Bernadette M. Rappold

Bernadette M. Rappold

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Bernadette M. Rappold focuses her practice on federal and state regulatory issues related to energy, manufacturing, and the environment. Bernadette has substantial litigation experience and advises clients on regulatory compliance as well as the environmental, safety, and health aspects of numerous business and real estate transactions, including water, air, and chemical hazards. Bernadette offers clients perspective gained through years of service at the Environmental Protection Agency. While serving as a director of the Special Litigation and Projects Division in the Office of Civil Enforcement at the EPA’s Office of Enforcement and Compliance Assurance, Bernadette led complex enforcement actions in response to violations of the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and other environmental statutes. Her work at the EPA covered a variety of economic and industrial sectors including the oil and gas, chemical, pharmaceutical, telecommunications, and agriculture industries.

Concentrations

  • Energy
  • Oil and gas
  • Renewable energy
  • Water resources
  • The Clean Air Act
  • The Clean Water Act
  • The Safe Drinking Water Act
  • The Resource Conservation and Recovery Act
  • The Comprehensive Environmental Response Compensation and Liability Act (Superfund)
  • The Federal Insecticide Fungicide and Rodenticide Act
  • The Toxic Substances Control Act
  • The National Environmental Policy Act
  • The Occupational Safety and Health Act
  • The Endangered Species Act
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Capabilities

Experience

 
  • Petitioned the EPA for approval of new renewable fuel and prepared petitions for new renewable electricity producers.
  • Defended multinational manufacturer in Federal Communication Commission (FCC) enforcement action and assisted in the development of an FCC compliance plan.
  • Advised clients responding to emergencies (including fires and accidents).
  • Defended energy company in civil judicial enforcement action related to alleged stormwater violations.
  • Advised manufacturing start-up on environmental and DOT issues related to product distribution.
  • Defended client in complex state RCRA enforcement action and developed successful plan for federal intervention.
  • Assisted data and cloud center clients with complex air permitting, compliance and enforcement issues related to need for uninterrupted sources of backup power.
  • Defended multiple clients in mobile source enforcement actions under the Clean Air Act.
  • Assisted multinational electronics manufacturer with CAA compliance audits to obtain full penalty mitigation under federal and state audit policies and programs.
  • Performed environmental due diligence on large commercial real estate and M&A transactions.
  • Counseled clients on imports compliance under the Toxic Substances Control Act and the Clean Air Act.
  • Assessed and described material regulatory risks for SEC filings.
  • Advised multiple clients on strategic use of FOIA and the federal Information Quality Act.
  • Advised large agribusiness on Clean Water Act compliance requirements for concentrated animal feeding operations (CAFOs).
  • Developed, drafted and submitted successful comments on a proposed rulemaking that resulted in the inclusion of agricultural wastes and manure as approved cellulosic feedstocks under the EPA’s Renewable Fuel Standard (RFS) program.
  • Petitioned the EPA on behalf of trade association for approval of sorghum oil-derived fuels as advanced biofuels under the RFS program.
  • Advised large agribusiness on requirements for creation of first-in-class hog manure to energy plant.
  • Defended large beverage manufacturer in Clean Air Act enforcement action for alleged NSR/PSD violations.
  • Advised food and beverage industry companies on compliance with anhydrous ammonia and ODS requirements.
  • Obtained applicability determination from the U.S. Environmental Protection Agency (EPA) under the Clean Air Act for a client’s new renewable energy gasifier.°
  • Defended municipal wastewater treatment plant in federal enforcement action under the Clean Water Act and the Clean Air Act.°
  • Drafted client comments on proposed EPA rule that led to favorable changes in final rule under the Renewable Fuel Standard.°
  • Defended clients in threatened and actual citizen suits under the Clean Air Act and the Resource Conservation and Recovery Act.°
  • Assisted clients in performing environmental due diligence prior to purchase of contaminated property.°
  • Broke through logjam and helped client obtain Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) registration for pesticidal device.°
  • Obtained full penalty and liability mitigation for clients disclosing and correcting environmental violations under federal audit policy and state analogs.°
  • Conducted internal investigation and successfully defended health care institution in Nuclear Regulatory Commission investigation of unfounded whistleblower claims.°
  • Evaluated NEPA and other claims to assist client in obtaining secured bond financing for public transit project.°
  • Represented whistleblower corporation in federal investigation of competitor engaged in criminal fraud under the Renewable Fuel Standard.
  • Litigated toxic tort claims on behalf of persons exposed to excess radiation from nuclear weapons plants.°
  • Counseled clients on environmental compliance under all federal environmental statutes.° 

°The above representations were handled by Ms. Rappold prior to her joining Greenberg Traurig, LLP.

  • Director, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Special Litigation and Projects Division, 2008-2013
  • Director, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Federal Facilities Enforcement Office, Site Remediation and Enforcement Staff, 2001-2008

Recognition & Leadership

  • Listed, The Legal 500 United States, 2017 
  • Named, National Law Journal, “Energy and Environmental Trailblazer,” 2016

Credentials

Education
  • J.D., magna cum laude, Temple University Beasley School of Law, 1994
    • Dean’s List
    • Executive Editor, Temple Political & Civil Rights Law Review
  • B.A., summa cum laude, Temple University, 1990
    • Phi Beta Kappa
Admissions
  • District of Columbia
  • Pennsylvania
  • U.S. District Court for the Eastern District of Pennsylvania
Languages
  • German, Conversant

  • French, Proficient
  • Spanish, Proficient
  • Russian, Proficient