Environmental Law

Describe your practice area and what it entails.

I am an environmental and sustainability lawyer. I counsel clients in three main areas: operations, products, and business strategy. In each of these areas, I help companies develop forward-thinking processes designed to achieve regulatory compliance and advance business goals, including in the area of voluntary sustainability commitments. When needed, I defend clients in environmental enforcement actions.

What types of clients do you represent?

Sustainability and ESG are topics that are important for companies in every industry. Accordingly, I represent clients in multiple industries, with a particular focus on companies that manufacture and sell products. 

What types of cases/deals do you work on?

I provide a range of counseling services for clients. I especially enjoy working with clients to design and implement compliance systems, including in high-pressure situations. I joined Volkswagen as an in-house lawyer after the diesel enforcement case to help the company build a new environmental, health, and safety function. I draw on that experience to help clients make smart, proactive decisions about how to manage legal risks and opportunities across the whole organization.

How did you choose this practice area?

Environmental work has always felt existential to me. We all have a responsibility to safeguard the planet we live on and ensure that all human beings can live safe, healthy lives. I wanted to spend my time focusing on that work.

What is a typical day like and/or what are some common tasks you perform?

I spend a lot of time talking with clients about their business processes and providing strategic advice about compliance and risk management. When a client identifies a potential compliance issue, I advise on what to do, including how to fix the process and whether and how to contact regulators. I also engage with government agencies on behalf of clients.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Try to get experience from different perspectives, whether through work experience or through having conversations with people in different types of roles. Being able to look at issues from the point of view of both a regulator and a regulated party helps with flexible thinking and the ability to identify solutions for clients. In order to give good legal advice, I also think it’s important to learn about how a company operates on the ground. What are the practical realities? Seize opportunities to talk to non-lawyers and tour operational facilities, like a client manufacturing plant. 

What is the most challenging aspect of practicing in this area?

Companies in multiple industries are in the midst of technology transitions right now. At the same time that companies are developing new products and operations with new and different environmental impacts, there has been a huge increase in legal requirements aimed at pushing companies to operate responsibly. These requirements include both direct regulation and reporting/disclosure rules. Helping companies navigate this changing landscape is difficult, fascinating, and rewarding.

What misconceptions exist about your practice area?

People sometimes think environmental lawyers just provide ancillary services for clients of the firm in the event that there is a transaction with environmental concerns or litigation involving environmental contamination. In reality, environmental lawyers are great strategic partners. We have always had to understand company operations and product composition in a very practical sense, and so we are well positioned to work alongside corporate teams to develop well-founded environmental goals and integrate legal risk management into overall corporate strategy.

How do you see this practice area evolving in the future?

I think environmental lawyers will focus less on discrete problems involving individual environmental media (such as air emissions or discharges to water) and will increasingly work collaboratively with lawyers in other practice areas to provide full-service strategic support to clients.

How do you balance the different hats (from litigation to transactional work to regulatory matters) that an environmental lawyer must wear?

Getting to work on different types of matters is one of the best things about being an environmental lawyer. Through our work, we gain a deep understanding of our clients’ operations and also detailed knowledge of environmental regulations. We then use that knowledge to help navigate different types of problems, whether it’s a transaction or a dispute or internal process-building. All of these pieces inform the others and make us better lawyers.

Rachel Saltzman, Partner—Administrative Law/Environment

Rachel focuses her practice on environmental law and sustainability. She is respected for her experience with ESG strategy development, environmental and product compliance counseling, and environmental enforcement defense and corporate remediation.

Rachel offers over a decade of experience in private practice, government service, and as in-house counsel at a top 20 Fortune Global 500 company. During her time in-house, she provided both legal support and executive leadership across a full range of business strategy and operations, leading environmental, social, and governance (ESG) strategy development and environmental, health, and safety compliance (EHS) efforts. She is well positioned to advise clients across industries on sustainability, product stewardship, and environmental matters.

Prior to entering private practice, Rachel served as an attorney-advisor in the Environmental Protection Agency’s (EPA) Region 9 (Pacific Southwest) office in San Francisco. She led hazardous waste enforcement cases and supervised the legal aspects of Superfund cleanups. Notably, she served as the EPA’s lead negotiator in consent decree negotiations concerning the cleanup of abandoned uranium mines on the Navajo Nation, leading to a settlement valued at over $600 million. Rachel also oversaw the U.S. Navy’s remediation of Hunter’s Point Naval Shipyard and negotiated environmental protection measures related to the Navy’s transfer of property in the City of San Francisco.

Describe your practice area and what it entails.

Stacey: Our practice represents a full spectrum of clients across administrative and regulatory proceedings, enforcement, litigation, transactions, and legislative matters.

Our land use permitting and entitlement team regularly negotiates on behalf of clients with federal, state, and local regulators, consults with American Indian tribes, and helps clients manage complex stakeholder relationships. We engage these stakeholders on environmental policy and permitting relating to conventional and renewable energy projects and energy infrastructure siting issues of all kinds, including power generation, transmission, pipelines, and transportation projects. We work with clients to create a legally defensible administrative record before the agencies and often defend the approvals in later administrative and judicial challenges.

On the deal side, we work with our corporate, finance, and tax colleagues on transaction structure and other approaches to account for environmental considerations in transactions.

What types of clients do you represent?

Robin: We counsel and represent multinational corporations, project developers, investors, and lenders throughout the world in every kind of environmental matter, from air and water quality, chemical and product regulation, contaminated properties, and land use permits, to complex commercial environmental litigation, toxic tort class actions, environmental insurance, climate change, and energy transition matters.

Clients reflect a range of industries—including manufacturing, oil and gas, consumer products, energy, and industrial hygiene—working on major infrastructure projects, renewable energy projects, or whose businesses intersect with air quality and climate change issues or other environmental issues.

What types of cases/deals do you work on?

Stacey: We routinely help clients navigate complex agency rulemakings, win approvals for energy and infrastructure projects, obtain new chemical and product approvals, and resolve environmental investigations, compliance, enforcement, and litigation matters across industries.

With the energy transition, we are advising oil super majors, midstreams, and industrial companies on cutting-edge carbon capture and sequestration (CCS) projects, which play a critical role in mitigating the effects of climate change. 

We also represent offshore wind developers in connection with leasing and permitting considerations for offshore wind development in the nascent U.S. offshore wind industry and advise sponsors and lenders on transformative offshore wind development projects. Relatedly, we represent an offshore wind developer in some of the first federal court challenges to offshore wind project approvals in the U.S., including beating back proposed preliminary injunctions against the second large-scale commercial offshore wind generation project approved in federal waters offshore from the U.S. and the first to connect to New York. 

How did you choose this practice area?

Stacey: Prior to my legal career, I worked in the field of historic preservation, including processes for cultural resource review, stakeholder feedback, and regulatory considerations. When I studied environmental law in law school and then when I was included on the team for an environmental matter when I joined Latham, I realized the similarities between the environmental work and my previous historic preservation work. And of course, I really liked the colleagues I met in Latham’s environmental group, so the practice was a natural fit.

Robin: I love litigation. And I am absolutely enamored with all things environmental, including the complex regulatory framework that exists to protect the environment in federal, state, and local jurisdictions. Doing environmental work at Latham allows me to satisfy both of my passions. And in between the intense periods of litigation, I have opportunities to work on straight regulatory matters, or handle the environmental aspect of due diligence for some of the fascinating corporate transactions the firm is handling.

What is a typical day like and/or what are some common tasks you perform?

Robin: There are no typical days. The work is so varied. Some days, I may be preparing for trial or interviewing a witness for a deposition. Some days, I may be digging into interesting documents or facts that associates have dug out of a multitude of materials, using their research to help build a strategy for a victory. Other days I may be drafting a motion or a slideshow, or preparing my oral argument for court. And some days…they do happen…I get to relax and have fun with my Latham colleagues.

Stacey: My typical day as a partner is quite different from my typical day as an associate. Earlier in my career, I focused more on research or drafting documents and participating in strategy meetings. Then, as now, associates are involved in all aspects of a case so they get to see how it all fits together. Now as a partner, I do a lot of client counseling on the phone, understanding clients’ goals and challenges and providing advice, including federal agency and litigation strategy. And because I handle a lot of litigation, like Robin, I may be drafting or revising a motion or a brief or preparing for a court appearance.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Stacey: My administrative law class was very helpful to my practice. Here in Washington, DC, much of our regulatory and litigation work involves administrative law. I also took a survey course in law school on environmental law that gave a great overview of the relevant federal statutes. Latham’s environmental webcasts and our Global ELR Blog are great resources for students.

Robin: I totally agree about administrative law. Also, I recommend taking all the coursework available on trial advocacy, client counseling, and environmental law. The advocacy and counseling classes were invaluable as I am constantly dealing with facts and interacting with witnesses and clients.

Stacey: And the learning doesn’t stop at law school. Getting away for an immersive course, like the Environmental Law Institute’s Eastern Boot Camp on Environmental Law(R), is a great way to learn and meet other environmental lawyers.

What do you like best about your practice area?

Robin: I love the variety of work. My clients have matters related to soil, air, water, and land. And those matters may take the shape of regulatory counseling, litigation, government investigations, and also transactional matters. I work with such an exciting mix of both environmental constituents and even Latham colleagues in other practices.

Stacey: I second Robin’s point about variety. I feel like I have had eight different careers here at Latham. Environmental law is changing so rapidly, and we are constantly learning to remain at the forefront of environmental issues to best serve our clients.

How do you see this practice area evolving in the future?

Stacey: The energy transition is the biggest shift in our practice, impacting every sector. Because of our work across industries globally, we are ideally situated to advise on the energy transition. We have worked on renewable energy and electric vehicles, as you might expect. But the work is so multifaceted, touching on carbon capture and sequestration, hydrogen, battery technologies, and emerging technologies, and how industries are using these new technologies as they transition production and services to lower carbon energy sources.

What kinds of experience can summer associates gain at this practice area at your firm?

Robin: Looking at some real-life examples of what our most recent class of summer associates worked on: regulatory matters for offshore wind projects, briefing for litigation on behalf of vehicle manufacturers on electric vehicle policies, researching and briefing for a greenwashing litigation, assisting with a government investigation centering on environmental issues. And each year, summer associates get involved with drafting thought leadership. We work hard to ensure that our summers have meaningful work across a range of matters. In our articles and blog posts, we value the contributions of summer associates and acknowledge them by name in the publications they work on.

What are some typical career paths for lawyers in this practice area?

Stacey: I have spent my whole legal career at Latham. Robin clerked for a judge and worked for the Department of Justice’s Environmental and Natural Resources Division before coming to Latham 32 years ago. As we mentioned earlier, we have found our careers dynamic and varied. But we have observed Latham colleagues following a really interesting range of different career paths. Many have gone to state and federal governments as regulators or litigators. Others have gone in-house to companies, including many Latham clients, to run their environmental-focused practices. And we have seen colleagues move into work with non-governmental organizations, often in leadership positions. Spending time at Latham as an environmental lawyer can provide a lot of career options down the road. 

Stacey VanBelleghem represents clients in a variety of industries on major project infrastructure and development, administrative petitions and rulemaking, and litigation under federal environmental law. In addition to her environmental practice, Ms. VanBelleghem has previously served in management roles as Global Co-Chair of the Project Siting & Approvals practice and on the firm’s Diversity Leadership Committee, Global Associates Committee, and Global Pro Bono Committee.

Before becoming an attorney, Ms. VanBelleghem worked at the National Trust for Historic Preservation in its Public Policy Department and also at the National Park Service.

Robin Hulshizer is a trial lawyer with more than 25 years of experience litigating complex commercial and environmental matters. She is a member of Latham’s Complex Commercial Litigation and Environmental, Social & Governance practices, focusing on environmental litigation, greenwashing claims, and environmental justicebased claims. Her experience includes toxic torts, product liability, consumer fraud, business contract, insurance coverage, class actions, and securities litigation.

She formerly served as Deputy Office Managing Partner of the Chicago office as well as Local Chair of the Environmental, Land & Resources Department and Vice Chair of the firm's Diversity Leadership Committee.

Describe your practice area and what it entails.

Kaitlyn: I am an environmental litigator—most of my work happens in California state court and federal court. I have extensive experience with CERCLA, including defending against natural resource damages claims. I handle numerous California state law issues, including California’s Superfund program, California’s Environmental Quality Act, and various common law claims, such as nuisance. I have argued appeals in both California state court and the Ninth Circuit Court of Appeals. I also represent employers in Cal/OSHA administrative proceedings.

Leigh: The majority of my practice focuses on environmental litigation, but I also maintain a regulatory practice with an emphasis on solid and hazardous waste issues. My litigation practice includes enforcement defense, citizen suit defense, and tort claims. My regulatory practice includes helping clients understand and comply with local, state, and federal solid and hazardous waste statutes, rules, and regulations.

What types of clients do you represent?

Kaitlyn: I work with manufacturing clients, including those in the Fortune 500, trade associations, and municipalities.

Leigh: I primarily work with companies that generate, handle, and manage the recycling or disposal of solid and hazardous waste.

What types of cases/deals do you work on?

Kaitlyn: I work on a broad array of litigation matters. I have defended various companies in CERCLA cost allocation and natural resource damages litigation. I also defend companies against various common law claims, including nuisance for contamination and odor nuisance. I also represent companies in Cal/OSHA administrative hearings.

Leigh: I work on a wide range of matters. In my litigation practice, I defend against toxic tort claims, challenge the issuance of conditional use permits containing illegal and onerous operational and fee conditions, defend clients in administrative hearings, and represent clients in CERCLA cost allocations. In my regulatory practice, I counsel clients on permit compliance issues and assist them in understanding and maintaining compliance with federal and state hazardous waste rules and regulations.

How did you choose this practice area?

Kaitlyn: When I graduated law school, I thought I wanted to be a commercial litigator. After practicing for a few years at more general service firms, I was staffed on a few environmental litigation matters and those cases were consistently my favorite matters. I then focused my job search on finding a job where I could pursue environmental litigation exclusively. After I interviewed at B&D, I knew it was the right fit.

Leigh: I have always been interested in environmental issues. In undergrad, I majored in Environmental Studies, taking courses in both environmental science and environmental policy. I went to law school knowing I wanted to practice environmental law and explore the relationship between environmental science and the law. When I learned about B&D and its breadth and depth of work in environmental law, I knew that this was the place for me.

What is a typical day like and/or what are some common tasks you perform?

Kaitlyn: What I do each day depends on the stage of a case. When cases are in active discovery, I spend my time drafting or responding to discovery, interviewing witnesses, managing complex document productions, or taking depositions. At other times, my days are spent drafting pleadings or motions. I also dedicate time to the firm’s Recruiting Committee.

Leigh: There is no typical day. Some days are spent in meetings and/or drafting and sending written correspondence with clients, co-counsel, consultants, or experts to develop legal and technical strategies for litigation or advice for client counseling. Other days consist of research and writing or reviewing the research and writing of others. I also dedicate time to the firm’s Pro Bono Committee, pro bono relations and matters, and my own pro bono practice; our Recruiting Committee and various recruiting issues; and our Diversity, Equity & Inclusion Committee.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Kaitlyn: A strong litigation foundation, based on legal research and writing, is essential. I also encourage law students to seek out “on your feet” litigation opportunities through moot court, trial practice, or clinics. I similarly encourage associates to maintain a pro bono practice because, in addition to providing much needed representation, pro bono cases can be a wonderful opportunity to have direct client contact and do oral arguments.

Leigh: I recommend focusing on the basic legal skills of legal research, writing, and critical thinking. With respect to law school classes, I think the most important are the basic classes like Environmental Law, Administrative Law, Civil Procedure, Corporations, Contracts, Evidence, and Federal Courts. I also always advocate for law students to take as many experiential classes or opportunities as possible, whether that be clinic, moot court, trial advocacy, internships/externships, etc. I have found that getting experience in the practice of environmental law, and law in general, is the best way to prepare for practice.

What is the most challenging aspect of practicing in this area?

Kaitlyn: Environmental law is dynamic and constantly changes—particularly at the state level. There are also issues companies grapple with, such as ESG considerations, that can impact what a client wants to do. We are often called upon to analyze complex legal and policy considerations to assist clients with making business decisions.

Leigh: I think the most challenging aspect is that environmental law covers such a broad range of topics and practice areas that I’m constantly learning something new and coming across new and ever-changing challenges and situations. Similarly, work on a single environmental matter often requires in-depth knowledge of a variety of practice areas, such as contract law, constitutional law, corporations, land use law, and more.

What do you like best about your practice area?

Kaitlyn: Environmental law is remarkably broad, and I enjoy the challenge of learning new things as I work on different cases. Through this job, I not only work under and learn about various statutory schemes, but I also learn about our clients’ diverse businesses.

Leigh: The very same things that make this practice area challenging are the things that make me enjoy it best. I love variety and a constant challenge. I am constantly learning new things and experiencing new challenges that require me to think creatively and leverage a wide range of knowledge and prior experiences.

What misconceptions exist about your practice area?

One of the biggest misconceptions we have experienced is the assumption that environmental law is a very small field, focusing primarily around defending individuals or small groups against major corporations. In reality, we find that the environmental law field—and other areas of law and business that touch environmental issues, such as product regulation, worker health and safety, international treaties, human rights, and others—is huge and expanding. Both the topics within environmental law and the types of work environmental lawyers take on (e.g., litigation, compliance counseling, mediation, etc.) are greatly varied. There are so many types of cases that are not what one might consider a “typical” environmental law case and yet involve “environmental law” in one or a multitude of ways.

What kinds of experience can summer associates gain at this practice area at your firm?

Kaitlyn: B&D strives to give summer associates a realistic picture of what it would be like to be an associate at our firm. Litigation assignments vary and can range from researching matters to assist with preparing pleadings or briefs, assisting with preparation for expert depositions, or identifying documents to assist with supporting various claims or defenses. Of course, full-time associates will remain involved with litigation for more than a few weeks.

Leigh: Summer associates get an accurate snapshot of what life as a junior associate is like at B&D. I think the biggest differences between my experiences as a summer and my experiences as a junior associate were the length of time I had to complete assignments and the fact that as a summer associate, assignments were framed with a limited scope in mind. The actual tasks I completed and the way I was included on litigation and regulatory teams was very similar to what I experienced when I returned as an associate.

Kaitlyn Shannon is a shareholder in B&D’s San Francisco office. She received her B.A. from Elon University and J.D. from Boston College Law School. Before joining B&D, she worked at two other law firms practicing general litigation. Kaitlyn is the co-chair of the Recruiting Committee.

Leigh Barton is a third-year associate in B&D’s Washington, DC, office. Before joining B&D, she received her J.D. from the Georgetown University Law Center and externed at the U.S. Department of Justice and the Environmental Law Institute. Before law school, she taught ninth-grade Algebra I in Jackson, Mississippi, as a Teach for America Corps Member. She maintains an active pro bono practice assisting minors in obtaining Special Immigrant Juvenile Status and their green cards. She also serves as the co-deputy of the firm’s Pro Bono Committee and sits on both the Recruiting Committee and the Diversity, Equity & Inclusion Committee.

Describe your practice area and what it entails.

The environmental practice area is a dynamic practice that has litigation, transactional, and restructuring elements. We focus on environmental risks while assisting firms in buying and selling businesses, and we advise on environmental regulatory compliance and enforcement issues, which can all have significant implications for deals, litigation, and restructuring scenarios.

What types of clients do you represent?

We represent the largest and most complex clients, including private equity firms, portfolio companies, privately held companies, and publicly traded companies. Our representations are industry agnostic, with clients involved in multiple industry sectors, including energy and resources, mining, oil and gas, aggregates, chemicals manufacturing, consumer products, and electric power.

What types of cases/deals do you work on?

I handle a wide variety of matters, including regulatory compliance advice on contamination issues, waste and chemicals management, and emerging contaminants, as well as audits, disclosures, and enforcement response. I also provide environmental guidance and expertise in transactional, litigation, and restructuring contexts. Part of my practice involves monitoring changes in regulations and guidance in evolving areas, and I frequently brief clients on what these changes will mean for their businesses.

How did you choose this practice area?

I began my career as a litigator, but quickly realized that I enjoyed the regulatory compliance aspects of my practice the most—figuring out how to practically solve businesses’ problems and compliance issues outside of the litigation context. When the opportunity to join an environmental compliance practice arose, I jumped at the chance. I enjoy being a part of a niche group at a large firm.

What is a typical day like and/or what are some common tasks you perform?

Every day is different, with a good balance of client calls, internal team meetings, brainstorms, and researching and writing to deliver advice in a concise, practical manner for our clients.

What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?

Take advantage of any and all resources available, including those provided by the Environmental Law Institute, to get a crash course in foundational environmental law topics and changing agency priorities.

What is unique about your practice area at your firm?

Our practice area provides top-of-the-market transactional training, as well as opportunities to counsel clients on environmental regulatory compliance issues that can be critical in litigation, as well as in the restructuring context. Our practice area also provides an opportunity to learn from and grow with a smaller group of lawyers (25+ environmental-focused attorneys) within a large firm, focusing on cutting-edge matters with incredibly sophisticated clients.

What kinds of experience can summer associates gain at this practice area at your firm?

Our summer associates work on the same projects that more seasoned attorneys work on, giving them a real sense of the transactional, regulatory, and other work that we do. They participate in substantive work, such as joining management calls on deals, conducting due diligence, drafting memos, and doing thorough research to develop advice and strategies for clients, which gives them early exposure they wouldn’t quite get elsewhere.

What are some typical career paths for lawyers in this practice area?

Lawyers in this practice area can pursue successful careers in private practice or transition to the public sector to work at federal or state environmental agencies. There are also opportunities in-house at companies with environmental compliance issues.

How do you balance the different hats (from litigation to transactional work to regulatory matters) that an environmental lawyer must wear?

Balancing different hats and working with various groups within the firm is one of the most rewarding and interesting parts of the job. This aspect provides a constant variety and the experience of looking at a particular rule or problem from different perspectives depending on the client need. An environmental lawyer needs a strong core foundation in the major environmental statutes and rules. Getting to apply that knowledge in different postures and contexts, and with real-world business applications and experience, is both challenging and fun!

Emily Tabak, Partner—Environmental Transactions (2023)

Emily Tabak is an environmental partner in Kirkland’s Salt Lake City office. Emily identifies strategic solutions in environmental regulatory compliance, with extensive experience navigating regulatory, permitting, and liability issues involving waste, chemicals, site remediation, and water and air quality. Prior to joining Kirkland, Emily practiced in the New York area, advising clients on environmental issues and assisting with high-profile litigation and bankruptcy proceedings. Emily served as a judicial clerk to the Honorable Robert Kirsch on The Superior Court of New Jersey and received her J.D. from New York University School of Law.