The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Erika maintains a robust mixed practice of litigation, regulatory, and white collar defense work focused on water quality matters. Erika has significant litigation and appellate experience in both federal and state courts. Her work includes a range of state and federal matters at each stage of litigation, including settlement negotiations, mediations, arbitration, discovery, and trial. She has first-chaired numerous arbitrations and trials, as well as supported large, complex trial teams. Recent successes include negotiating early, favorable resolution of citizen suit actions alleging Clean Water Act violations in California and Washington. Erika also has deep regulatory expertise with federal and state stormwater, wastewater, and spill prevention and countermeasure requirements. Additionally, she has a strong command of international, national, and state treaties, laws, and regulations impacting the fisheries and aquaculture industries. Erika is a deputy leader of B&D’s Water practice and co-founder and deputy leader of B&D’s Fisheries & Aquaculture industry group. Her background in environmental sciences and fieldwork informs her legal practice.
Mary focuses her practice on a mix of regulatory advising and environmental litigation. She advises clients on issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and the Clean Air Act. Mary also has experience with toxic tort litigation and advising on waste and product regulation. Prior to joining Beveridge & Diamond, Mary served as a law clerk with the U.S. Department of Justice in the Environment & National Resources Division, Environmental Enforcement Section, and at the Environmental Law Institute and the Conservation Litigation Project. During law school, Mary co-authored a chapter in the Routledge Handbook of International Environmental Law (Erika Techera et al. eds., 2d ed. 2021).
Describe your practice area and what it entails.
Erika: I maintain a robust mixed practice of litigation, regulatory, and white collar defense work focused on water quality matters. All three components of my water work—litigation, regulatory, and criminal—inform one another, further strengthening my expertise in this area. I have had the privilege to work on a diverse range of water maters implicating federal, state, and local laws and regulations across more than 30 states. For example, in 2022 alone, I provided water compliance counseling, litigation defense, and enforcement defense to 11 clients with unique water challenges in more than a dozen states.
My litigation work also includes a range of state and federal contaminated site and tort matters at each stage of litigation, including settlement negotiation, mediations, arbitration, discovery, and trial.
Mary: My practice is primarily split between environmental litigation and regulatory work. My litigation matters involve common law claims, contractual indemnification disputes, and issues arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). My regulatory work involves helping clients interpret and navigate federal, state, and international treaty laws. For example, I advise on product regulatory issues, the Clean Air Act, extended producer responsibility schemes, environmental, health, and safety (EHS) and sustainability, and more.
What types of clients do you represent?
Erika: I represent municipalities, corporations, trade industry groups, and non-profit entities.
Mary: I work with large corporate clients in the tech, pharmaceutical, manufacturing, chemical, and energy sectors, as well as local governmental entities. Through my pro bono practice, I represent non-profit organizations.
What types of cases/deals do you work on?
Erika: As mentioned above, I provide water compliance counseling, litigation defense, and enforcement defense to clients with unique water challenges in more than a dozen states; my litigation work includes a range of state and federal contaminated site and tort matters at each stage of litigation.
Mary: I work on pre-litigation environmental indemnification contractual matters, represent clients in toxic tort claims or CERCLA matters, advise on UN Plastics Treaty negotiations, advise on product regulatory issues (including product safety, green procurement, extended producer responsibility schemes), counsel on international EHS issues, and support clients through site remediation and investigation.
How did you choose this practice area?
Erika: I have long been drawn to and passionate about environmental law. Indeed, I went to Lewis & Clark Law School specifically for its strong environmental law program.
Mary: I applied to law school knowing that I wanted to practice environmental law given my background in biology and interest in the environment. It is a consequential and dynamic practice area. While in law school, I interned with other environmental lawyers in the government, public policy, and the private sector, and my experiences confirmed that this was the right field for me. Then and now, I enjoy working on cutting-edge issues and solving complex problems for our clients.
What is a typical day like and/or what are some common tasks you perform?
Erika: On a typical day, I interface internally with my colleagues on large and small matters, communicate externally with clients, regulators, and opposing counsel, and support various aspects of firm administration.
Mary: There is no typical day. Within a day, I might conduct depositions in a tort case, analyze draft treaty text, research case law, prepare a motion, interview a client’s employees, present findings to the client, or develop litigation strategy with a team. I also enjoy working with the firm’s recruiting committee and dedicating time to other firm activities.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Erika: I recommend taking environmental law courses (if in law school) or attending the Environmental Law Institute’s Environmental Boot Camp (if in practice), staying current on environmental and natural resource law developments, and becoming active with the environmental & natural resources section of your state’s bar.
Mary: Developing foundational legal research and writing skills is critical to success in this practice area. I also recommend participating in an externship or clerkship while in law school to hone your interest area (environmental law is a broad practice area). Develop the skill of crisp, clear writing. Stay connected with environmental legal news given the practice area’s dynamic nature.
What is the most challenging aspect of practicing in this area?
Erika: Staying current on legal developments. That is also what makes this practice area so exciting and dynamic!
Mary: Sometimes our work demands a familiarity with technical knowledge to better understand the legal issues, which can be challenging, particularly when one is new to the practice area or substantive issue. A successful environmental lawyer needs to be familiar with the technical, substantive issues, while also mastering a wide range of legal areas, like tort law, property law, corporations, contract law, international law, and administrative law. Even so, I enjoy that I am constantly learning new things.
What do you like best about your practice area?
Erika: That it is both complex and extremely rewarding.
Mary: I enjoy the creative problem-solving. When analyzing newly proposed regulations or draft treaty text, determining the potential impact on our clients requires creative, interdisciplinary consideration. The problems we solve for clients are often critical to the client’s business and require thinking from a legal, business, and public policy perspective.
What misconceptions exist about your practice area?
Erika: That environmental law is a narrow practice area, when in fact, environmental law is extremely broad and interdisciplinary.
Mary: The practice area is not niche or narrow. Environmental practice continues to evolve and expand because our clients’ challenges and opportunities are ever-changing. This makes for a stimulating and rewarding practice—no two client questions are alike.
What kinds of experience can summer associates gain in this practice area at your firm?
Erika: Our summer associates work on real assignments for real clients. The firm assigns projects through a central committee to ensure that everybody gets challenging, substantive legal work similar to projects we give our junior associates. We make an effort to assign projects in the areas of interest for those summer associates who express a particular interest, or to provide a well-rounded experience for those who want a broader experience. Summer associates frequently develop an interest in practice areas they had not previously considered, and we endeavor to promote their exposure to new areas.
Mary: Summer associates participate in teams and function at the level of a junior associate, with the support of mentors. Our summer associates complete important tasks for the firm and have the opportunity to conduct legal research, draft substantive memos, participate on client calls, prepare marketing think pieces, and more.