Dan Steinway advises major corporate entities and trade organizations on all facets of civil and criminal environmental law. He provides representation in all aspects of environmental and health and safety (EH&S) litigation arising under federal and state statutes and common law causes of action. As part of his EH&S litigation practice, Mr. Steinway has managed the defense of multiparty litigations involving environmental and industrial hygiene issues and represented corporate defendants in a wide range of civil and criminal environmental and health and safety enforcement actions brought by both federal and state governmental agencies.
Alongside his EH&S litigation work, Mr. Steinway is actively involved in providing legislative/regulatory counseling to corporate clients, trade associations, business and professional organizations and various governmental entities on EH&S matters arising under international, federal, state and local laws and regulations. These matters include a broad range of federal and international legislative/statutory issues and directives relating to general environmental and occupational safety and hygiene, including but not limited to water pollution, solid and hazardous wastes, toxic substances and chemical use, management and handling, pesticides, renewable energy, biotechnology, endangered species, occupational standards and general EH&S management.
Mr. Steinway has been particularly active lately in a number of key federal energy/environmental legislative issues pending before the U.S. Congress, including issues relating to key aspects of climate change legislative proposals as well as substantial energy policy matters.
Finally, Mr. Steinway advises business entities on a broad range of EH&S matters arising in corporate transactions. His practice covers all aspects of the federal, state and local laws that may affect various types of corporate transactions including mergers, acquisitions and divestitures and the purchase and sale of real estate and industrial/commercial plant sites.
Mr. Steinway joined Baker Botts after serving as the chairman of the environmental practice group at Kelley Drye & Warren LLP for over ten years. He lectures at numerous conventions and seminars across the country and has authored many articles and chapters of legal treatises on EH&S matters. He is the monthly editor of the “Outside Perspective” environmental column for Corporate Counsel magazine and a contributing Washington editor for Pollution Engineering.
Publications, Speeches and Presentations
- Negotiation of the largest mixed funding settlement in the history of the Superfund program for a large multiparty group of companies, which also allowed for the recovery of attorney’s fees, the first time this has ever been allowed
- Counseling several multiparty groups of responsible parties on numerous changes for cleanup remedies and Record of Decision amendments under the Superfund program, saving companies millions of dollars
- Successful representation of numerous Fortune 500 companies on a wide range of cleanup cost recovery actions with significant cost implications, both in alternative dispute resolution and formal judicial proceedings, including successful recoveries from the federal government as a potential responsible party at various remediation sites
- Advising key trade organizations and energy companies on significant environmental regulatory proposals/requirements and legal liability matters affecting oil and gas exploration and production operations, including hydraulic fracturing and horizontal well-drilling
- Successful representation of major power producers in securing permit approvals and defending permit challenges in administrative and judicial proceedings
- Advising clients on the ramifications of key aspects of the federal climate change legislation such as carbon sequestration and storage regulatory policy
- Environmental regulatory experience in all facets of renewable energy (solar, wind, geothermal and resource recovery) projects
- Represented pipelines and other energy companies regarding legal/technical issues and regulatory compliance matters arising under environmental laws affecting onshore, coastal and offshore operations
- Counseled major international concerns on a broad range of environmental issues relating to the construction and operation of various infrastructure projects
- Advising numerous corporate concerns on chemical use, management, handling, notification and reporting obligations arising under the federal Toxic Substances Control Act and other international, federal and state regulatory authorities and representing major manufacturers and other clients in enforcement actions involving these laws
- Negotiation for a major Fortune 500 company of one of the first streamlined agreements for high-priority corrective action sites under the federal Resource Conservation and Recovery Act (RCRA) program, effectively streamlining the hazardous waste site cleanup process and reducing significant regulatory burdens
- Counseling numerous industrial entities on a wide range of RCRA regulatory matters
- Counseling numerous major Fortune 500 corporate clients in the successful implementation of ISO 14000 EMS and approval by third-party registrars
- Advising various corporate concerns including several electronics, telecommunications and manufacturing companies in successfully obtaining significant relief under the U.S. Environmental Protection Agency (and other state agencies) voluntary environmental auditing “amnesty” policy
- Representation of a major Fortune 500 company in the only environmental enforcement action ever brought by the EPA for sediment cleanup under the federal Clean Water Act civil penalty authorities
- Advising an industrial Fortune 500 company on a successful delisting from the applicable federal debarment list in one of the first delisting hearings ever held under the federal Clean Water Act
- Representation of several national trade associations on obtaining amendments to the federal Superfund law and clarifying their respective member company liabilities under this law
- Advising numerous companies on effective approaches for securing relief from cleanup requirements under federal law in accordance with new EPA regulatory guidance as part of the five-year review process
- Successful mediation of various contractual disputes involving the sale and purchase of contaminated facilities among large corporate industrial concerns
- Representation as group common counsel in various Superfund cleanup actions at complex contaminated sites
- Advising key trade associations on the adoption of important legislative amendments to the permitting procedures under the federal environmental laws for major energy projects
- Advising the Republic of Cameroon as part of a World Bank project on the adoption of its environmental regulations for the petroleum sector
Awards & Community
Recognized as a Washington D.C. Super Lawyer, 2013, 2014, 2015 & 2017
Listed in The Best Lawyers in America (Woodward White, Inc.), 2013-2015