Overview
Our team counsels clients on environmental, health and safety, and other risks associated with batteries and energy storage throughout the entire product or project lifecycle—raw material sourcing, supply chain integration and audits, incident response and the design, manufacture, packaging, transport, storage, use, disposal and recycling of the product, among other considerations. We apply our decades of experience on environmental permitting and counseling with the electric utility, automobile and other manufacturing sectors to the unique issues raised in the context of batteries and energy storage. Our reach is global, advising clients in the US, the European Union (EU), Africa and Asia, in addition to having experience with unique, state-specific issues, especially in states like California and New York which are pushing the boundaries in de-carbonization and the regulation of new technologies. Representative experience counseling clients regarding batteries and energy storage includes:
- Currently advising an auto manufacturing client on environmental compliance, vendor audits and contracting related to the transport, storage, use, disposal and recycling of lithium-ion batteries as well as on assembly plant expansion permitting, as part of strategic counseling regarding the client’s transition to electric vehicles.
- Currently advising a client on compliance-related risks associated with the lifecycle of lithium-ion batteries in the US and the EU.
- Counseling multinational clients on the assessment and management of legal, contractual and reputational risks associated with the use of certain materials in products, including those that can raise environmental, health, safety and social concerns related to the sourcing of raw materials and a company’s global supply chain (e.g., cobalt, nickel, etc.).
- Currently advising a client on safety standards, energy efficiency requirements, signal emissions requirements, hazardous substance transportation and disposal restrictions, removability and reparability considerations, and data protection requirements associated with lithium-ion batteries.
- Currently advising a client on the legal frameworks governing recycling and reuse of lithium-ion batteries, including applicable hazardous and e-waste disposal obligations.
- Developed a compliance program for a manufacturing client’s product that contained lithium-ion batteries, including counseling on product takeback, recycling and reclamation, waste characterization and waste management requirements under federal and state laws.
- Participated in compliance audits and advised a manufacturing client on EHS requirements for its lead-acid battery electricity storage facility, including annual reporting, release response, recycling and other end-of-life issues.
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