Jeffrey N. Hurwitz

In clean air matters, Jeffrey represents clients in state and federal enforcement actions, corporate transactions, New Source Review matters, and Title V permitting. He counsels clients targeted under EPA’s New Source Review and hazardous air pollutant enforcement initiatives, and in the area of emission reductions banking and trading programs.

Jeffrey represented E.I. du Pont de Nemours and Company in its defense of a complex post-acquisition indemnification lawsuit asserted by INVISTA, which sought more than $800 million of damages concerning more than 60 environmental, health and safety, and commercial indemnity claims at former DuPont facilities. He provided critical litigation support to the DuPont defense team on the complex clean air New Source Review, hazardous air pollutant, and flare regulatory claims brought by INVISTA. After three weeks of trial, the parties resolved the lawsuit on mutually agreeable terms.  

In the chemical regulatory area, Jeffrey provides advice on Toxic Substances Control Act (TSCA) issues, including the premanufacture notice process, import and export, substantial risk information reporting, and exemptions from TSCA regulatory requirements. He assists companies in complex voluntary disclosures under the EPA’s audit policy involving chemical regulatory issues under TSCA, the Emergency Planning and Community Right-to-Know Act, and federal pesticide laws. 

Jeffrey also counsels clients on issues pertaining to hazardous and solid waste and related enforcement issues, including complex regulatory analysis regarding exclusions from hazardous waste regulation.

In addition, Jeffrey represents clients in the defense of civil and criminal enforcement actions brought under the Clean Water Act’s pretreatment program governing the discharge of industrial wastes to publicly owned treatment works, and counsels clients on general pretreatment and Clean Water Act issues.