Philip J. Schworer

Phil has over 40 years of environmental law and consulting experience. He applies his technical education in science and environment to identify and execute novel approaches to environmental regulatory compliance and litigation.

Advocacy: Phil advocates for changes to environmental regulatory programs related to air emissions, water discharges, waste management and disposal, underground storage tanks and community right-to-know reporting. For example, Phil recently convinced the United States Environmental Protection Agency (U.S. EPA) and Kentucky Environmental Protection Cabinet that the Reformulated Gasoline (RFG) regulation imposed on the northern counties of Kentucky was obsolete and not consistent with the Clean Air Act. The removal of the regulation resulted in an immediate 40 cent per gallon reduction in the cost of gasoline with no negative impact on air quality.

Risk assessment: Phil assists clients in conducting risk assessments, required by U.S. EPA as a condition to the issuance of a permit to operate. For example, Phil prevailed in the U.S. EPA administrative court on behalf of a manufacturing client that faced unprecedented restrictions on operating capacity. U.S. EPA Region V performed a risk assessment on mercury emissions to justify the restrictions. Phil coordinated an independent risk assessment that demonstrated serious shortcomings in Region V's work. When Region V refused to correct the shortcomings, Phil took the matter up with U.S. EPA headquarters in Washington, D.C. Following extensive administrative litigation, including oral argument before a three-judge panel, U.S. EPA headquarters agreed with Phil's position and mandated that Region V remove the restriction on operating capacity.

Compliance auditing and transactional due diligence: Phil assists clients in reducing risk and financial losses arising from environmental law violations. Phil conducts compliance audits of manufacturing operations to assist in client self-assessment and review of operations prior to acquisition. Phil has been performing compliance audits for 35 years.

Environmental litigation: Phil represents clients in federal and state litigation arising from environmental exposures to asbestos, noise, vibration, Legionnaires' disease, heavy metals (chromium, lead and mercury), and chemicals (benzene, dioxin and polychlorinated biphenyls).

Counseling: Phil helps clients understand the product disclosure and labeling requirements, including California's Prop 65; the European Union's Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulations; and the Restriction of Hazardous Substances (RoHS) Directive.