Regulatory Litigation &
Enforcement Defense

Whether responding to an agency investigation, defending an enforcement action, or challenging a regulation in court, Verdant Law helps clients navigate high-stakes regulatory disputes.

Verdant attorneys have successfully challenged permits and regulations under the CAA, CWA, TSCA, RCRA, the OSH Act, and other federal statutes before federal courts and administrative tribunals. We conduct internal investigations and compliance audits, represent clients responding to agency investigations and information requests, and negotiate data compensation agreements and other regulatory resolutions. We also defend clients in enforcement matters brought by federal agencies, including EPA, as well as state and local environmental departments.

Our litigation practice draws on the deep substantive knowledge we bring to every matter—the same understanding of underlying science, agency practice, and regulatory history that informs our counseling work. When regulatory expertise and litigation strategy are fully integrated, clients benefit from more coherent positions and more effective advocacy, whether in settlement negotiations, administrative proceedings, or federal court.

Representative pending litigation matters in which Verdant attorneys are counsel include:

Diamond Vogel, Inc. v. New Mexico Environmental Improvement Board, No. A-1-CA-43483 (N.M. Ct. App., filed May 22, 2026) (PFAS labeling requirements for consumer products); and

Coalition for Fair Aerosol Regulation v. EPA, No. 25-1094 (D.C. Cir., filed March 18, 2025) (compliance deadlines for updated Aerosol Coatings National VOC Emission Standards).

A partial list of federal court opinions in which Verdant attorneys are listed as counsel includes:

Okla. Dep’t of Envtl. Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014) (air quality NSR rules for tribal lands);

Kennecott Greens Creek Mining Co. v. MSHA, 476 F.3d 946 (D.C. Cir. 2007) (MSHA diesel standards);

Chamber of Argentine-Paraguayan Producers of Quebracho Extract v. Holder, 332 F.Supp 43 (D.D.C. 2004) (enjoining National Defense Stockpile sales); aff’d, 2006 U.S. App. Lexis 32399 (D.C. Cir. May 19, 2006);

Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (CWA jurisdiction); and

American Water Works Assn. v. EPA, 40 F.3d 1266 (D.C. Cir. 2000) (lead drinking water standard).

To learn more about our regulatory litigation and enforcement defense experience, please email info@verdantlaw.com or call +1 202-828-1233.

RECENT HIGHLIGHTS

Secured VOC Deadline Delay

Through litigation before the D.C. Circuit, obtained delayed compliance deadlines for EPA’s 2025 updates to the National VOC Emission Standards for Aerosol Coatings.

PFAS Labeling Litigation

Litigating against New Mexico’s PFAS labeling rule on behalf of a domestic consumer products manufacturer.

No-Penalty RCRA Resolution

Secured a no-penalty resolution for an LQG facing seven alleged RCRA violations.

CWA Pretreatment Appeal

Appealing an alleged CWA pretreatment violation for a manufacturing facility.

TSCA Inspection & Reduced Penalty Settlement

Guided a silicone technologies manufacturer through an EPA TSCA inspection — including preparing responses to inspector questions and negotiating follow-up actions — and settled the sole alleged TSCA § 5 violation for one-tenth of its estimated penalty exposure.

South Coast AQMD NOV Defense

Defending against South Coast AQMD NOVs alleging violations of VOC rules filed against a manufacturer and a downstream distributor.

FIFRA Data Compensation Settlement

Settled a FIFRA data compensation claim by the primary registrant on behalf of a follow-on registrant.

FTC Green Marketing Defense

Defended two companies against FTC investigations into their green marketing claims.

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