Marlys Palumbo

Member

Marlys Palumbo’s practice focuses on matters arising under major federal and state environmental statutes and involves counseling clients on assessing, managing and mitigating environmental liabilities and compliance obligations. She represents clients before regulatory authorities in both formal and informal contexts and defends them in administrative and judicial enforcement actions.

Ms. Palumbo has represented major companies in complex cleanup negotiations under state and federal Superfund regulations involving the terms and conditions of agreed orders and consent decrees, the scope and nature of cleanup actions, and the reasonable and fair allocation of cleanup costs. She also has prosecuted and defended private cost recovery actions, natural resources damages claims, and challenges to hazardous waste permits under the federal Resource Conservation and Recovery Act (RCRA). Ms. Palumbo has substantial experience in advising clients on chemical regulation matters arising under the Toxic Substances Control Act (TSCA), the Clean Water Act (CWA), the Occupational Safety and Health Act (OSHA), RCRA, and the Emergency Planning and Community Right-to-Know Act (EPCRA) and works closely with environmental consultants and technical experts on such matters.

Ms. Palumbo has extensive experience in matters relating to corporate and real estate transactions involving contaminated properties, facility auditing, due diligence investigations, and drafting and negotiating complex transaction agreements. She also advises clients regarding complex project developments. Recently, her efforts have involved establishing conservation easements, negotiating wetlands mitigation projects, securing air and water permits, and providing counsel on other environmental and land use matters related to the siting and permitting of various energy facilities.

Professional Background

Prior to joining Van Ness Feldman, Ms. Palumbo was the Senior Vice President and U.S. General Counsel for Philip Services Corporation, a $2 billion company with over 10,000 employees that provides integrated hazardous waste management and industrial services to clients in North America and Europe. In this position, she directed all legal matters for the company’s U.S. operations. In addition to her corporate responsibilities, she managed significant environmental matters, personally representing the company in complex RCRA and Superfund matters throughout the country, negotiating with regulatory agencies, and overseeing corporate legal compliance with environmental regulations. Her other responsibilities included counseling senior management, directing and oversight of corporate mergers and acquisitions, contracts, licensing, real property acquisition, leasing and land use transactions, regulatory health and safety compliance, labor and employment matters, and litigation. Prior to joining Philip Services Corporation, Ms. Palumbo was General Counsel of Sabey Corporation, a pre-eminent Pacific Northwest industrial real estate development company. She was also a litigation associate for several years with a major Seattle law firm.

Professional and Civic Affiliations

• American Bar Association, Section on Environmental Litigation, Co-chair RCRA Sub-committee, 2006 – present
• Washington State Bar Association