Samuel B. Boxerman

Environmental Enforcement/Regulatory

Sam’s representative matters have spanned major sectors of the economy and emerging issues, including:

• Automotive sector – Representing clients in enforcement matters under Title II of the Clean Air Act, including Clean Air Act 208 information requests to aftermarket parts manufacturers and distributors, engine and vehicle import matters, and an off-road engine recall, as well as confidential internal investigations.
• E-commerce – Representing client in enforcement matter under the Clean Air Act and FIFRA, including related Clean Air Act information requests.
• Electric utilities – Represented electric utilities in defense of EPA enforcement actions at power plants across multiple states, including extensive Clean Air Act 114 investigations, discovery, and multiple federal trials.
• CCRs — Defending client in EPA investigation, information gathering and enforcement under RCRA, Clean Air Act, Clean Water Act, and CERCLA arising out of production, storage, use and disposal of CCRs.
• Carbon black — Represented manufacturer in EPA investigation, information gathering and negotiated resolution of claims alleging Clean Air Act violations and in related consent decree implementation matters.
• Less than Truckload sector — Represented client in defending against EPA RCRA investigation, leading to administrative resolution of claims across multiple states and EPA regions.
• Manufacturing – Defending foundry in enforcement litigation under the Clean Air Act, alleging violations of Title V permit and associated state and federal regulations.
• Meat and Poultry — Assisted meat processor with responding to EPA investigation, defended resulting litigation and negotiated consent decree, and representing egg producer in CAA enforcement investigation.
• Midstream natural gas sector – Representing trade association in agency rulemakings and related federal court litigation.
• Multiple industry sectors – Representing individual clients, ad hoc coalitions, and national trade associations, in agency rulemakings and related litigation in federal court concerning questions of environmental, administrative and constitutional law under the Clean Air Act, RCRA, CERCLA, and TSCA.
• PFAS – Advising clients on emerging regulatory matters related to the legacy use of PFAS, including assisting with litigation defense for large chemical manufacturer.
• Landfills — Won dismissal of RCRA 7002 citizen suit/state law tort suit brought against landfill by neighboring landowner, and defended landfill owner’s novel use of recycled materials as cover material.

International Arbitrations

Sam has represented sovereign and private clients in multiple international arbitration hearings:

• Successfully defended respondent government in US$500 million arbitration involving the investor’s plan to develop a coal mine and construct a coal-fired power plant.
• Successfully represented investor in US$300 million arbitration involving the operation of a water concession.
• Successfully represented respondent government client in multi-billion dollar arbitration involving the investor’s alleged plan to develop a new city.
• Representing investor in US$6 billion dollar arbitration arising out of government respondent’s interference with the client’s sale of a financial institution.
• Representing investor in US$250 million arbitration arising out of government respondent’s interference with client’s implementation of lease of heating and electricity generating assets.