Benjamin S. Lippard
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, D.C. 20037
Ben represents clients in complicated environmental disputes, drawing on his more than 20 years of experience to guide companies through civil litigation, civil and criminal enforcement defense, and administrative hearings. He also advises companies regarding complex site remediation issues, internal investigations, responses to catastrophic incidents, and regulatory issues. In the ESG space, Ben has advised an international mining company regarding important sustainability issues, most notably in the development and implementation of a major new international standard for mining operations.
Ben’s practice focuses on matters involving federal environmental statutes CERCLA, RCRA, the Clean Air Act, and the Clean Water Act, as well as state environmental and regulatory programs. Ben spends a significant amount of time representing clients in the hardrock mining industry and also represents companies in the electric utility and oil and gas industries. He is also a member of the firm’s Climate Change practice, and counsels clients regarding environmental issues associated with corporate transactions.
Experience Highlights
Represented clients at several major Superfund “megasites,” with selected or anticipated remedies likely to cost billions of dollars; Ben’s work include advising clients as they navigate the EPA process, developing legal and technical positions regarding various issues that arise at such sites, and planning for contribution litigation
Represented a client in a mediation process with the United States that resulted in a settlement where the federal government agreed to accept a greater than 50% share of the costs to clean up historic mining sites in the Southwestern U.S in light of potential CERCLA claims that could have been asserted by the client
Lead environmental negotiator in a mediation process that resulted in a $100 million settlement resolving litigation arising from coastal land loss in south Louisiana
Advised client during the development of a new international standard applicable to mine tailings storage facilities
Led effort to prepare substantial client comments in response to EPA’s proposed rule on hardrock mining financial assurance; this work involved development of legal, scientific, engineering, and economic positions and advocacy in a rulemaking process that had significant implications for the client
Represented a client in a Superfund litigation matter and obtained summary judgment in defendant’s favor in a case involving more than $150 million in alleged liability
Represented a major industrial facility in developing a compliance strategy to address the requirements of EPA’s reginal haze regulations and the National Ambient Air Quality Standards for sulfur dioxide; this engagement involved commenting on proposed EPA regulations, advising the client regarding compliance and air modeling issues, and appellate litigation challenging certain regulatory actions
Key member of the legal team defending against civil and criminal claims under federal environmental statutes arising out of an explosion at an oil refinery
Lead attorney representing a client in an EPA enforcement action alleging violations of the Clean Air Act’s New Source Review requirements and exceedances of air emissions limits
Represented a client in responding to a CERCLA unilateral administrative order regarding a significant sediment remediation project
Key member of the litigation team that successfully defended a utility company in a major civil enforcement action brought as part of the EPA’s New Source Review Enforcement Initiative against the coal-fired utility industry
Represented clients in numerous environmental litigation matters involving complex legal and scientific issues, including both CERCLA cost recovery litigation and toxic tort litigation, with a focus on written advocacy, development of expert testimony, and corporate structure issues
Represented a client in a Superfund litigation matter and obtained summary judgment in defendant’s favor in a case involving more than $150 million in alleged liability
Represented a client in a citizen suit alleging that a client had not sufficiently addressed climate change and physical climate risks in facility planning and permitting
Primary attorney involved in preparing a client for an environmental arbitration regarding allocation of cleanup costs at a number of industrial facilities, including development of legal strategy, preparation of witnesses, and drafting related settlement agreements
Principal drafter of amicus curiae brief filed in a federal appeal involving potential civil liability for greenhouse gases emitted by electric utilities
Second-chaired an arbitration proceeding under an environmental indemnity contained in a $500 million asset purchase agreement; the claims at issue related to an EPA enforcement action against a large industrial facility in Virginia
Lead attorney dealing with environmental issues related to the condemnation of a historic hazardous waste site
Represented a client in a mediation process with the United States that resulted in a settlement where the federal government agreed to accept a greater than 50% share of the costs to clean up historic mining sites in the Southwestern U.S in light of potential CERCLA claims that could have been asserted by the client
Represented a client in preparing comments to a proposed EPA remediation plan for a major sediment site where cleanup costs are forecast to exceed $1 billion
Represented a client in connection with the management of a voluntary response action at a major Superfund site being conducted by a group of cooperating parties
Drafted and negotiated provisions of EPA administrative orders on consent under Superfund, as well as provisions of agreements organizing a group of potentially responsible parties at a major Superfund site
Represented a client in defense of a criminal enforcement action in connection with an explosion at an oil refinery
Provided strategic advice regarding the legal risks and risk reduction measures related to serious event scenarios at its industrial facilities
Represented a major industrial facility in developing a compliance strategy to address the requirements of EPA’s reginal haze regulations and the National Ambient Air Quality Standards for sulfur dioxide; this engagement involved commenting on proposed EPA regulations, advising the client regarding compliance and air modeling issues, and appellate litigation challenging certain regulatory actions
Represented a municipality in responding to EPA requests for information and potential enforcement action regarding Clean Water Act compliance for its municipal sewer systems
Advising client on EPA’s rulemaking regarding waters of the United States
Represented a client developing a strategy to respond to EPA proposed rule revising the definition of “solid waste” under the Resource Conservation and Recovery Act
Represented clients responding to federal and state natural resource trustees’ claims for damages and assessment costs at various sites
Served as coordinating counsel for a group of companies responding to federal and state natural resource trustees’ claims for damages and assessment costs at a significant sediment site
Key member of internal investigation team that investigated allegations related to mechanical integrity and worker health and safety issues at an oil production facility
Key member of an internal investigation team that investigated alleged securities law violations related to municipal bond disclosures by a major city
Key member of internal investigation team that investigated allegations that classified information was mishandled at a private research facility
Credentials
- University of Virginia School of Law, J.D., 1998 (Editorial Board, Virginia Law Review; Order of the Coif)
- University of Redlands, B.A., English Literature and Political Science cum laude, 1994 (Phi Beta Kappa)
- The Best Lawyers in America© (BL Rankings, LLC), Environmental Law (Washington), 2023–2025
- Chambers USA, Environment (District of Columbia), 2017 and 2018
- Lawdragon, Leaders in Environmental Law, 2024
- Selected to the Lawdragon Green 500: Leaders in Environmental Law, 2023
- Chair: Environmental Enforcement and Crimes Committee, American Bar Association Section of Environment, Energy, and Resources, 2014–2015
- Vice-Chair: Environmental Enforcement and Crimes Committee, American Bar Association Section of Environment, Energy, and Resources ; Special Issues, 2005–2006; Committee Newsletter, 2006–2007 and 2009–2011; Year in Review, 2008–2009
- Member: Steering Committee, District of Columbia Bar Association Environment, Energy, and Resources Section, 2010–2011, 2014–2015
- Chair: Standing Committee on Site Remediation and Environmental Liability, District of Columbia Bar Association Environment, Energy, and Resources Section, 2013–2015
- Virginia
- District of Columbia
- InsightMarch 11, 2024
V&E Environmental Update
- InsightSeptember 6, 2023
V&E Environmental Update
- Rankings & AwardsAugust 21, 2023
- InsightMay 30, 2023
- InsightFebruary 3, 2023
- Rankings & AwardsFebruary 3, 2023
- InsightJanuary 10, 2023
- InsightSeptember 2, 2022
- Rankings & AwardsAugust 18, 2022
- InsightMarch 15, 2022
- “First ESG Taskforce Lawsuit Shows SEC Serious on Disclosures,” Bloomberg Law, May 13, 2022 (co-author)
- “EPA’s Audit Policy 2.0: Voluntary Disclosures in the Electronic Age,” Program Sponsored by the Environment, Energy, and Natural Resources Section of the District of Columbia Bar, March 8, 2016 (moderator)
- “Ethics Considerations for the Environmental Lawyer,” American Law Institute, June 2015 (speaker)
- “Natural Resource Damages – Update on 2014 Case Law,” Ad Hoc Committee on Natural Resource Damages, February 2015 (speaker)
- “Settling CERCLA Cases: Implementing an Effective Strategy,” Strafford Seminars, February 2015 (speaker)
- “The Future of Drilling in the U.S. Arctic,” American Bar Association Section of Environment, Energy, and Resources Marine Resources Committee Newsletter, January 2014 (co-author)
- “Recent Developments under the Migratory Bird Treaty Act,” Daily Environment Report, Vol. 12, No. 70, April 12, 2012 (co-author)
- “Reflections on Durban,” V&E Climate Change Report, February 10, 2012, Issue 17 (co-author)
- “For Now, Durban Platform Is Just A Stepping Stone,”Law360, January 4, 2012 (co-author)
- “Implications of U.S. v. EME Homer City Generation,” Law360, November 10, 2011 (co-author)
- “The Trouble With Atmospheric Public Trust Claims,”Law360, June 2, 2011 (co-author)
- “Unresolved CERCLA Issues after Atlantic Research and Burlington Northern” 40 Environmental Law Reporter 11198, December 2010
- “Challenges Plaintiffs Face in Litigating Federal Common Law Climate Change Claims,” 40 Environmental Law Reporter 10845, September 2010
- “Environmental Enforcement and Crimes Report,” ABA’s Environment, Energy, and Resources Law: The Year In Review 2008
- “Recent Developments in Hazardous Waste Litigation and Enforcement,” 29 EPA Administrative Law Reporter 6, January 2007
- “The Five Commandments of New Source Review: Stone Tablets from the Defense,” Environmental Manager Magazine, September 2004
- “Environmental Enforcement Developments in 2003,” 34 mThe Environmental Law Reporter 10073, 2004 (cited in United States v. Alabama Power Co., 372 F. Supp. 2d 1283, 1299 n.30 (N.D. Ala. 2005))
- “TVA Decision Calls EPA’s Unilateral Enforcement Authorities Into Question,” 34 The Environmental Law Reporter 1894, 2003
- “Environmental Enforcement: Industry Should Not Be Complacent,” 32 The Environmental Law Reporter 10488, April 2002
- “Environmental Enforcement Developments – 2001,” The Environmental Counselor, January/February 2002