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Kenneth M. Kastner

Partner
Washington, D.C.

Kenneth M. Kastner

In the 1980s, Ken Kastner, as the Assistant General Counsel of the Chemical Manufacturers Association, currently the American Chemistry Council, developed and advocated the positions of the chemical industry during the key years when the major hazardous waste programs under the Resource Conservation and Recovery Act (RCRA) were being adopted by the U.S. Environmental Protection Agency (EPA) and challenged in court.

Ken uses this experience to counsel clients on their hazardous waste regulatory requirements, defend them in enforcement actions, represent them as they investigate and remediate contaminated sites, negotiate and appeal their permits, and advocate their positions in rulemakings, litigation, and legislation. As national RCRA counsel to several manufacturers of chemicals and allied products, Ken's practice involves facilities in all of the states and EPA regions. Ken is identified as an outstanding attorney in the environmental area by Best Lawyers, PLC Which Lawyer? and Chambers USA.

With 35 years of experience in transportation law, Ken also represents clients on matters relating to transportation of hazardous materials, liability of shippers and carriers for transportation incidents, contracts between shippers and carriers, and the regulation of carriers and shippers by the Surface Transportation Board and the U.S. Department of Transportation (DOT). Ken also assists clients on their security requirements under DOT, EPA, and Department of Homeland Security rules.

A regular trainer and instructor, Ken chairs national seminars on RCRA corrective action and advanced RCRA topics.

"One source describes Ken as 'the most sophisticated RCRA expert that I have ever come across.'"

Chambers

Representative Experience

Defended and settled two of the largest federal single-facility civil and criminal enforcement actions alleging dozens of hazardous waste violations.

Lead environmental counsel to Kuwait for remediation of its natural resources that were damaged in the Gulf War using US$3bn in reparations.

Handled over 75 RCRA corrective actions, closures, and other remediation projects, including permit appeals and project management.

Lead counsel on PCE contamination, settling >1,000 class and non-class claims, two contribution actions, three Pennsylvania orders, and installing water line.

Represented largest marketer of beneficially used coal ash in response to EPA's proposed rules, Congressional legislation, and in citizen suit.

Regularly counsels manufacturing and other clients on the full range of regulations of hazardous waste and hazardous materials transportation.

Represents chemical manufacturers regarding recycling of secondary materials and wastes in counseling, enforcement actions and rulemakings.

Education and admissions

Education

  • J.D., University of Virginia School of Law, 1978
  • B.A., cum laude, University of Virginia, 1974
  • Visiting Student, The London School of Economics and Political Science, 1973

Memberships

  • Member, Editorial Board, Hazardous Waste Consultant

Bar admissions and qualifications

  • District of Columbia
  • Florida

Court admissions

  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of Columbia

2004-2016

Environment

Chambers USA

2015-2016

Environment

Who's Who Legal

2016

Practice Group of the Year in Washington, D.C.

Global Law Experts

2007-2015

Environmental Law

The Best Lawyers in America

2007-2010, 2013-2015

Environmental

Washington, D.C. Super Lawyers

2013-2014

Environmental Litigation

Washington, D.C. Super Lawyers

2014

Hazardous Materials Transportation Attorney of the Year in Washington, D.C.

Global Law Experts

2012

Washington Post Top Lawyers

2011

Environment Super League

PLC Which Lawyer?

2010

Environment

PLC Which Lawyer?

Latest thinking and events

Published Works

Splitting the Difference on Coal Ash

Public Utilities Fortnightly (March 2015)

Published Works

Recycling and the Definition of Solid Waste

RCRA Practice Manual, Chapter 3, American Bar Association (2014 and 2004 Editions)

Published Works

Liability from Hazardous Materials Transportation: Are You Protected?

ACCA Docket (November/December 2002)
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