This is a veteran consulting firm with specialization in waste management, ESG, environmental policy and enforcement. The target is businesses in manufacturing, law firms and organizations that need expert advice on rapidly changing requirements and complex cases.
Randy Mott, the principal, has enormous experience both in US and EU. CV enclosed.
The objective is to come in with an existing team of the company/organization and help strategize an approach including legal, technical, and political considerations. Mr. Mott has an unprecedented record of devising innovative approaches that minimize financial exposure and protect corporate brands.
The explosion of “sustainability” and environmental liability issues has left many companies unprepared. The consultants and lawyers pitching for the work normally offer only vanilla services and little strategy or insight. The fees sought are substantial to say the least.
Would your company benefit from a extremely experienced and practical expert to help navigate the practical implications and develop a winning approach?
Few environmental lawyers or consultants think out of the box. The traditional approach is to grind out hours on complex environmental matters, often without a clear strategy and too frequently without consideration of the complete picture. Aggressive approaches to minimize costs usually carry a prohibitive impact on government and public relations. “Threading the needle” to hold down exposure while maintaining a strong public image is the key to successfully managing the problems.
Legacy Waste Disposal has been one of the most expensive and politically charged issues facing many companies. Besides the government officials, the media and public are frequently highly involved. Traditional lawyers will simply advise your firm on liability (over which there is little doubt and the highest cost per hour for advice). See the global picture on waste liability that Mr. Mott compiled for CHWMEG Inc. LINK: https://chwmeg.org/global-info.asp This sets out the law in over one hundred nations (where waste producers are inevitably either strictly liable for their waste or liable for lack of due care). There may be some legal defenses, as in the successful corporate veil case of Best Foods v. United States, LINK: https://supreme.justia.com/cases/federal/us/524/51/ in which Mr. Mott was lead trail counsel and case manager. The case results in absolving Best Foods for over one hundred million dollars in cleanup costs. But it was possible to raise the defense in the public eye, since Best Foods paid for an alternate water supply for the affected homes and took a pro-active role in the discussion of the scope of necessary remediation. Balancing legal, technical and political issues is the key to a successful defense. It is very cost-effective to engage Environmental Solutions to review your case and help create a successful strategy.
Current Waste Management today must meet ever-changing requirements. The new “supply chain” due diligence laws emerging in several countries require a comprehensive management of the risk of a company’s use of outside vendors. The pending EU Directive will hit large firms in EU and non-European firms doing a high volume of business there. The suppliers of these firms will also be impacted by demands that they conduct their own due diligence. For the first time, waste producers will be liable for not just remediation at “failed” facilities, but also for the proportional cost of preventing problems from arising. So managing your outside waste vendors will carry a new financial risk that is also a political risk, since due diligence results must be publicly disclosed. Companies affected will need a cogent risk management and assessment strategy that will also be made public under the rules. In the interim, it would be wise to “cull” waste facilities that your company is using which are marginal and present higher risks. A strategy for performing that task requires experience in multiple countries’ waste laws and commercial realities. Mr. Mott also acts as the Director for Europe, Africa, and the Middle East for CHWMEG Inc. (a nonprofit association of over 300 companies that has performed over 6000 audits/reviews of waste facilities). His fourteen years of experience in this role provides him with excellent experience in assessing facility risks and strategies to reduce it.
ESG and public reporting are now the standard obligation of most serious companies. While the results of these efforts are often high-profile and have financial impacts as well as political effects, the ESG mechanisms are normally very generalized and frequently lack reliability, as demonstrated in multiple detailed studies. Mr. Mott has lectured on the subject and has an article pending publication. His perspective brings the “real world” to ESG, which can both protect your firm’s reputation and avoid foolish mistakes. This is again a role in helping strategize and is also a cost-effective way to bench-mark your program.
Complex Environmental Litigation will affect most companies at some time in their history. As a practicing lawyer earlier in the US, Mr. Mott successfully represented Best Foods, 3M, Asarco, Bristol Myers, Asamera Oil, St. Paul insurance and other major firms. He invented the “Lone Pine” toxic tort case management order now widely used to structure such cases to reduce costs and exposure. In the role of a consultant that can review a complex matter and often suggestions on strategy and tactics that is no more experienced advisor, having been involved in over 125 such cases.
Mr. Mott’s hourly rates will be undoubtedly lower than your company’s hourly cost for senior litigation attorneys and projects can also be considered under a flat fee arrangement. Environmental Solutions role is not to replace the team you have addressing a problem, but to provide another set of experienced eyes to help manage and organize your approach. Mr. Mott was noted for “thinking out of the box” and approaching the issues from a business manager’s perspective.
Contact us for more information, a quote, or questions about services.
RANDY MICHAEL MOTT
ul. Seczkowa 50 D
03-986 Warsaw Poland
+48-606 147 142
randymott@envirosolutions.co
Georgetown University Law Center (J.D. 1974), National Moot Court Champion (Best Team, Best Brief, Best Advocate).
University of Iowa (B.A. with double honors, political science and Amercian history 1970).
Director for Europe, Africa and the Middle East, CHWMEG Inc. (USA) (association of 280 companies working on waste stewardship) (2008 to date); independent legal consultant/advisor (2005 to date); founder of CEERES Sp. z o.o. a biogas energy developer in Poland; Vice President of the Polish Biogas Association; former board member of the Polish Economic Chamber for Renewable Energy.
Past: Assistant, Office of the Administrator, U.S. Environmental Protection Agency (1972-73). Associate and Partner in private law firms in Washington DC from 1975 to date Associate- Steptoe & Johnson (1974-78); Associate - Troy, Malin & Pottinger (1978-80); Associate- Skadden Arps (1980-82); Partner- Zuckert, Scoutt & Rasenberger (1982-84); Partner - Breed Abbott & Morgan (1984-85); Partner- Heron, Burchett, Ruckert & Rothwell (1985-87); President - Mott & Associates P.C. (1987-93); solo practice (1994-2000); President of EkoTechnology Sp. z o.o (air pollution control equipment mfgr.) (1999-2004); Environmental Affairs Coordinator, CEC Government Relations (Warsaw, Prague, Budapest, Bucharest, Sofia, Kiev)(2006- 2008).
U.S. Congressional Office of Technology Advisory Committee on CERCLA (1985) and RCRA (1984),Vice president, Polish Biogas Association (current); Chairman, “Biogas Poland,” Warsaw, May 2012 (Green Power Conferences); Visiting adjunct, environmental law, Lazarski School of Law, Warsaw; Past Chairman, Environmental Committee, British-Polish Chamber of Commerce; National Reporter for Poland for Institute European Environmental Law, T.M. Asser, the Hague; environmental columnist for Biznes Polski (business weekly in Poland); U.S. Environmental Law Institute.
Reviewer, UN Environment Program, Report Waste Management in Africa 2018; Founded and ran the Hazardous Waste Treatment Council working on waste management issues (US); Project leader on multiple environmental impact assessment cases, including new landfill, waste treatment facilities, Marriott hotels, and other matters (US); involved in over thirty environmental due diligence investigations in mergers and acquisitions (U.S.); Lead on project development on 25 biogas plants in Poland using waste-to-energy; consultant to RES projects including biomass, wind, coal gasification, and biofuel; Involved in over 145 hazardous waste sites (U.S.) since 1978, including two dozen NPL sites. Project leader on several dozen U.S. sites for technical and legal work. Technical PRP Committee on several dozen other sites (U.S.; Lead counsel in several reported litigation cases, including the trial of the corporate veil case that reached the Supreme Court (United States v. Best Foods) which later led to summary judgment for the client on a $100 million liability claim as well as Lone Pine v. EPA (3rd Cir.); Hazardous Waste Treatment Council v. Gorsuch (D.C. Cir.); Pierson Sand & Gravel v. Pierson Township (W.D.Mich.), Wickland Terminal v. Asarco (9th Cir.). Coordinated the defense of the only Section 106 order withdrawn by EPA (Ott/Story/Cordova); Coordinated water discharge permit proceedings for multiple facilities including industrial plants and remedial projects (U.S.); litigated air and water permit cases in several jurisdictions (U.S.); invented the “Lone Pine” toxic tort case management order in Lore v. Lone Pine Corp.; coordinated RCRA closure plans and compliance plans for several sites and corporate-wide RCRA compliance for several Fortune 500 firms; founded the Hazardous Waste Treatment Council created the environmental disclosure defense in tender offer litigation in Mead Corp. v. Occidental Petroleum Corp. Represented the National Association of Manufacturers on Superfund legislation, testifying before Congress and proposing amendments.
Served as expert witness in various cost recovery actions under CERCLA (as solo practitioner); Tried a five week-long case in W.D. Mich. with 2,500 exhibits and fifty witnesses; lead counsel in San Franciso CERCLA case; lead counsel in Rhode Island suit against municipality for contaminated water supply; co-lead counsel in Lone Pine test case to Third Circuit on CERCLA pre-enforcement review; handled numerous preliminary injunction motions in tender offer and other cases; litigated several criminal cases, including murder cases; litigated one of major D.C. long-arm jurisdiction cases; lead attorney in lengthy litigated Title VII case; lead attorney in Clean Air Act PSD litigation seeking $20 million fine; lead counsel in Indian training grant case against Dept. Of Labor; lead counsel for food industry in OSHA proceedings on SO2 standard; numerous expert and fact depositions.
Organized first phytoremediation company in Poland; Managed site feasibility studies for several anaerobic digestion locations in Poland; conducted feasibility study for landfill biogas energy recovery project at multiple sites in Poland; conducted and directed environmental due diligence for bio-ethanol plant acquisition, wind farm development and solvent recycling plant; Conducted due diligence on four sites in metallurgical industry acquisition; legal counsel to biomass firm and gas gasification project; Worked in privatization of pollution control industry in 1991-94, organizing one of the final bids for ELWO S.A.; Analyzed EU IPPC Directive and all proposed BREF documents on BAT for air pollution control and solvent abatement and recycling; Developed data base of over 4000 firms in Central Europe affected by IPPPC; Analyzed EU VOC Directive and developed marketing plan for solvent recycling service company in Warsaw; organized group to amend Polish Contaminated Land Law (2006); founder of CEERES renewable energy company (biogas).
Randy M. Mott JD
“Problems With the European Commission State Aid Guidelines on Environmental Protection,” PowerGen Europe, Amsterdam 2015; Polish Economic Chamber for Renewable Energy (2013-2014); Green Power conferences (2012); ICM (Geneva, Switzerland), “International Electronic Waste Recycling,” Salzburg, Austria (2011); European Insurance Association (2007); American Chamber of Commerce in Poland, Environmental Committee (2005-2006); American Chamber of Commerce in Hungary, Environmental Committee (2006); Bulgarian Confederation of Employers (2006); British-Polish Chamber of Commerce (2006-2007); Chairman of Hazardous Waste Litigation Annual Conferences, Practicing Law Institute from 1981-1991; Lecturer for Inside EPA Superfund conferences from 1983-91; Chairman of New Jersey Environmental Law Conferences, Federal Publications from 1990-92; Lecturer on RCRA and CERCLA for Executive Enterprises Environmental Conferences for 1983-90.
Synod representative/Warden for Anglican Church in Poland, Chairman of Republicans in Poland; military history and strategy (former infantry officer, Commandant’s List, Infantry Officer Basic, Ft. Benning).
Randy M. Mott JD
Environmental Solutions
