The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Allyn Stern’s experience as long-time lawyer and regional counsel at EPA Region 10 informs her deep policy, regulatory, and enforcement knowledge. She helps clients comply with an array of environmental requirements under water, waste, and air regulations. Allyn also helps clients work effectively with regulators, drawing on her 30 years of agency experience. Her practice includes permitting, regulatory compliance, defense of agency civil and administrative enforcement for both industrial and municipal clients, and sustainability counseling.
As an EPA lawyer in Regions 9 and 10, Allyn supervised, developed strategy, and prosecuted hundreds of enforcement matters, with an emphasis on the Clean Water Act (CWA). Serving as Regional Counsel at Region 10, she supervised and developed strategy to defend CWA litigation challenging water quality standards, total maximum daily loads, and National Pollutant Discharge Elimination System permits.
Deepti Gage supports clients across industry sectors in matters relating to international regulations, corporate social responsibility, supply chains, product stewardship, and renewables while also assisting with litigation related to various environmental statutes. Deepti’s regulatory work involves tracking federal, state, and local environmental, health, and safety laws to keep clients apprised of changes in their responsibilities. Her international experience focuses on the circular economy, international and federal laws related to the transboundary movement of waste for recycling and disposal, plastics, the United Nations Framework Convention on Climate Change/Paris Agreement, tax incentives for environmental projects, and carbon trading. Prior to attending law school, Deepti was a financial consultant.
Describe your practice area and what it entails.
Allyn: My practice reflects my background in regulatory matters, coming to private practice from the EPA. I provide regulatory advice, primarily on water-related matters, plastics, packaging, and recycling regulations. I also defend state and federal enforcement cases.
Deepti: I counsel clients on international environmental treaties, related national and local laws, and various sustainability-oriented regulations. The subject areas I advise on include climate change, carbon markets, plastics, the transboundary movement of waste, and product regulatory compliance.
What types of clients do you represent?
One of the interesting things about practicing at B&D is the diverse range of clients the firm represents. Clients include (among others) major manufacturing, chemical, and energy companies; information technology companies; pharmaceutical and healthcare companies; transportation sector companies; municipalities; apparel, cosmetic, and textile companies; and smaller outfits like carbon brokers and startups.
What types of cases/deals do you work on?
Allyn: My practice is a combination of defending agency enforcement actions and regulatory counseling. Enforcement defense involves a lot of litigation-type of activities, including fact investigation, document production, developing strategy for resolution, and negotiation with state and federal regulators. I also help clients understand air, water, and waste compliance and evaluate regulations in the quickly developing field of plastics and packaging recycling.
Deepti: My work is primarily regulatory and transactional. My regulatory work includes sustainability counseling on various regulatory subjects like climate change, materials circularity, carbon markets, green marketing, human rights, product regulatory compliance, and extended producer responsibility. I also counsel and assist with advocacy on various international environmental issues. Through this work, in the past year I have attended negotiations and meetings related to the Basel Convention, the forthcoming Plastics Treaty, and NYC Climate Week. For transactional work, I have the privilege to serve clients from both the buyer and seller/broker sides of carbon transactions. I also serve clients developing green infrastructure from EV charging stations to home solar and battery systems.
How did you choose this practice area?
Allyn: Prior to private practice, I worked for decades at the EPA on enforcement of environmental laws, permitting, and regulatory development. This practice area and this firm were a natural fit for me. When I entered law school, I intended to practice criminal law, but I spent my 1L summer with the EPA’s criminal program, and my love for environmental law emerged. I have never looked back. This field offers intellectually challenging legal work; an evolving set of issues combining law, science, and policy; and wonderful colleagues who are passionate about their work.
Deepti: A culmination of experiences and my underlying interest in the environment led to my career in international environmental law. I also see ESG and sustainability as a new frontier in environmental law, reminiscent of the movements we saw in the 1970s with the creation of the EPA and related environmental laws and regulations. Many firm principals built their careers being the subject matter experts on those laws and regulations when they were first developed and helped make B&D the environmental law firm. I hope to do the same strategically in my career by focusing on the cutting-edge intersection of international law and ESG/sustainability law in their early stages.
What is a “typical” day like and/or what are some common tasks you perform?
Allyn: My days vary. I often have calls with clients to discuss either new work or existing matters. I also spend time reviewing research, drafting work product (legal analysis, memos, briefs, presentations, etc.), developing legal strategy, and case management. Additionally, I ensure that I make time to contribute to firm governance, business development, and mentoring.
Deepti: As a regulatory and transactional attorney, I find that each day is different. In a day, I work on a variety of matters; for example, I probably communicate with at least five unique clients in a day. I really enjoy this diversity in work. I have also supported a number of pro bono clients, primarily focused on nonprofit governance and immigration. I also help lead our firm’s ESG and sustainability practice group, the apparel and textile practice group, and the Women’s Initiative, and I participate in our recruiting committee.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Allyn: An introduction to environmental law is usually critical because it is difficult to work in this field without some introduction to the basics (although it is possible). Administrative law is also very helpful, and legal writing is crucial. I also strongly recommend hands-on experience through clinics, internships, and clerkships.
Deepti: While I never took any international environmental law classes in law school, I made my way into international environmental law by gaining experiences through my law school externships in the subject matter and seeking the mentorship of renown international environmental practitioners like Russ LaMotte and Paul Hagen, among others. Knowing multiple languages gave me a leg up, and my background as a business consultant has helped me understand corporate perspectives and project management in numerous matters.
What do you like best about your practice area?
Deepti: I never imagined I could work in international environmental law at a private law firm. Not only do I get to work in a cutting-edge area of the law that I care about, but I also get to serve clients working to comply with, and often advance, environmental law. The work is truly meaningful and impactful.
How do you see this practice area evolving in the future?
Deepti: Parts of my practice are more established, but many are relatively new and evolving. Getting to see and be a part of a nascent field is unique; I am seeing the field grow in real time. Much of the ESG and sustainability work is growing through disclosures, reporting, and due diligence obligations in areas ranging from human rights and critical minerals and resources to carbon emissions and removals.
How do you balance the different hats (from litigation to transactional work to regulatory matters) that an environmental lawyer must wear?
Deepti: Organization, project management, and prioritization are key, so is clear communication with my clients and colleagues. These skills are crucial for managing a diverse set of matters within the environmental regulatory space and outside of the workplace as a mother.
What kinds of experience can summer associates gain in this practice area at your firm?
Deepti: We give our summer associates real assignments throughout the summer and mix in social activities so they can get to know everyone. The summer associate experience is not only a chance for the firm to see if you are a good fit for the firm but is also a chance for you to see if the firm is a good fit for you and your career aspirations.