Joseph A. Eisert

• Outside counsel for industrial company's global workplace safety assessment involving hundreds of locations, numerous PSM facilities, and a safety culture assessment.
• Incident response counsel for numerous industrial, refinery, and offshore incidents.
• Conducted PSM, RMP, and emergency response assessments for multiple companies in the U.S. and abroad.
• Resolved enforcement actions, related litigation, and claims totaling over $880 million brought by EPA, CARB, DOJ, the California Attorney General and others in connection with the importation and sale of diesel vehicles allegedly in violation of environmental laws.
• Resolved numerous State Attorney General environmental and consumer protection claims totaling over $1 billion in connection with the importation and sale of diesel vehicles allegedly in violation of environmental laws.
• Resolved DOJ and EPA enforcement matter for alleged violations of the Clean Air Act by a major chemical manufacturing facility with no civil penalty or injunctive relief imposed.
• Advised clients on numerous transactions involving manufacturing, energy, retail and consumer products.
• Successfully represented an industrial trade association in an eight-year-long RTR rulemaking by the EPA that resulted in economically and technically feasible final rules for manufacturing facilities.
• Representing numerous vehicle manufacturers in EPA, ARB, and state regulatory investigations, enforcement actions, and related litigation.
• Providing clients environmental support for corporate transactions, including coordinating environmental due diligence, supervising consultants and technical experts, counseling clients on liability and risk allocation issues, and drafting and negotiating contract language. Several years corporate transactional experience ranging from company formation to private and public M&A, asset deals, and securities offerings.
• Represented BP in defense of civil litigation brought by the DOJ and others seeking recovery from BP for injury, costs and environmental civil penalties attributable to the Deepwater Horizon incident in the Gulf of Mexico.
• Represented a client in multiyear investigation and litigation by State Attorney General involving inquiry into core business practices and assertions of multi-billion dollar liability and five consumer class actions raising similar claims.
• Representing a trade association in rulemakings and counseling on various environmental, health, and safety matters, including climate change regulation, MACT rulemakings, PM2.5 NAAQS, New Source Review and OSHA rulemakings.
• Represented pro bono multiple veterans at the U.S. Court of Appeals for Veterans Claims.

Joe Eisert has worked on high-stakes environmental, workplace safety, and product safety matters for over 20 years. A partner in our Environmental, Health and Safety practice, Joe represents clients on a wide range of enforcement, litigation, incident response, transactional and compliance matters. His strong technical background and broad experience enable him to effectively represent clients in a variety of matters.

Joe counsels clients in environmental and product safety enforcement, litigation, transactional support, and counseling matters relating to the Environmental Protection Agency (EPA), the California Air Resources Board (ARB), the Occupational Safety and Health Administration (OSHA), and the Consumer Product Safety Commission (CPSC), as well as state and international regulatory bodies and state attorneys general.

He also represents clients in corporate transactions, compliance counseling, rulemakings, enforcement actions and related litigation involving emissions from stationary and mobile sources, climate change regulation and other environmental matters.

In the area of product safety, Joe works with clients on compliance counseling, rulemakings, recalls and recall avoidance, investigations, penalty cases and related litigation concerning a variety of consumer and commercial products.

Joe has been recognized by Legal 500 in multiple areas, including environmental and products liability.

Joe was a member of the Law360 Environmental Editorial Advisory Board for 2011–2013.