March 29, 2020

Daniel B. Schulson

Daniel Schulson applies rich and diverse experience gained from working in the Office of General Counsel at the U.S. Environmental Protection Agency (EPA) to clients’ challenges on a broad array of issues. He assists clients with many aspects of environmental and administrative law, including compliance counseling, permitting, due diligence, audits, commenting on agency rulemakings, administrative enforcement defense, and litigation. 

Examples of Mr. Schulson’s experience include:

  • Negotiating favorable administrative settlements with EPA and state regulators for alleged violations of environmental statutes, including the Clean Air Act, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Emergency Planning and Community Right-to-Know Act. 
  • Counseling clients on “voluntary disclosures” under EPA’s self-disclosure policy and similar state-based policies.
  • Defending a leading crop-protection company in a multi-million dollar EPA administrative enforcement action.
  • Representing leading crop-protection companies in FIFRA and Endangered Species Act federal litigation challenging product registrations.
  • Counseling companies on a wide range of permitting and compliance issues under the Clean Air Act and comparable state laws.
  • Preparing comments for companies and trade associations on both federal and state proposed air regulations.
  • Advising a global pharmaceutical company on the environmental aspects of a major transaction and conducting related due diligence.
  • Drafting a successful petition for review and subsequent state supreme court briefing in defense of a solid waste recycling company facing toxic tort claims brought by individuals alleging agricultural operations constituted a nuisance.

While at EPA, Mr. Schulson formulated effective litigation strategies to defend agency actions and advised senior Agency officials on matters arising under a variety of statutes including the Clean Air Act, Clean Water Act, and the Resource Conservation Recovery Act. Mr. Schulson was awarded an Agency commendation for outstanding counseling on administrative and regulatory law issues. He also was awarded a Department of Justice commendation for assisting in the successful defense of EPA's suite of greenhouse gas regulations.

Mr. Schulson also served as a Brookings Institution Congressional Fellow on the U.S. House of Representatives' Committee on Natural Resources. As a Fellow, he provided counsel to members of Congress and staff on legislation and oversight issues relating to energy production and mining on federal lands including U.S. offshore energy production, the Bureau of Land Management’s hydraulic fracturing rule, coal mining in the Powder River Basin, and the U.S.-Mexico Transboundary Hydrocarbon agreement.

Articles in the National Law Review database by Daniel B. Schulson