Benjamin E. Tannen
BENJAMIN TANNEN, an associate in the Environmental practice group, represents clients in regulatory environmental matters and in civil and criminal environmental enforcement involving the Clean Water Act, Clean Air Act and other major federal environmental statutes and related state laws.
Representative matters include:
- Clean Water Act: Represented a large electric utility in a federal criminal investigation into discharges from coal ash basins and NPDES permit violations and in negotiating an administrative agreement with EPA to avoid federal contract debarment;
- Clean Water Act: Conducted research for an electric utility as it negotiated an administrative agreement with EPA concerning stormwater;
- Clean Air Act: Assisted an electric utility in the preparation of its response to an EPA information request;
- Clean Air Act: Represents a petroleum refinery in a federal criminal investigation into alleged Clean Air Act violations; and
- Clean Air Act and Resource Conservation and Recovery Act: Represented former owner of a chemical plant in civil settlement of statutory, regulatory, and permit violations.
Ben is one of the authors of The Sidley Shale and Hydraulic Fracturing Report, which provides updates on the fast moving legal developments related to this emerging energy resource. Additional publications include:
- “Supreme Court Observations: U. S. Army Corps of Engineers v. Hawkes, Co.,” The Legal Pulse, (June 7, 2016)
- “Bureau of Land Management Proposes Rule on Oil/Gas Production on Federal Land,” The Legal Pulse, (January 25, 2016)
- “District Court Enjoins Department of Interior Rule on Hydraulic Fracturing on Federal and Indian Lands,” The Legal Pulse, (October 5, 2015)
- “Supreme Court Observations: Michigan v. EPA,” The Legal Pulse, (June 30, 2015)
- “Ohio Court Embraces Use of Federal Solid Waste Disposal Law to Regulate Air Emissions,” The Legal Pulse, (April 10, 2015)
- “Mora County and Denton: Constitutional Challenges to Hydraulic Fracturing Bans,” Pratt's Energy Law Report, (March 2015)
- “EPA Seeks Input on Regulating Hydraulic Fracturing Fluids under Toxic Substances Control Act,” The Legal Pulse, (May 15, 2014)
- Vice Chair, Environmental Enforcement and Crimes Committee, American Bar Association, Section of Environment, Energy, and Resources
- Member, New York State Bar Association, Environmental Law Section
- Member, D.C. Bar, Environment, Energy, and Natural Resources Section
Clean Water Act: Ben represented an environmental non-governmental organization in a citizen suit which resulted in the negotiation of a consent decree targeted at stopping unpermitted discharges of sewage to a tributary of the Potomac River.
- Speaker, “Groundwater Conflict in the 21st Century Panel: Does the Clean Water Act Regulate Discharges to Groundwater?,” American Bar Association’s 35th Water Law Conference (March 28, 2017)
- Speaker, with David Buente, “Civil and Criminal Enforcement,” Environmental Law Institute’s 25th Eastern Boot Camp on Environmental Law (November 3, 2016)