Brent I.Clark

As an OSHA and MSHA litigator, he has defended against willful, serious, repeat, unwarrantable failure, Section 110(c) and egregious citations, including hearings and appeals to the OSHA Review Commission, the Mine Safety Health Review Commission, and the United States Circuit Court of Appeals. Brent has tried numerous cases before Federal and State OSHA courts and obtained many defense verdicts for firm clients. He has provided analysis, investigation, and advice regarding potential criminal and whistleblower allegations and claims including discrimination, termination, retaliation, and whistleblower claims under OSHA, MSHA, DOT, AIR 21, the Surface Transportation Assistance Act (STAA), and other safety and environmental regulations. Brent has experience in investigating, reporting, and defending against claims arising from workplace fatalities, explosions, fires and catastrophes. He also provides general compliance counseling and advice concerning OSHA and MSHA inspections and investigations, internal audits and compliance issues. Brent advises clients and trade associations regarding comments on new and proposed OSHA standards and has testified before OSHA regarding standards such as OSHA’s ergonomics standard.

His experience in the area of environmental law includes litigating a variety of claims under federal and state environmental statutes and regulations before federal and state courts and agencies. He has defended and prosecuted claims under CERCLA (Superfund), RCRA, TSCA, the Clean Water Act, the Clean Air Act, EPCRA, Underground Storage Tanks (UST’s), DOT, FAA, and related state statutes and regulations. Brent also provides general environmental compliance counseling and assists clients with internal audits, compliance programs, agency inspections, and transactions involving environmental issues. He represents clients regarding chemical and environmental product regulations including mercury, lead, California's Proposition 65, and VOC’s. He handles the investigation, litigation and trial defense against environmental, whistleblower, discrimination, and retaliation claims.

Brent’s experience in tort and toxic tort litigation includes actions covering negligence, chemical exposures, chemical releases, groundwater contamination, underground storage tanks, property damage, premises liability, product liability, respondeat superior, and intentional torts including cases involving benzene, asbestos, silica, lead, PCB’s, mold, solvents, and hazardous wastes and substances.

Brent lectures frequently to trade and industry groups on OSHA and MSHA compliance and defense, environmental compliance and litigation matters, and various issues relating to hazardous and toxic chemicals.