Leonard A. Miller, Partner - Carter Ledyard & Milburn LLP Attorney

Practice Areas

Litigation, Environmental, Washington Office

Practice Description

Leonard Miller's law practice has evolved from his service in the Federal government, where he set up the basic structures of the modern-day regulation of air and water pollution and handled ground breaking enforcement cases from Alaska to Idaho to the Caribbean, to his years in private practice, where he represented the largest corporations in the world on their most challenging environmental, health and safety issues, and championed the cause of new market entries. In private practice, he defended successfully the nylon industry, the asphalt pavement industry and handled cases involving aldrin/dieldrin, PCBs, dioxins, lead and asbestos. He brought patent infringement actions for an inventor against some of the largest companies in the telecom industry. He is an advisor to trade associations, international bankers and venture capital companies.

Education

B.A., 1964 Brandeis University (cum laude)
J.D., 1967 Harvard Law School

Admissions

1967 Pennsylvania (inactive)
1967 U.S. District Court, Western District of Pennsylvania
1968 Massachusetts (inactive)
1970 District of Columbia
1984 U.S. Court of Appeals, District of Columbia and Fifth Circuit
1991 U.S. Court of Appeals, Ninth Circuit

Affiliations

The District of Columbia Bar
Environmental Law Institute (Member, Council of Partners)

Awards/Honors

For government service: US Public Health Service, Commendation Medal; US Environmental Protection Agency, two EPA Bronze Medals for Commendable Service, EPA Silver Medal for Superior Service and EPA Distinguished Career Award.
In private practice: Included on the Super Lawyers list, Washington DC Super Lawyers magazine, 2007 and 2008; The Best Lawyers in America, 2006, 2007 and 2008 editions; Named as one of Washington’s Top Environmental Lawyers by Washingtonian magazine in December 2004.

Publications

“Competition and Environmental Regulation in the U.S. Market,” British Crop Protection Council, November 1997; The Clean Water Handbook, Second Edition, Government Institutes, 1997 (co-author); NPDES Permit Handbook, Second Edition, Government Institutes, 1992 (co-author); Product Risk in the Chemical Industry, Executive Enterprises, 1985 (co-author)

Presentations

He has lectured widely at universities, companies, trade associations and professional courses, giving over a hundred speeches on topics related to pollution control, government regulation and dispute resolution.

Prior Experience:

Partner, Bingham McCutchen LLP (Swidler Berlin LLP merged into Bingham in 2006).
Founding Partner, Swidler Berlin LLP 1982-2006.
Partner, Leva, Hawes, Symington, Martin & Oppenheimer 1981-1982.
Partner, Preston Gates, D.C. office of Seattle law firm 1980-1981.
One of the pioneers in the federal government's environmental program, starting out at the National Air Pollution Control Administration. One of the first employees of the newly formed U.S. Environmental Protection Agency (EPA), where he worked until 1980. Opened the EPA Seattle Regional Office, returned to EPA headquarters and headed up the national water enforcement and permits programs, and created the modern-day EPA water permits program (called NPDES). Selected by the EPA as one of the first group of federal civil servants to be promoted into the Senior Executive Service.
Lieutenant Commander from 1968 to 1972 with the U.S. Public Health Service Commissioned Corps.
One of a small group of law students from Harvard and Yale who worked with Ralph Nader in an effort which later was called "Nader's Raders.

Illustrative Matters

Represents an intellectual property merchant bank and venture capital company, on patent infringement litigation, due diligence on acquisitions and various other matters for itself and its portfolio companies. Advisor to the CFO and Chairman.
Represents several generic agricultural chemical companies (have represented some for over 10 years) entering the US market (including the first Indian and Korean company to be awarded a technical registration by the US EPA), including data compensation negotiations and arbitrations, and defense of products.
Represents the trade association for the US asphalt pavement industry, on the on-going evaluation of the carcinogenicity of bitumen by the International Agency for Research on Cancer (IARC). Negotiated a landmark agreement to reduce worker exposure to fumes between the asphalt paving industry and construction labor unions, equipment manufacturers and the US government (OSHA and NIOSH). This effort was recognized as a finalist at the Ford Foundation's Innovations in American Government Award.
Represented several major public utilities and manufacturing companies in coverage actions against insurance companies, recovering hundreds of millions of dollars for historic pollution liability, often without litigation (using "settlement first" methodology).
Represented a major chemical company for over 15 years on all of its water pollution and hazardous waste cases around the country and represented another of the largest manufacturing companies in the US on citizen suits, wastewater control and incineration of PCBs.
On behalf of the phosphate fertilizer industry along the lower Mississippi River, obtained one of the few rulings from US EPA which withdrew a water pollution effluent guideline, thus allowing for a tailored solution to discharges of gypsum.
Represented major public utilities in New York, South Carolina and northern and southern California on coal-fired power plant air emissions and water pollution, hazardous waste, Superfund, drinking water and control of pollution sources into drinking water supplies.
Represented the nylon producers who use caprolactam as a feedstock, and was the first to convince the US EPA and the environmental community that a substance deserved to be taken off the congressionally mandated list of hazardous air pollutants.
Represented pollution detection equipment manufacturers in development of advanced technology for the measurement of pollution, including the GC/MS test protocol for organics and testing for coliform in water and products. Successfully defended a small company selling pollution control equipment against a patent infringement action.