February 7, 2023

Volume XIII, Number 38

P. Scott Burton

Scott leverages his extensive environmental, energy and natural resource experience to advise clients in the national and international public policy arenas.

Scott’s practice is broad in scope, covering a wide range of high-profile and high-risk issues across the nation and in overseas jurisdictions. He is often the first line of defense for domestic and multinational clients, leveraging his power plant operations background and natural resource economics consulting experience to help clients navigate complex regulations and policy issues affecting their business operations. He develops comprehensive strategies addressing legislative and regulatory policy advocacy, defending government enforcement and NGO litigation, and shepherding complex permitting and transactional matters. Scott has sophisticated experience advising clients with respect to domestic and international project development and M&A due diligence.

Well-known for his international insights, clients based in Asia, Canada, Europe and the United States look to Scott for his creative, business-oriented solutions. He also interacts frequently with industry trade organizations, nongovernmental research and policy organizations, and US and foreign agencies, ministries and delegations.

Scott has managed cross-border projects, transactions and disputes in multiple jurisdictions, and has a working knowledge of the Korean language.

Scott also contributes regularly to the firm’s Nickel Report blog, including an influential post on the EPA CERCLA 108(b) hard rock mining financial assurance rulemaking proposal and posts related to environmental, health & safety and social (EHSS) considerations in cross-border transactions and due diligence.

Relevant Experience

Representative Enforcement & Litigation Experience

  • Defense of multi-media civil and criminal allegations involving virtually every major federal environmental program including claims brought pursuant to the CAA, CERCLA, CWA, EPCRA, SDWA/UIC, RCRA and related state law involving numerous petroleum refineries, terminals, upstream oil and gas exploration & production operations, mining, mineral processing and chemical manufacturing facilities in California and  across the United States.
  • Defended US and international NGO allegations related to Asia-based client’s Indonesia forestry, palm oil, and energy operations.
  • Defended high-profile class action lawsuits brought by plaintiffs’ counsel associated with Erin Brockovich and Johnnie Cochran asserting personal injury and property damage claims related to a Japan-based client’s Florida mining and chemical manufacturing subsidiary, and similar claims related to Canada-based client’s Idaho mining and chemical manufacturing subsidiary.
  • Defended Canada- and Japan-based clients respecting state and federal investigation of several rail and highway chemical release incidents in various states, including Idaho, Kansas and Washington.

Articles in the National Law Review database by P. Scott Burton