Emily Tabak

Prior to joining Kirkland, Emily was involved in the following matters:

Chemicals and Toxics Compliance

• Advises on Toxic Substances Control Act (TSCA) regulatory developments, including manufacturing, importing, processing and distribution requirements for new and existing chemicals
• Counsels on TSCA Chemical Data Reporting (CDR) requirements for manufacturers and importers
• Manages disclosures and reporting related to auditing and releases under the Emergency Planning and Community Right-to-Know Act (EPCRA), including the Toxics Release Inventory (TRI) program
• Reviews draft legislation, regulatory proposals, and enforcement trends for existing and emerging chemicals, including updates related to perfluorinated compounds (PFAS)
• Advises on pesticides and pesticide devices and related requirements under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)

Waste Management and Site Contamination Issues

• Counsels on compliance with Resource Conservation and Recovery Act (RCRA) waste management, disposal and recycling regulations applicable to hazardous waste generators (Large, Small, and Very Small Quantity Generators), Transporters, and Treatment, Storage, and Disposal Facilities
• Analyzes rule proposal impacts, including Coal Combustion Residuals (CCR) issues, consulting on permitting, preparing submissions to federal and state authorities, and assisting with enforcement actions
• Advises on implementation of hazardous waste disposal, recycling, and emergency incident policies in multiple states, including preparation of company policies, inspection talking points, and employee training materials
• Counsels clients on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state corollaries regarding ongoing site remediation plans and issues arising out of agreements with state and federal regulators, site owners, and adjacent landowners
• Responds to internal and external information requests on behalf of clients with federal agencies and insurers
• Analyzes legacy contamination liability and options before and after site acquisitions
• Advises on notification and reporting requirements and enforcement actions

Water and Air Enforcement

• Responds to internal and external information requests and enforcement by federal and state agencies and insurers under the Clean Water Act (CWA) and Clean Air Act (CAA)
• Advises clients and negotiates with agencies regarding groundwater contamination, remediation and cost recovery efforts
• Manages internal audits, investigations, and disclosures
• Represents clients on proposed permit modifications in preparation for pre-application meetings with state agencies
• Advises clients regarding legal exposure to natural resource damages, regulatory requirements, and potential penalties related to discharges/releases

Client Results

• Represented mining clients in legacy contamination cleanup, counseling on related liability and compliance requirements
• Represented mining and chemical company in efforts to address legacy compliance issues related to waste management and water quality
• Represented major power plant in implementation of generator regulations and coal combustion residuals rule requirements
• Represented fuel supply and refining company in responding to oil spill, including in state and federal enforcement actions and insurance recovery
• Represented chemical and aluminum manufacturers negotiating Potentially Responsible Party status at Superfund sites
• Represented chemical manufacturer responding to insurer information requests related to citizen suits over PFAS found in groundwater and drinking water
• Obtained a beneficial use determination designation (solid waste definition exemption) for product used as fuel from state agency on behalf of aggregates manufacturer
• Represented defense contractor obtaining state agency utility construction permission prior to permit issuance and advising on waste permit compliance advisories, including negotiation of compliance orders involving Supplemental Environmental Projects
• Represented major cosmetics retailer (advising dozens of Very Small Quantity Generators) on RCRA regulations in multiple states, including implementation of new disposal and recycling policies

Holland & Hart LLP

K&L Gates LLP

Kramer Levin Naftalis & Frankel LLP