson Reuters.  A description of the selection methodology can be found at www.superlawyers.com/about/selection_process.html.

He was selected for inclusion by Law360 as a Rising Star in the Environmental Law area in 2013-2014.  A description of the selection methodology can be found at www.law360.com/rankings/rising-stars?facet=&page=20&per_page=25&q=.

No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

Institute for Energy Law, advisory board member

About

Wayne advises heavily regulated companies and industries on environmental, health, safety and natural resources matters.  Wayne routinely works with clients on regulatory and compliance issues arising under the Clean Air Act, Clean Water Act, Endangered Species Act, National Environmental Policy Act (NEPA) and the Occupational Safety and Health Act (OSHA), as well as the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability (CERCLA).  As co-chair of the firm’s Energy practice, Wayne advocates for the energy companies and trade associations on a wide range of regulatory compliance, natural resource extraction and land-use matters.  Wayne also represents a number of heavily regulated stationary source industries like steel mills, chemical companies and other manufacturing facilities in rulemaking and compliance matters under the Clean Air Act, Clean Water Act, RCRA and other federal and state statutes.

Wayne is highly valued by clients and colleagues alike for developing a sophisticated understanding of his clients’ operations and for using that knowledge for credible, well-informed and effective advocacy.  He approaches each new matter with enthusiasm, disciplined analytical skills, a diligent work ethic and a fanatical focus on details, deadlines and client communication.  Wayne’s ability to break down both the legal and technical issues of a given matter helps him to consistently craft effective and persuasive arguments.  Wayne’s approach to advocacy is tenacious, whether the task involves extensive research or action-oriented diplomacy in driving an argument toward the right conclusion.

Wayne advocates for heavily regulated industrial clients through all aspects of the federal rulemaking process, including, where necessary, litigation.  As a result, Wayne is frequently involved in the coordination of the firm’s legal, government relations, public relations and economics teams to develop effective, multifaceted responses to proposed regulations.  Wayne also counsels clients regarding their strategic planning and compliance matters, as well as advising on the Clean Air Act, Clean Water Act, the Endangered Species Act, OSHA regulations and environmental regulations pertaining to waste.

Wayne is known for the ability to consistently provide a multidimensional understanding of the regulatory pressures that face industry now (and in the future) through insights gained working at a trade association, a federal agency and on Capitol Hill.  Prior to joining Kelley Drye, Wayne served as counsel to the American Petroleum Institute, where he managed the organization’s most critical issues, including climate change and greenhouse gas regulatory matters and litigation, numerous federal and state hydraulic fracturing regulatory and legal actions, energy access challenges (including leasing) and NEPA reviews, as well as ESA actions, occupational safety and health issues, and waste and remediation matters under the RCRA and CERCLA.  Wayne also served as a Presidential Appointee at EPA working directly for the EPA Administrator and General Counsel.  He started his career in D.C. working as legislative assistant to Congressman Bob Franks of New Jersey, handling transportation, infrastructure and environmental issues.

Experience

Clean Air Act and Climate Change

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

Challenged the 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 a 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 the 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.

Endangered Species Act

Represented intervenors in support of an FWS decision to withdraw a proposed listing of the North American wolverine.

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

Successfully led a multiparty 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 a 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 withdraw its prior proposed listing of the North American wolverine.

Drafting 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 a critical habitat for the loggerhead turtle in the Gulf of Mexico and Atlantic Coast

  • Proposed listing of two species of Graham’s and White River Beardtongue in Colorado and Utah

  • Proposed listing 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 the impacts of the designation of structures as Essential Fish Habitat.

Water and Waste

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

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

On behalf of multiple industries, challenged the 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 the 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 and gas industry.

Occupational Health and Safety

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

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

Advising a 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

Honors

Wayne was selected for inclusion in the 2014-2015 Washington, D.C. Super Lawyers’ Rising Stars list, issued by Thomson Reuters.  A description of the selection methodology can be found at www.superlawyers.com/about/selection_process.html.

He was selected for inclusion by Law360 as a Rising Star in the Environmental Law area in 2013-2014.  A description of the selection methodology can be found at www.law360.com/rankings/rising-stars?facet=&page=20&per_page=25&q=.

No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

Memberships

Institute for Energy Law, advisory board member