Van P. Hilderbrand Jr.

Representative Client Work

• Providing regulatory guidance and representation before the EPA to a potentially responsible party at site where dioxin and PCBs are contaminants of concern, including preparation of public comments at various stages of the administrative process
• Assisting a client in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation action by identifying and pursuing parties for cleanup contribution
• Assisting a client in the preparation of an Amicus Curiae brief in federal court in support of a wind energy project developer’s compliance with various environmental statutes
• Assisting a textile industry client to address possible facility contamination
• Representing a biofuels refining and trading company in disputes arising out of allegedly fraudulent credits generated under EPA's Renewable Fuel Standard program
• Advised a client regarding eligibility requirements for Massachusetts Net Metering program and RPS Solar-Carve Out program
• Counseled a client regarding indemnification of remediation costs under the United States Defense Base Realignment and Closure Act (BRAC), Federal Torts Claims Act (FTCA), and various environmental statutes
• Advised clean and renewable energy technology companies regarding availability of local, state and federal funding and private financing
• Advised clients on environmental issues in commercial transactions, including due diligence reviews for real estate transactions, risk evaluation of using properties as loan collateral, permit transfer, facility closures, and liability and indemnity issues
• Advised an electric utility company regarding New Source Review program requirements, including audit of internal procedures and suggested compliance improvements
• Advised a client on environmental permitting requirements for renewable energy projects, including new Department of the Interior leasing rules for alternative energy projects on the Outer Continental Shelf
• Counseled clients on environmental compliance matters involving the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA) and the Clean Air Act (CAA)
• Represented clients in environmental litigation matters in state and federal court
• Consulted clients on voluntary auditing and reporting policy requirements, including self-reporting to federal and state environmental authorities

Bar & Court Admissions

• District of Columbia, 2011
• North Carolina, 2008
• U.S. District Court, District of Columbia
• U.S. District Court, Western District of North Carolina

Publications

• Addressing the Needs of Our Nation’s Water Infrastructure Through Private Financing: A Path to Successful, Sustainable Development, ABA’s Climate Change, Sustainable Development, and Ecosystems Committee Newsletter, Vol. 15, Nov. 4 (August 2012)
• Knock down barriers to private investment in water infrastructure, American City & County (August 17, 2012)
• The Last Word: Water and Renewables, Renewable Energy World September/October 2011
• “It’s About Time OSHA Dusts Off Its Regulation of Combustible Dust,” Zephyr Currents (July 2009)
• “Annual Greenhouse Gas Emissions Reporting – A Critical Step Toward Broad-Based Regulation,” Environmental News, North Carolina Bar Association’s Environment, Energy and Natural Resources Law Section Newsletter (April 2009)

Client Advisories

• Federal Appeals Court Muddies the Waters: Finds that EPA has the Last Word on Disposal Site Selection Even After Army Corps’ Issuance of a Section 404 Permit
• Recent Developments Create Mounting Uncertainty Concerning EPA’s Regulation of Stormwater Under the Clean Water Act
• Supreme Court Accepts Case Regarding the Reach of Monsanto’s Intellectual Property Rights to Second Generation Seeds
• Pets, Pesticides and Drugs: The Federal Trade Commission Focuses on Companion Pet Pharmaceutical Distribution Issues
• Recent Developments in Chinese Government Protocols and Initiatives Seek to Encourage Foreign Direct Investment in Energy, Environmental, and Water-Related Industries
• EPA’s Release of the First Phase of the Dioxin Reassessment and Reference Dose May Lead to More Stringent Exposure Standards and Legal Challenges
• U.S. Supreme Court Authorizes Pre-Enforcement Review of EPA Administrative Compliance Orders Under the Clean Water Act
• Construction Site Operators Must Consider New EPA Revisions to the Stormwater General Permit
• Texas Supreme Court Issues Landmark Decision Addressing Landowners’ Right to Underlying Groundwater Resources
• EPA Implements NPDES Permitting Program for Pesticide Uses Near U.S. Waters
• Massachusetts DEP Proposes Action Plan for Regulatory Reform
• Federal Trade Commission and Consumers Seek to Curb Potentially Misleading Green Marketing Claims
• EPA Study Signals Intent to Address Potential Hazards Posed by Pharmaceuticals and Personal Care Products to Domestic Water Supply
• Congressional Attempts to Curb U.S. EPA’s Authority to Address Climate Impacts Create Regulatory Uncertainty
• Federal Trade Commission Orders Company to Cease and Desist from Selling Worthless Environmental Certifications to Green Product Marketers

Awards & Honors

• Recipient of the Boy Scouts of America’s Eagle Scout Award

Professional & Civic Activities

• American Bar Association, Section of Environment, Energy and Resources
• Appointed Vice Chair to the Special Committee on Young Lawyers
• Accepted to the 2012-2013 Leadership Development Program 
• American Bar Association, Young Lawyers Division
• Appointed Vice Chair to the Committee of Environment, Energy, and Resources
• District of Columbia Bar, Section on Environment, Energy and Natural Resources
• North Carolina Bar Association, Committee on Environment, Energy and Natural Resources Law  

Education

• J.D, cum laude, University of Maryland School of Law, 2008
• B.S., magna cum laude, Clemson University, 2002