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Rulemaking

Practices

  • Environmental Justice

For many of our clients, their day-to-day business is closely monitored, regulated, and ultimately affected by an enormous, highly complex body of environmental regulation. Because Liskow is so deeply embedded in the real-world operational impact of these rules, we are a leader in helping clients shape rulemaking proceedings, including petitions for review of final agency regulations. Our experience and relationships give us the firsthand knowledge needed to participate in the development of the regulations that are the framework for our enterprises.

Overview

Our participation in the rulemaking process can take different forms, depending on what’s required. We often work with industry trade associations, and may provide data to agencies for them to analyze and use to devise rules. We may give them information about client processes and controls – which work and which don’t – and in the case of modification of extant rules, provide them with guidance as to which work and which don’t, and what can be improved. The relationship between regulator and the regulated is, ultimately, a dynamic partnership and in the rulemaking process, we work with both.

We’ve seen it before

As a form of administrative law, rulemaking is highly specialized – perhaps even arcane. It’s typically not well understood by litigators, or transactional lawyers, or attorneys from large, national firms without a close connection to a particular industry. The latter, in particular, may have relationships with the regulatory agencies, such as the EPA, but lack the hands-on knowledge, the in-the-weeds familiarity, to effectively engage in the actual rulemaking process. That intimate understanding of the real-world impact of administrative rules, makes us unique, and uniquely qualified, to influence them.

Detail-oriented collaboration

Our approach relies on a combination of being highly collaborative and extremely detail-oriented and systematic. With respect to the former, we often work with other firms, companies, and clients, sometimes assembling a kind of virtual firm where we can contribute knowledge in fields where we have particular expertise. We combine this with an extremely detailed grasp of regulations which can sometimes be hundreds of pages long and whose impact can turn on a single word.

Helping clients manage change

Frequently, the Liskow team is involved with a rule from the beginning. We also help our clients anticipate, and shape, the form and content of upcoming rules, particularly in new or rapidly-evolving industries. For example, we have experience in carbon capture rulemaking, related to both on- and offshore projects. For another, we advise several clients in the application of environmental, social, and governance principles by the Securities and Exchange Commission. We are a leader in helping clients navigate rapidly-changing issues and ensuring that in a complex, high-stakes process, their voices are heard. And listened to.

Notable Experience

  • We represent the leading trade association for carbon black, an essential ingredient in tires, rubber, and plastic products, printing inks and coatings. In this role, we worked closely with the EPA on the Risk and Technology Review for carbon black. We assisted in the promulgation and subsequent risk review of hazardous air pollutant control technology rulemaking for the industry.
  • We also represent clients with the development of water discharge permits for offshore oil production facilities under the National Pollutant Discharge Elimination System (NPDES). We have advised clients on this regulatory scheme since the first iteration of the general permit, and periodically ever since when the EPA wants to gather data to adapt to changes in technology or business conditions.

We are known for these strengths

  • Advising clients on the potential impacts of proposed agency rulemakings on their businesses
  • Assisting clients in preparing comments on proposed rulemakings
  • Preparation of judicial challenges to agency rulemakings
  • Deep knowledge of the clients’ industries that allows us to shape agency actions to fit their businesses
  • A uniquely long history with certain rules that results in understanding the nuances in and applications of those rules
Liskow & Lewis have skilled and knowledgeable representatives that are top experts in their fields who can apply their expertise in a proficient and insightful way to the advantage of their clients.
Best Lawyers Client Comment
Environmental Law, 2019

Initial Contacts

  • Greg Johnson
    gljohnson@liskow.com
    504.556.4115504.556.4115
  • Lou Buatt
    lbuatt@liskow.com
    337.267.2343337.267.2343
  • Clare Bienvenu
    cbienvenu@liskow.com
    504.556.4128504.556.4128

Our Team

Shareholders

  • Media item displaying: Clare M. Bienvenu

    Clare M. Bienvenu

    Shareholder

    New Orleans
    504.556.4128504.556.4128
    995
  • Media item displaying: Lou E. Buatt

    Lou E. Buatt

    Shareholder

    Lafayette
    337.267.2343337.267.2343
    995
  • Media item displaying: Greg L. Johnson

    Greg L. Johnson

    Shareholder

    New Orleans
    504.556.4115504.556.4115
    995
  • Media item displaying: Amy Allums Lee

    Amy Allums Lee

    Shareholder

    Lafayette
    337.267.2366337.267.2366
    995

Associates

  • Media item displaying: Emily von Qualen

    Emily von Qualen

    Associate

    New Orleans
    504.556.4129504.556.4129
    995
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