Samuel I. Gutter
SAMUEL I. GUTTER is a member of the Environmental group, where he focuses his practice on complex settlement negotiations, enforcement and regulatory litigation under CERCLA, RCRA, TSCA, the Clean Water Act and the Clean Air Act. Sam developed his environmental experience at the U.S. Environmental Protection Agency, where he served for eight years with the Offices of General Counsel, Enforcement and Federal Activities. His positions included lead staff attorney for Superfund matters, as well as for vehicle emissions, fuel economy and noise matters.
Sam is ranked in Chambers USA leading business lawyers (Environment) and is listed in the International Who’s Who of Environmental Lawyers, Best Lawyers and The Legal 500 Environmental Litigation. In 2015, The Best Lawyers in America recognized Sam as the Washington, D.C. “Lawyer of the Year” in Litigation – Environmental.
Selected Representation – CERCLA
- Upper Hudson River, NY – Representing client in all aspects of precedent-setting settlement and implementation of dredging remedy and development of floodplains remedy.
- Floodplains of the Upper Hudson River, NY – Representing client in ongoing development of RI/FS and remedy of PCBs in floodplains associated with deposition of PCBs from river.
- Housatonic River, MA – Representing client at major Superfund site involving remediation of PCBs at plant site and river, stemming from former manufacturing plant, including representing client in Brownfields redevelopment program.
- Hicksville, NY – Representing client in mediation of cost recovery against federal government under FUSRAP (Formerly Utilized Sites Remedial Action Program), resulting from government contract work in support of U.S. nuclear program.
- Windsor, CT – Represented client in mediating claims against United States resulting from remediation of uranium materials at former facility used to support the U.S. nuclear navy.
- Southeast Missouri Lead Belt – Representing integrated lead mining and production company in the potential resolution of CERCLA liability for response costs and natural resource damages related to 150 years of operations.
- Nassau, NY – Representing client in multi-party Superfund site involving sediment and groundwater remediation related to former mixed-waste landfill.
- Lincklaen, NY – Representing client in multi-party Superfund site involving soil and groundwater remediation from former solvent recycling operation.
- Church Rock, NM – Representing client at former uranium mine on Navajo trust land, involving complex remediation, litigation, and negotiations with U.S. EPA and Navajo Nation.
Selected Representation – Mobile Sources
- Represent manufacturers of vehicles, engines and nonroad products in nearly all industry segments on issues involving vehicle and engine emissions, fuels and fuel additives, and fuel economy.
- Represent manufacturers in many vehicle-related industry segments, including heavy-duty engines for use in line-haul and nonroad applications, short-haul vehicles and urban buses, marine engines, automobiles and light trucks, motorcycles, snowmobiles, ATVs, agricultural and construction equipment, mobile generators, and aircraft engines. Representation includes counseling, litigation, complex negotiations and resolution of enforcement proceedings, administrative petitions, and rulemaking comments.
- Represent a vehicle manufacturer on issues involving fuel economy testing and labeling issues.
- Represent a vehicle manufacturer on issues related to EPA-ordered compliance audit testing of engines.
- Represent an international marine shipping company in EPA compliance investigation of low-sulfur fuel requirements.
- Represent a motorcycle manufacturer in an EPA enforcement matter involving sale of aftermarket tuning devices.
- Represented a major diesel engine manufacturer in litigation and related proceedings in federal and California courts involving use of selective catalytic reduction (SCR) technology on diesel engines.
- Represented a major diesel engine manufacturer in the landmark Clean Air Act settlement with the federal government and California Air Resources Board involving so-called “defeat devices.”
- Represented and favorably resolved a protracted potential enforcement action involving compliance with U.S. EPA vehicle certification requirements.