Situation In Organization The Assistant General Counsel – Environmental Law & Litigation, directly reports to Deputy General Counsel - Labor, Employment and Regulatory Affairs/Manager Ethics and Compliance for environmental function and matrix reports to Deputy General Counsel – Litigation and Intellectual Property for litigation function.
Job Dimensions This position has accountability for the following:
To provide federal and state environmental legal advice on CERCLA, RCRA Corrective Action and other remediation activities for multiple business units and plants.
To provide legal advice on environmental contracts and various types of contracts with environmental risk, and assist with environmental due diligence for business transactions.
To manage outside counsel and assist in setting strategy on environmental remediation matters, including CERCLA litigation, in the United States, Canada and Mexico.
To manage outside counsel, supervise litigation paralegals, and coordinate communication with insurance carriers, on toxic tort, product liability, asbestos, Superfund and other chemical exposure litigation matters.
Key Activities And Responsibilities Environmental Legal Matters
Provide legal advice on environmental contracts, including waste services contracts, access agreements and consultant contracts.
Manage legal issues and defense, and outside counsel as appropriate, for Superfund Sites, including allocation issues, information requests, PRP Group interactions, consent orders and settlements. Update Superfund Site environmental financial reserves.
Provide federal and state environmental legal services for remediation sites in multiple jurisdictions to HES Remediation.
Counsel management, including Executive Committee members, Manufacturing Directors, General Managers, Business Managers and Plant Managers of Arkema Inc. on environmental remediation legal issues.
Assist with environmental due diligence for business transactions and draft environmental provisions of various agreements.
Defend Company, manage outside counsel, and budget matters in toxic tort, products liability and chemical exposure litigation:
Advise the company’s business lawyers, intellectual property lawyers, and SBU managers facing
toxic tort and product liability litigation risks and pending litigation. Provide advice on strategic dispute resolution decisions, such as assessing risks and values of claims, positioning a matter for potential litigation, making offers to compromise, hiring outside counsel, and taking a matter to trial.
Substantive litigation areas handled directly by this position include personal injury matters (asbestos exposure, chemical exposure, toxic torts); environmental claims (CERCLA and RCRA, and other federal and state environmental statutes) and insurance coverage disputes. Litigation includes claims by individuals, corporate and governmental entities, by and against Arkema, Inc.
Context And Environment
Some U.S. Travel Expected (Approx. 10%)
Focuses on all federal and state environmental legal aspects of remediation and related business transactions within Arkema.
Manages various types of litigation, including litigation involving toxic torts, product liability, and other general litigation as needed.
Provides legal advice and has significant interaction with senior business unit leaders, including Management Committee members, Manufacturing Directors, General Managers, Business Managers, Plant Managers, and plant and corporate HES.
Provides consistent and efficient handling of CERCLA and RCRA Corrective Action and other remediation matters, environmental provisions of contracts and due diligence for business transactions, Superfund and other environmental litigation, and toxic tort and products liability litigation.
Provides consistent environmental legal advice for remediation sites company-wide, and to protect the company’s interests in various types of environmental risks, agency actions, as well as chemical exposure/toxic tort litigation.
Minimizes the need for outside legal resources and expenses by providing high quality, cost effective environmental and litigation legal services.
Supports the site HES policy and complies with all regulatory and internal requirements
Participates in HES activities provided by site management and Arkema Inc. (e.g., Behavioral Base Safety, SafeStart, etc.)
Supports and promotes the reporting of all health, safety, environmental, near-miss, accident or injury incidents
Required Education/Qualifications And Work Experience
Undergraduate degree and J.D. from U.S. law school, and admission to State Bar.
10+ years of related experience, including litigation / environmental remediation experience, required.
Experience managing CERCLA and/or RCRA Corrective Action matters and litigation, negotiating NOVs and consent orders for remediation matters.
Experience in selecting outside counsel and managing litigation budgets.
Possesses general litigation experience, including experience related to trials, depositions, document and e-discovery, motions, and other litigation-oriented skills.
Experience and ability to provide federal and state environmental legal advice to operating facilities regarding air, water and waste permitting and compliance issues, and to assess environmental reports and audits, and provide related legal advice, is preferred.
Experience in, or ability to become quickly experienced in, asbestos, toxic tort and products liability litigation.
Experience providing knowledgeable counsel on federal and state environmental legal issues to maximize the ability to continue to produce products, minimize compliance and enforcement issues, and minimize costs associated with proper implementation of remediation requirements.
Experience and ability to understand and communicate complex legal information.
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