Theodore L Garrett

Theodore Garrett has been extensively involved in litigation and administrative proceedings, compliance matters and transactions throughout the country involving federal and state environmental and natural resource matters. He has served as counsel in more than 50 reported cases and has also served a mediator and arbitrator. Mr. Garrett's practice involves major compliance, regulatory and enforcement issues, particularly concerning air quality, water quality, and hazardous waste matters. His clients have included Kerr-McGee, Intalco, Pechiney, Alcan/Rio Tinto, Vulcan Materials, HollyFrontier, Bristol-Myers Squibb, Sensient Technologies, American Petroleum Institute, PhRMA, ASARCO, Baker Chemical, Richardson Vicks, General Motors, Procter & Gamble, American Chemistry Council, Kansas City Power & Light, Dow Chemical, American Cyanamid. He has been lead industry counsel in cases involving major EPA air and water regulations and has represented clients in numerous Superfund sites including Chem-Dyne, Aceto, Blackbird Mine, Arlington Blending, Stoller, Price Landfill, Holden Mine, Global Landfill, Heleva Landfill, and Britannia Mine. Significant cases handled by Mr. Garrett include Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000) (Clean Air Act); Kelley v. EPA, 25 F.3d 1100 (D.C. Cir. 1994) (Superfund); Chemical Mfg. Ass'n v. NRDC, 470 U.S. 116 (1985) (Clean Water Act); Friends of the Earth v. Facet Enterprises, 618 F.Supp. 532 (W.D.N.Y. 1984) (Clean Water Act); American Cyanamid v. EPA, 810 F.2d 493 (5th Cir. 1987) (Clean Air Act); EPA v. National Crushed Stone Assn, 449 U.S. 64 (1980) (Clean Water Act); and Sun Oil Co. v. United States, 215 Ct.Cl. 716 (1978) (OCSLA lease). REPRESENTATIVE MATTERS Represented the Competitive Enterprise Institute in Sackett v. EPA, a case before the U.S. Supreme Court raising important issues concerning EPA’s issuance of enforcement orders under the Clean Water Act. Represented a petroleum refiner concerning new source review enforcement matters including negotiation of consent decrees. Advice and representation in litigation concerning environmental liabilities of buyers and sellers under prior agreements for the sale and purchase of manufacturing facilities. Advice to various clients concerning corporate compliance and document retention programs. Representing clients seeking reinstatement of facilities subject to federal debarment based on prior environmental violations. Assistance concerning the environmental aspects of due diligence and drafting of agreements for the purchase and sale of manufacturing facilities in the US and Europe. Advice, litigation and agency proceedings concerning CERCLA and state cleanup and NRD claims at the former Blackbird, Stoller, Holden, Tungsten Queen and Britannia mine sites in the US and Canada. Serving as a mediator and arbitrator in disputes concerning environmental matters. More Representative Matters PREVIOUS EXPERIENCE U.S. Department of Justice, Office of Legal Counsel, Special Assistant to William Rehnquist HONORS AND RANKINGS Who's Who Legal: “Global Environment Lawyer of the Year” (2005-2012) American College of Environmental Lawyers (2008-), Board of Regents (2012-) The Lawdragon 500: Leading Lawyers in America (2007-2008) Chambers USA's America's Leading Business Lawyers (“Senior Statesman”) (2007-2012) The Best Lawyers in America (2006-2013) Washington, DC Super Lawyers (2007-2012) Washingtonian, Best Lawyers (2012) International Who’s Who of Business Lawyers (2006-2010; 2012) Who’s Who in the World (2007-2012) Who’s Who in America (2007-2012) Who’s Who in American Law (2007-2012) Ethisphere Magazine, Attorneys Who Matter (2009) National Law Journal's "100 Most Influential Lawyers in America" (1994) MEMBERSHIPS AND AFFILIATIONS ABA Section of Environment, Energy, and Resources, Chair (2000-2001); Executive Committee and Council (1995-2000); Nominating Committee (2008-) ABA Standing Committee on Environmental Law, Liaison (2000-2002) American College of Environmental Lawyers (2008-); Board of Regents (2009-) District of Columbia Bar, Council of Sections, Chair (1994-1995); Environment, Energy, and Resources Section, Co-Chair (1992-1994); Steering Committee (1991-1997) Environmental Law Reporter, Advisory Board Columbia Law School, Environmental Advisory Committee Center for Public Resources, Panels of Neutrals PUBLICATIONS AND SPEECHES Mr. Garrett writes a regular “In Brief” summary of recent environmental developments in the courts. Mr. Garrett participated in an interview with Who's Who Legal (August 2011) for his "Global Environment Lawyer of the Year" award. "Sackett v. EPA: Parties May Sue To Challenge Clean Water Act Compliance Orders," ACOEL (3/1/2012), Author "Oral Argument In Sackett v. EPA (US Supreme Court): Judicial Review Of An EPA Compliance Order," ACOEL (January 2012) "Supreme Court to Review Lawfulness of EPA Enforcement Orders," ACOEL (7/21/2011), Author