Bernadette M. Rappold


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  • Temple University Beasley School of Law, JD, Dean’s List, magna cum laude, Executive Editor, Temple Political & Civil Rights Law Review, 1994
  • Temple University, BA, summa cum laude, Phi Beta Kappa, 1990
  • Pennsylvania
  • District of Columbia
  • U.S. District Court for the Eastern District of Pennsylvania
  • French
  • German
  • Russian
  • Spanish

Bernadette counsels clients on a range of energy and environmental regulatory issues on federal and state levels. She provides advice on regulatory compliance as well as strategic advice on the environmental, safety and health aspects of numerous business and real estate transactions, including water, air and chemical hazards. Bernadette has substantial litigation, regulatory and policy experience under several environmental statutes including 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) and the Federal Insecticide Fungicide and Rodenticide Act, among others.

Prior to joining McGuireWoods, Bernadette served as director of the Special Litigation and Projects Division in the Office of Civil Enforcement, OECA where she was responsible for developing, implementing and managing EPA enforcement initiatives, including agency initiatives on onshore natural gas and concentrated animal feeding operations. Prior to that, she served as director of the Site Remediation and Enforcement Staff in the Federal Facilities Enforcement Office, OECA, where she was responsible for advising the EPA administrator and other political-level management on proposed legislation and matters of enforcement policy and strategy, as well as for negotiating and resolving environmental compliance and remediation matters under virtually every environmental statute EPA administers.

Bernadette was in private practice prior to her time in government, and has received numerous awards for her work from EPA. She frequently lectures on environmental issues, including enforcement of and compliance with environmental law.

T: +1 202 857 1754F: +1 202 828 3303Email2001 K Street N.W.
Suite 400
Washington, DC 20006-1040
While at EPA, Bernadette led complex multimedia enforcement actions, involving, among others:

major Clean Air Act NSR/PSD violations at specialty chemical, pharmaceutical and telecommunications facilities;

Clean Air Act MACT standards in multiple industry sectors;

resolution of Clean Water Act violations at animal agriculture, POTW and centralized waste treater facilities;

issuance of stop sale, use or removal orders under FIFRA;

RCRA subtitle C violations at TSDFs, large quantity and small quantity generators, and boilers and industrial furnaces;

EPCRA and TSCA violations, including failure to submit required pre-manufacturing notices and to update health and safety data;

assessments as to whether regulated entities utilized appropriate emission factors to determine compliance requirements under both the Clean Air Act and EPCRA;

negotiation of Supplemental Environmental Project agreements to mitigate penalties;

issuance of imminent and substantial endangerment orders under RCRA and the Safe Drinking Water Act; and

issuance or negotiation of clean up orders under RCRA and CERCLA.

Since joining McGuireWoods, Bernadette has counseled industry clients on all aspects of environmental law, including:

advising refiners and fuel importers on compliance with the Clean Air Act’s fuels requirements;

assisting engine manufacturers in navigating defect reporting under the Clean Air Act’s certificate of conformity regulations;

defending oil and gas company in complex litigation under RCRA;

defending refiner in federal action to enforce Clean Air Act fuels requirements;

advising investor-owned utility on emissions trading, banking and REC accounting;

securing favorable EPA determination under the incinerator MACT for innovative technology developer;

defending POTW in multimedia, federal enforcement action;

advising Fortune 500 companies on compliance with greenhouse gas reporting and disposition of contaminated leasehold;

successfully commenting on EPA rulemakings, thereby opening new renewable fuel pathways under RFS;

reviewing Phase I assessments to ensure clients achieve and maintain BFPP status when purchasing property;

assisting specialty pesticidal device manufacturer in obtaining EPA registration;

defending glass bottle manufacturer in EPA enforcement action under the Clean Air Act’s NSR/PSD provisions;

providing client with analysis of emission allowance trading issues under the Clean Air Act’s Title V, CSAPR and the proposed carbon ESPS associated with the potential closure of a coal-fired power plant;

formulating argument for manufacturing client regarding source aggregation under the Clean Air Act’s Title V and NSR/PSD programs.

Named an "Energy and Environmental Trailblazer," National Law Journal, 2016

Author, "EPA Boosts Cellulosic Fuels in Push for Renewables," Law 360, August 20, 2014
Co-author, "Environment 2014: Water Issues," EPA Administrative Law Reporter, March 2014
Author, "Much Ado About EPA Diesel Fracking Guidance," Law360, March 3, 2014
Co-author, "Requirements for Municipal Separate Storm Sewer Systems In Virginia," Bill of Particulars, October 2013
Panelist, "RFS2 – Approved Cellulosic Pathway & 2014 RVO," RNG 2014: Fuel, Heat, Power & Policy Conference, The Coalition for Renewable Natural Gas, December 9, 2014
Moderator, "Financing Brownfields Clean-Up & Build-Up," National Development Finance Summit, Council of Development Finance Agencies, November 18, 2014
Co-presenter, EPA's Renewable Fuel Standard: New Pathways, New Opportunities?, Bloomberg BNA Webinar, November 6, 2014
Moderator, The Changing Science of TCE: What You Need to Know at Contaminated Sites, Complimentary Webinar and Live Presentation, July 15, 2014
Moderator, Introduction & Overview, EPA Guidance for Diesel Fuel Hydraulic Fracturing: Implications for Fracking Operations and EPA Enforcement, Law Seminars International Telebriefing, April 17, 2014
Speaker, 3rd Annual Hydraulic Fracking Seminar, The Seminar Group, Santa Barbara, California, February 27-28, 2014
Panelist, "Important Non-CWA Legal Issues for Clean Water Professionals” and “Successful Legal Advocacy With EPA - An Insider’s Perspective," NACWA National Clean Water Law Seminar: A Seminar for Public Agency Attorneys & Managers, San Antonio, Texas, November 20-23, 2013
Featured Speaker, Annual Romania Energy Center Oil & Gas Roundtable, Bucharest, Romania, October 10, 2013
Co-presenter, "EPA’s Proposed Changes to the Renewable Fuel Standards (RFS) Program," RFS2 Proposed Amendments: From Concept to RIN Opportunity, American Biogas Council Webinar, 2013
Speaker, Voluntary Hydraulic Fracturing Standards, Law Seminars International TeleBriefing, 2013
Speaker, American Bar Association’s Conference on Environmental Law, 2011
Panelist, Warsaw Shale Gas Conference: Managing Europe’s Emerging Resource, 2011
Speaker, U.S. Department of State: Global Shale Gas Initiative Conference, 2010
Panelist, Auditing Roundtable National Meeting, 2009
Environment 2014: Water Issues, February 24, 2014