For over thirty-eight years, Karl Bourdeau has engaged principally in a wide-ranging litigation, regulatory, transactional and legislative practice involving hazardous substance and hazardous waste issues under the federal Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and analogous state laws. He has also been active in representing clients on a variety of international environmental, chemical risk assessment, and federal Information Quality Act issues.
Mr. Bourdeau's practice has focused on a wide range of matters arising under CERCLA and RCRA. This work has included representation of numerous clients in government and private cost recovery litigation under CERCLA, as well as with respect to administrative order and remedial action settlements under that statute. He also has extensive experience with a wide range of RCRA matters, including applicable regulatory requirements, corrective action permits and orders, government enforcement actions, and citizen suits. Mr. Bourdeau's practice has also involved substantial participation, beginning with the inception of the RCRA program in 1980, in many of the major RCRA rulemakings and judicial challenges to those rulemakings in the D.C. Circuit. For example, Mr. Bourdeau served as an industry representative on the Hazardous Waste Identification Rule Advisory Committee, which was convened by the U.S. Environmental Protection Agency to advise it regarding regulatory reforms to the definition of hazardous waste under RCRA.
Mr. Bourdeau has also been heavily involved in legislative issues relating to CERCLA and RCRA. He has participated in industry advocacy with Congressional committee staffers regarding CERCLA remedy selection reform and brownfields issues, and has been involved in drafting and advancing proposed legislative reforms to the regulation of remediation wastes under RCRA.
In the transactional area, Mr. Bourdeau has advised both buyers and sellers of contaminated properties with respect to the clean-up of such sites and the minimization of potential liabilities associated with them. He also has assisted companies with addressing and negotiating the allocation of environmental liabilities in the context of mergers and acquisitions.
Among others, Mr. Bourdeau's clients include companies in the chemical, petroleum, iron and steel, consumer product, communications, high technology, pharmaceutical, pulp and paper, and waste management technology industries. He also represents various trade associations on environmental policy, regulatory, and litigation matters.
Mr. Bourdeau is a frequent lecturer and author on hazardous substance liability issues. Professional accolades that Mr. Bourdeau has received include recognition in the following: