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Robert C. Kirsch is a partner in the firm's Regulatory and Government Affairs and Litigation/Controversy Departments, and a member of the Environmental, Government and Regulatory Litigation and the Investigations and Criminal Litigation Practice Groups. He joined the firm in 1983.
Practice
Mr. Kirsch represents clients in environmental defense, counseling and permitting contexts. He helps clients in the high tech, energy, life science, property management, waste management and manufacturing sectors to manage their environmental liabilities quickly and cost effectively.
Mr. Kirsch has defended clients in criminal, civil and administrative investigations and enforcement proceedings. Recent experience includes representation of a Fortune 100 company in simultaneous criminal and administrative investigations, representation of a government contractor involved in investigations by the US Department of Justice and the Environmental Protection Agency, negotiation of the first global environmental and contract-based settlement between the Department of Defense and a contractor.
Mr. Kirsch regularly represents clients in litigating cost recovery disputes as well as state and federal enforcement cases relating to hazardous material handling and transportation, wastewater discharges, air emissions, hazardous waste, solid waste, wetlands protection and toxic substances. He recently litigated a precedent setting cost recovery case involving complex shareholder and corporate successor liability claims, as well as indemnity issues.
Assisting clients with high profile environmental issues is part of Mr. Kirsch's practice. He has represented proponents of energy, solid waste and manufacturing facilities before state and federal agencies. That work has included developing facility-wide permitting and permit appeal strategies, defense of IPP operators in administrative and civil proceedings, contract negotiations relating to energy production facilities, defending and attacking administrative decisions in judicial appeals and due diligence work in facility acquisitions.
Mr. Kirsch has devised permit strategies and pursued a variety of innovative permit applications and appeals. He advises clients about the environmental aspects of mergers and acquisitions, real estate transactions, SEC disclosure requirements, the implications of Sarbanes-Oxley and other environmental reporting obligations. He has counseled clients under the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Oil Pollution Act, the National Environmental Policy Act, the clean air and clean water acts as well as state and federal laws relating to radioactive materials.
Mr. Kirsch has represented diverse clients using state and federal self disclosure policies and has been involved in such disclosures implicating more than 100 locations in the United States. He currently serves as common counsel in major Superfund proceedings and has lead PRP defense efforts involving more than 1,000 parties.
Professional Activities
Mr. Kirsch was elected a member of the American College of Environmental Lawyers, and he serves as a member of the board of the Environmental Law Institute. He is also a member of the environmental sections of the American, Boston and New Hampshire Bar Associations and has held committee leadership posts.
Honors and Awards
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