Lawrence W. Diamond practices in the areas of environmental law and litigation, including internal corporate investigations. His substantively and geographically diverse environmental practice, extending almost 30 years and in many states and federal districts, has encompassed the defense of numerous enforcement proceedings and ongoing advice to clients as to their rights and obligations relating to compliance and permitting issues and business transactions.

Mr. Diamond's strategic approach to each matter is always calculated with the client's business goals in mind. He has led and managed many client/counsel teams to successful resolutions of multifaceted problems, often in the face of potential exposures in the tens and hundreds of millions of dollars under, e.g., the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, CERCLA and state equivalents.

As chairman of the firm's Puerto Rico Practice Group, Mr. Diamond is admitted in the United States District Court for the District of Puerto Rico and has over 20 years experience representing clients on federal environmental matters in Puerto Rico. He also is leading the firm's growing Cuba Initiative to assist companies to participate in that emerging market under exemptions to the U.S. trade embargo.

Mr. Diamond served in the Region II Office of the United States Environmental Protection Agency (USEPA) for eight years. He completed his tenure at USEPA as the chief of the New York/Caribbean Superfund Branch.

Mr. Diamond is a former chair of the Environmental Law Section of the New Jersey Bar Association and is a member of the American Bar Association's Section of Environment, Energy and Resources, the New Jersey State and New York State bar associations and the New York County Lawyers Association. He has lectured and written on such topics as surviving government inspections, Clean Water Act permitting and enforcement, modifying Superfund remedies and compliance with EPA regulations covering ozone-depleting compounds. He is listed in Chambers USA: America's Leading Lawyers for Business, 2007 and 2008 editions.

Admitted to practice in New Jersey and New York, he graduated from Brooklyn Law School and Colgate University.

Representative Matters

Lead counsel to energy company in resolving parallel proceedings in the aftermath of the release of 275,000 gallons of highly acidic wastewater into a wetlands, causing extensive environmental damage. EPA initiated a massive administrative investigation including an information request setting forth hundreds of questions. At the same time, three individual plant managers and the company were targets of the federal criminal investigation potentially resulting in numerous felony indictments under several environmental statutes. Following grand jury testimony, our internal investigation and DOJ/EPA/FBI interviews of approximately 30 company and expert witnesses conducted cooperatively and in the presence of counsel, the company pled to a single misdemeanor and charges were not levied against any of the individuals.
Directed several internal investigations of reported excursions under the Clean Air Act, involving hazardous air pollutants and opacity.
Counsel to aggregate and building materials company with respect to air and water compliance issues at its quarries in three states.
Counseled a specialty chemical company regarding air toxics emissions and permitting issues following industrial accidents at two of its facilities, one of which resulted in a fatality. The company committed to extensive changes in its operations, and hired experienced personnel dedicated to maintaining compliance with environmental, health and safety requirements.
Clean Air Act opacity excursions resulted in a probation revocation proceeding against our client. Working closely with the client's legal, technical and management personnel, assisted in the design of a monitoring and compliance program, including scrupulous maintenance protocols. This program was negotiated with USDOJ and the state environmental agency and incorporated into new requirements of probation. The client adhered to the program, and our motion for termination of probation was granted.
Represented Fortune 5 company in the defense of several Clean Water Act investigations and enforcement actions in Puerto Rico and the Virgin Islands. One of these cases concerned allegations of hundreds of NPDES permit violations due to inadequate waste water treatment, another was triggered by allegations of storm water violations occurring in the context of a CERCLA cleanup, and a third was occasioned by an unpermitted ocean discharge that escaped otherwise vigilant due diligence conducted when the company was consummating a transaction involving several facilities on different Caribbean islands. All of these cases were resolved to the satisfaction of the client: 1. Tens of millions in asserted penalties were reduced to a figure of under a half million; 2. 80 percent of the alleged violations were rescinded and no penalties assessed; 3. Voluntary disclosure under EPA's Audit Policy first resulted in a negative determination, but on appeal EPA reversed itself and granted 100 percent penalty relief.
Compliance counseling of concrete manufacturer under Pennsylvania law with respect to storm water and solid waste issues.
Common counsel to PRP group at Pennsylvania Superfund site. EPA's proposed plan to remediate the site included a $7.5 million groundwater remedy. Lead negotiations that yielded total elimination of the groundwater component of the remedy.
Negotiated rescission of an EPA CERCLA Record of Decision that would have utilized innovative treatment technology that the client believed was unlikely to succeed and that would have required the use of a significant proportion of the entire world's supply of iodine. The end result was that mercury contaminated soil was excavated and land disposed in an appropriate repository, and the cost of the remedy was reduced from an estimated $13.5 million to just over $3 million. The site was then delisted.
An EPA information request followed by an internal whistleblower complaint precipitated an internal investigation into allegations of releases of methylene chloride exceeding air permit limitations coupled with company failures to correct the deficiencies. We managed to defuse the concerns of the whistleblower and to put the company on a compliance path, accompanied by reports to the NJDEP of all exceedances and remedial steps being taken. No charges were brought.
Based on a "hot line" report of intentional releases of refrigerants containing CFCs and HCFCs due to failures to properly maintain equipment, in violation of EPA regulations, as well as allegations that related records had been altered, we conducted an extensive internal investigation for an international pharmaceutical company. The whistleblower complained directly to the EPA, and EPA/DOJ initiated civil and criminal investigations. We convinced the government to postpone empanelling a grand jury in exchange for access to company records and employee witnesses under our supervision. Following months of interviews the government terminated both investigations: No criminal charges were brought, nor were any civil or administrative penalties sought.
EPA issued a draft Part B RCRA permit containing overly stringent terms that would have required the company to commit to a huge investment and also would have created overlapping and inconsistent responsibilities to EPA and the NJDEP. Working closely with company personnel, prepared and submitted comprehensive comments setting forth legal and technical arguments for retraction or modification of the terms of the draft permit. EPA never issued the permit, and the client proceeded to conduct the necessary cleanup solely under state authority.

Professional Activities

American Bar Association
- Section of Environment, Energy and Resources
New Jersey State Bar Association
- Environmental Law Section
-- Chairman, 1995-1996
-- Officer and Director, 1992-1996
New York State Bar Association
- Environmental Law Section
New York County Lawyers Association

Admissions

New York
New Jersey
U.S. District Court for the District of Puerto Rico
United States District Court for the Eastern and Southern Districts of New York
United States District Court for the District of New Jersey
United States Court of Appeals for the First Circuit
Supreme Court of New Jersey
Supreme Court of New York

Education

Brooklyn Law School, J.D., 1978
Colgate University, B.A., 1971

Experience

Duane Morris LLP
- Partner, 1999-present
Hannoch Weisman. P.C., Roseland, New Jersey
- Partner, 1989-1999
- Associate, 1986-1989
United States Environmental Protection Agency
- Chief, New York/Caribbean Superfund Branch

Honors and Awards

Listed in Chambers USA: America's Leading Lawyers for Business, 2007 and 2008 editions

Selected Speaking Engagements

Speaker, "Anatomy of a Successful Superfund Negotiation: Juan Diaz Remedy Modification," General Electric's in-house environmental attorneys, Puerto Rico, March 30, 2000