Experience
  • Clean Air Act
  • Representation of an international oil and natural gas company in connection with government investigations by EPA, OSHA, and CSB into multiple worker fatalities at an Ohio oil refinery and associated root cause analysis
  • Representation of a global upstream energy company in connection with government investigations by EPA and the Alaska Oil and Gas Conservation Commission into a natural gas release on the Alaska North Slope and associated root cause analysis
  • Representation of a Fortune 50 energy company in connection with federal civil and criminal investigations arising out of the Clean Air Act's risk management plan RAGAGEP provision, as well as the application of API standards and recommended practices; secured declination of criminal charges
  • Representation of a Fortune 50 energy company in connection with a federal criminal investigation arising out of the application of NSPS Subpart J to flaring operations at a California oil refinery
  • Representation of a Fortune 50 energy company in connection with federal and state civil, criminal and administrative investigations arising out of the application of NSPS Subpart Kb to alleged storage vessels at upstream production facilities in the Cook Inlet, Alaska
  • Representation of a Fortune 50 energy company in connection with a variety of Title V regulatory concerns affecting Alaska offshore drilling platforms
  • Representation of a Fortune 50 energy company in connection with the drafting of an incident response playbook for lawyers who may be called upon to respond to a fire, explosion, spill or other incidents
  • Representation of a global investment trading company in connection with a federal criminal investigation arising out of the application of NESHAP asbestos work practice standards to the renovation of a 450+ unit residential complex in St. Petersburg, Florida
  • Clean Water Act
  • Representation of a Fortune 50 energy company in connection with civil, criminal and administrative investigations by the U.S. Coast Guard, the California Department of Fish and Wildlife, and various state and local agencies into a pipeline release to waters from a California oil refinery and associated root cause analysis; secured declination of criminal charges
  • Representation of an offshore, midstream energy company in connection with an NTSB investigation arising out of a crude oil release from an underwater pipeline in the Gulf of Mexico
  • Representation of a pesticide chemicals formulating and packaging company in connection with a wastewater permit challenge in Iowa District Court for Lee County
  • Representation of leading industrial equipment rental company in connection with a Las Vegas-area local environmental investigation arising out of alleged oil discharges into a storm drain
  • Representation of one of the largest pipeline companies in the United States as standby incident response counsel, including in connection with multiple EPA, PHMSA, NTSB and state environmental investigations into releases from underground petroleum pipelines
  • Representation of one of the world's largest providers of wastewater management solutions in connection with a federal criminal investigation and prosecution arising out of a chlorine release. Served on the team that secured an across-the-board acquittal of a 26-count criminal indictment in United States v. United Water Services, Inc. (N.D. Ind. 2012)
  • Representation of a global leader in the manufacture and distribution of water treatment chemicals in connection with a post-Deepwater federal criminal investigation into alleged violations of the Clean Water Act on an offshore oil and gas platform in the Gulf of Mexico
  • Representation of a Fortune 200 leading processer and marketer of fresh pork and packaged meats in connection with a federal criminal investigation into allegations of unpermitted discharges of process wastewater. Provided advice and counsel in connection with the design and construction of a state-of-the-art wastewater treatment system and associated NPDES permitting concerns
  • Representation of a global leader in specialty chemicals in connection with federal civil and criminal investigations arising out of an alleged failure to operate pollution control equipment at a wastewater treatment facility
  • Representation of a leading lawn and garden manufacturer in connection with a pilot study relating to the design and construction of a wastewater treatment system and associated NPDES permitting concerns, including the applicability of the RCRA wastewater treatment unit exemption
  • Representation of one of the largest independent midstream energy companies in North America in connection with a federal criminal investigation into the alleged dumping of hazardous materials down a storm drain as part of a scheme involving the false production of biodiesel
  • Representation of a leading construction materials and services company in connection with a federal criminal investigation into stormwater management practices at multiple facilities located throughout the Northeast

Resource Conservation and Recovery Act

  • Representation of a leading credit and asset-based investor group in connection with an Ohio EPA investigation arising out of a tenant's abandonment of millions of pounds of hazardous electronic waste
  • Representation of a Fortune 500 natural gas utility in connection with a federal criminal investigation into the alleged release of a natural gas odorant
  • Representation of one of the world's largest integrated producers of polymers and fibers in connection with a federal criminal investigation into shipments of byproducts, co-products and co-products used as fuels
  • Representation of a leading lawn and garden manufacturer in connection with federal civil investigations at a pesticide chemical formulating and packaging facility
  • Representation of a global leader in the manufacture and distribution of water treatment chemicals in connection with a federal criminal investigation into the alleged storage of hazardous waste for more than 90 days without a permit
  • Comprehensive Environmental Response, Compensation and Liability Act
  • Representation of a Fortune 50 energy company in connection with the February 2023 Norfolk Southern freight train derailment in East Palestine, Ohio
  • Representation of a leading credit and asset-based investor group in connection with CERCLA litigation in Ohio federal court arising out of the abandonment of millions of pounds of hazardous electronic waste, securing over $16 million in cost recovery from over 50 potentially responsible parties in Garrison Southfield Park LLC v. Closed Loop Refining and Recovery, Inc., et al. (S.D. Ohio 2023)
  • Representation of one of the world’s largest automobile manufacturers in connection with threatened CERCLA litigation in Indiana arising out of metals recycling

Federal Insecticide, Fungicide and Rodenticide Act

  • Representation of a leading lawn and garden manufacturer in connection with the largest federal civil and criminal investigations in the history of the FIFRA program
  • Representation of a specialty chemical manufacturer in connection with FIFRA pesticide registration concerns

Maritime

  • Representation of a senior crew member of the F/V Pacific Breeze, a fishing vessel operating in the South Pacific, in connection with allegations arising under MARPOL and the Act to Prevent Pollution from Ships by failing to maintain an accurate Oil Record Book

Workplace Safety

  • Representation of one of the world’s largest natural resource companies in connection with a near-miss incident arising from a major fire at a U.S. zinc recycling facility
  • Representation of a Fortune 50 energy company in connection with civil, criminal and administrative investigations by the CSB and various state and local agencies into an explosion and fire at a California oil refinery
  • Representation of a Fortune 50 energy company in connection with a mechanical integrity review of fixed equipment inspection and maintenance programs for oil refineries located throughout the United States, Canada and South Africa
  • Representation of one of the largest independent midstream energy companies in North America in connection with a federal criminal investigation into an explosion and fire at a hazardous materials recycling center
  • Representation of one of the world's largest integrated producers of polymers and fibers in connection with an internal investigation into the OSHA recordability of alleged exposure to a chemical manufactured by less than 10 facilities in the world
  • Extended Producer Responsibility
  • Representation of a Fortune 500 company as lead regulatory counsel in connection with existing and proposed state EPR programs affecting paper and plastics packaging and lithium-ion batteries; assisted in public outreach and advocacy and provide consultation to state lobbying teams
  • Representation of a leading lawn and garden services provider in connection with existing and proposed state EPR programs affecting paper and plastic packaging and lithium-ion batteries and electronics waste laws
  • Representation of a pharmaceutical company and marketer of leading aesthetics brands and products in connection with existing and proposed state EPR laws affecting paper and plastics packaging
  • Representation of a Fortune 500 waste management services provider in connection with existing and proposed state EPR laws affecting paper and plastic packaging
  • Representation of an industry-leading manufacturer and marketer of specialty food products for retail and foodservice markets with nearly $2 billion in revenue in connection with state EPR laws affecting paper and plastic packaging and food serviceware
  • Representation of one of the world's largest retailers in connection with state battery takeback programs
  • Representation of major U.S. automakers in connection with existing and proposed EPR programs affecting electric vehicle batteries, including end-of-life, defective, and recalled batteries
  • Representation of a leading credit and asset-based investor group in connection with a state environmental investigation arising out of a tenant’s abandonment of millions of pounds of cathode ray tubes and related electronic waste collected pursuant to state EPR laws throughout the Midwest
  • Provide advice and counsel to several clients in multiple industries regarding environmental, social and governance policies, including in connection with potential greenwashing claims

Environmental Transactions

  • Representation of a Fortune 50 energy company in connection with the divestiture of $600 million in oil and gas assets subject to pending administrative, civil and criminal investigations
  • Representation of a global leader in specialty chemicals in connection with the divestiture of a specialty-batch chemical manufacturing facility subject to pending federal civil and criminal investigations
  • Representation of a leading lawn and garden manufacturer in connection with the potential acquisition of a fertilizer manufacturing facility
  • Representation of a leading lawn and garden manufacturer in connection with the divestiture of product lines subject to pending federal civil and criminal investigations
  • Representation of an aerospace conglomerate in connection with the provision of engineering consulting services to offshore oil and gas platforms
  • Representation of one of the largest pipeline companies in the United States in connection with multiple access and indemnity agreements, due diligence efforts, and real estate acquisitions
  • Representation of a commercial real estate investment firm in connection with a lender's request for an environmental opinion relating to a utility's obligations to remediate a transformer leak on the acquired property
Bio

Karl Heisler is a nationally-recognized environmental lawyer in enforcement defense. Karl has managed the legal fallout from a wide array of environmental and workplace safety incidents, ranging from fires and explosions to pipeline releases and the abandonment of hazardous waste. He has over two decades of experience responding to governmental investigations involving the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and the Occupational Safety and Health Act. He is a prolific speaker on environmental law and incident response.

Chambers USA distinguished Karl as "exceptionally proactive," with "strategic thinking" and "the ability to understand the complex and translate it." Legal 500 USA characterized him as a "true partner to his clients" and "highly strategic," with a "singular ability to clarify the inordinately opaque and confusing nature of environmental laws for the unanointed." Lawdragon recognized him as a "Leading Environmental Lawyer." Benchmark Litigation recognized him as having an "unparalleled ability to master the facts and an encyclopedic mastery of environmental law."  

As a respected thought leader, Karl is frequently called upon to comment, write or speak about environmental enforcement and incident response for publications and organizations including Law360, Thomson Reuters, Resource Recycling, Inc., American Fuel and Petrochemical Manufacturers, the American Bar Association, the Rocky Mountain Mineral Law Foundation, the Association of Corporate Counsel, Lawline, the Environmental Law Institute, the Practising Law Institute and the American Law Institute. He has written or spoken about managing the first 48 hours of an incident, incident response for public information officers, responding to hazardous waste abandonments, hurricane readiness and response, climate risk disclosure, environmental due diligence, the environmental aspects of commercial and real estate transactions, the design and implementation of environmental compliance programs, the regulation of electronic waste, cybersecurity in the energy and transportation sectors, evidence preservation, and preparing for a government inspection. He wrote the introductory chapter for Inside the Minds: Environmental Law Enforcement and Compliance, published by Thomson Reuters/Aspatore, and co-authored the chapter entitled "Environmental Criminal Enforcement: A Primer for the Real Estate Practitioner" in the Fifth Edition of Environmental Aspects of Real Estate and Commercial Transactions: Acquisitions, Development, and Liability Management, which is one of the ABA's most widely read publications.

Karl is a cutting-edge practitioner in extended producer responsibility laws extending to paper and plastic packaging, batteries, electronics recycling, and other product stewardship. His EPR clients include retail companies, pharmaceutical companies, food manufacturers, lawn and garden service providers, and waste management service providers. He also dedicates a significant portion of his practice to environmental transactions. He provides advice and counsel on environmental due diligence and the availability of transactional defenses, and he routinely negotiates representations, warranties, and indemnifications. He has assisted with the acquisitions and divestitures of several entities subject to government investigations arising out of environmental and workplace safety incidents. For over a decade, Karl has taught the environmental transactions course for the Environmental Law Institute, a leader in non-partisan research and environmental education.

His clients include public and private entities in the energy, chemical manufacturing, construction and waste management industries, as well as lenders, private equity and real estate firms with interests in these industries.

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