J. M. DiGiglia photo

Mike DiGiglia - Environmental Attorney

Work History - Detailed
Relevant Experience - Detailed
Unique Qualifications - Detailed
Courses/Training/Seminars - Detailed
Qualifications for Certifications/Registrations - Detailed

Professional Summary

The Work History of Mike DiGiglia is summarized as follows:

THE DIGIGLIA LAW FIRM, L.L.C., Woodland Park, CO; Attorney; September 1999 to Present

LEMLE & KELLEHER, L.L.P., Baton Rouge, LA; Of Counsel, June 1999 to February 2007; Special Counsel, September 1996 to June 1999

SCHWAB & WALTER, Baton Rouge, LA; Environmental Consultant, May 1996 to August 1996; Legal Researcher and Environmental Consultant, May 1994 to May 1996

WASTEWATER SPECIALTIES, INC., Lake Charles, LA (formerly Environmental Logistics, Inc.)(Environmental Consulting Firm); Project Director, August 1993 to August 1996

C-K ASSOCIATES, INC., Lake Charles, LA, Project Director, April 1993 to August 1993; Senior Project Manager and Regional Office Manager, April 1992 to March 1993

WESTLAKE PETROCHEMICALS CORPORATION, Lake Charles, LA, Environmental Engineer, November 1991 to April 1992

CHEMICAL WASTE MANAGEMENT, INC., Lake Charles, LA, Manager of Environmental Permitting, January 1990 to November 1991; Manager of Environmental Compliance, October 1988 to December 1989; Environmental Manager (Manager of Environmental, Safety, Training and Security Departments, January 1986 to April 1988; Manager of Environmental and Safety Departments April 1988 to October 1988)

ENVIRONMENTAL COMPLIANCE CONSULTANTS, INC., Lake Charles, LA, Vice President and Senior Environmental Consultant, May 1985 to January 1986

PPG INDUSTRIES, INC., Lake Charles, LA, Plant Environmental Foreman, March 1983 to May 1985; Environmental Control Assistant, October 1981 to March 1983; Production Operator-C, January 1981 to October 1981; Production Operator-D, March 1980 - January 1981

U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, Worland, WY, BIOLOGICAL TECHNICIAN, May 1978 - August 1979

Relevant Experience of Mike DiGiglia is set forth below:

Unique Qualifications:

Mike DiGiglia has a combined total of over 31 years experience in:

Education:

Technical Certifications and Professional Registrations:

Professional Organizations:

Jurisdictions Admitted To Practice:

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Work History - Detailed

The work history of Mike DiGiglia is vast and provides a unique insight into the practice of environmental law.

• September 1999 to Present

THE DIGIGLIA LAW FIRM, L.L.C., Woodland Park, CO

ATTORNEY; Represent clients in state and federal courts regarding regulatory, enforcement, permitting and technical matters related to alleged civil and criminal violations of environmental laws and regulations. Represent clients in local, state and federal agency actions regarding regulatory, enforcement, permitting and technical matters related to environmental laws and regulations. Represent clients in toxic tort litigation related to personal injury and property damage associated with spills, releases, groundwater contamination or airborne exposure to hazardous chemicals. With regard to the above, perform detailed investigations of technical facts of legal significance related to representation. Perform early assessments of strengths and weaknesses of case and develop strategies for pursuit or defense of case based on results of investigations. Make appearances in administrative law, civil and criminal litigation matters. Locate expert witnesses relevant to technical-legal issues in the case, develop scope of work for experts and coordinate the development of expert opinions. Conduct all necessary discovery related to technical-legal issues involved in the case. Also provide legal, safety and environmental consulting to clients related to compliance activities and documents required by state and federal administrative laws and regulations, environmental audits of fixed facilities as a part of self-auditing or transactions, issues related to soil and/or groundwater contamination at fixed facilities and the remediation thereof, environmental assessments of property involved in transactions, issues related soil and/or groundwater contamination involved in property transactions, defense of administrative enforcement actions issued or instituted by state or federal administrative agencies, defense of state civil actions instituted by the state department of justice after referral of administrative enforcement actions by state environmental agencies and defense of federal civil actions instituted by the U.S. Department of Justice after referral of administrative enforcement actions by the U.S. EPA.

• September 1996 to February 2007

LEMLE & KELLEHER, L.L.P., Baton Rouge, LA (Law Firm)

OF COUNSEL, June 1999 to February 2007; SPECIAL COUNSEL, September 1996 to June 1999; Represent clients in state and federal courts regarding regulatory, enforcement, permitting and technical matters related to environmental laws and regulations. Represent clients in local, state and federal agency actions regarding regulatory, enforcement, permitting and technical matters related to environmental laws and regulations. Represent clients in toxic tort litigation related to personal injury and property damage associated with spills, releases or exposure to hazardous chemicals. With regard to the above, perform detailed investigations of technical facts of legal significance related to representation. Perform early assessments of strengths and weaknesses of case and develop strategies for pursuit or defense of case based on results of investigations. Make appearances in administrative law and civil litigation matters. Locate expert witnesses relevant to technical-legal issues in the case, develop scope of work for experts and coordinate the development of expert opinions. Conduct all necessary discovery related to technical-legal issues involved in the case.

• May 1994 to August 1996

SCHWAB & WALTER, Baton Rouge, LA (Law Firm)

ENVIRONMENTAL CONSULTANT, May 1996 to August 1996; LEGAL RESEARCHER AND ENVIRONMENTAL CONSULTANT, May 1994 to May 1996; Assisted and represented clients with local, state and federal agencies in regulatory, enforcement, permitting and technical matters related to environmental law, including, but not limited to, the generation, storage, transfer, transportation, treatment, disposal, permitting, recycling and recovery of hazardous and solid wastes, voluntary and involuntary CERCLA cleanups and cost recovery, UST remediations, air emissions control and permitting, wastewater treatment and permitting, storm water discharge permitting, groundwater monitoring and remediation, hazardous material transportation, NORM site remediation, oilfield site remediation, OSHA safety programs, commenting on and assisting state agencies with the development of revised regulations Coordinated of consultants, engineers and other attorneys on projects involving enforcement actions involving remediation and multi-media permitting activities Prepared legal memorandums and opinion letters regarding matters involving the above environmental media/subjects demand letters, petitions, answers, discovery documents and other supporting documentation for such matters as: recovery of damages from contamination caused by 3rd parties contribution for remediation costs in voluntary CERCLA cleanups defense to agency enforcement actions.

• August 1993 to August 1996

WASTEWATER SPECIALTIES, INC., Lake Charles, LA (formerly Environmental Logistics, Inc.)(Environmental Consulting Firm)

PROJECT DIRECTOR, August 1993 to August 1996 (part-time work while in law school); Manage projects based in Louisiana for a variety of businesses and other private entities. Projects include: providing assistance in setting up a pre-treatment program for wastewater generated by the food service industry preparing US Corps of Engineers permit applications conducting wetlands delineations preparing air, water and solid waste permit applications, performing multi-media audits, representing clients and working for law firms in environmental matters as an expert and assisting in compliance and permitting negotiations preparing comments on draft permits conducting Phase 1 property assessments.

• April 1992 to August 1993

C-K ASSOCIATES, INC., Lake Charles, LA (Engineering and Environmental Consulting Firm)

PROJECT DIRECTOR, April 1993 to August 1993; SENIOR PROJECT MANAGER AND REGIONAL OFFICE MANAGER, April 1992 to March 1993; Managed the firm’s Lake Charles regional office, managed all of the projects based in Lake Charles, which included a number of multi-disciplined projects for several local petrochemical and related industry clients. Projects included: conducting feasibility studies for surface impoundment closures, conducting tidal flow studies in Calcasieu River system, preparing US Corps of Engineers permit applications, performing wetlands delineations, preparing air permit modifications, preparing NPDES, LWDPS and TWC permit modifications development of storm water sampling and permit applications, performing groundwater sampling, performing toxicity reduction evaluations, development of SPCC plans, conducting multi-media audits, conducting negotiations with regulators on behalf of clients, preparing comments on draft permits and conducting Phase 1 property assessments.

• November 1991 to April 1992

WESTLAKE PETROCHEMICALS CORPORATION, Lake Charles, LA (Ethylene and Styrene Manufacturing Facility)

ENVIRONMENTAL ENGINEER, November 1991 to April 1992; Managed a staff of two permanent and two temporary environmental professionals to conduct all phases of environmental activities for a 12 month old ethylene plant and a new styrene plant that was started up in March 1992. Responsibilities included: air and water permit modifications identifying and initiating process modifications to meet the Benzene-NESHAPs standards, other Clean Air Act standards and LA Air Toxics standards identifying and initiating process modifications to reduce, minimize and/or eliminate the generation of hazardous and non-hazardous process waste streams instituting a program to streamline the management of solid and hazardous wastes generated conducting process and utilities discharge investigations to identify and eliminate excessive levels of various compounds and parameters in order to comply with discharge permit limits conducting stack testing activities on 6 cracking furnaces and 2 boilers developing and updating Contingency Plans, SPCC Plans, Training Plans, Waste Reduction Plans, VOC Housekeeping Plans, BMP Plans, Emergency Shutdown System Plans assisting in conducting Phase 1 assessments on properties considered for corporate acquisition participating in corporate safety and environmental audits of other Westlake plants.

• January 1986 to November 1991

CHEMICAL WASTE MANAGEMENT, INC., Lake Charles, LA (Large Commercial Hazardous Waste Treatment, Storage and disposal Facility)

MANAGER OF ENVIRONMENTAL PERMITTING, January 1990 to November 1991; MANAGER OF ENVIRONMENTAL COMPLIANCE, October 1988 to December 1989; ENVIRONMENTAL MANAGER (Manager of Environmental, Safety, Training and Security Departments, January 1986 to April 1988); (Manager of Environmental and Safety Departments April 1988 to October 1988); Responsibilities included: compliance with all state and federal RCRA, CAA, TSCA, SARA, CERCLA, OSHA, DOT, and Nuclear Energy Regulations applicable to CWM’s operation (i.e., hazardous waste landfill, drum storage, drum processing, tank storage, bulk stabilization, tank treatment, wastewater treatment, fuels recovery and laboratory) working closely with corporate attorneys and local counsels in administrative enforcement actions as a witness and technical support as well as providing assistance in resolving matters ranging from zoning, easements to permitting and enforcement action negotiations ¨ serving as CWM’s State Regulatory Affairs Coordinator for Louisiana and Arkansas; responsibilities included interfacing with and providing input to state regulators during the development of draft regulations prior to and during public comment periods implementing all of the HSWA Landbans and the necessary controls on the affected regulated units preparing applications for and modifications to the following permits: State RCRA, USEPA HSWA, State Air, NPDES, State Water Discharge, State Nuclear Energy and USEPA TSCA Storage performing water discharge permit modifications, air permit modifications, Part B Permit Application development, changes during interim status (approval to construct additional waste processing and storage units), Nuclear Energy License modifications and securing closure permits for two hazardous waste landfills reviewing and approving process designs and modifications conducting process safety reviews of process designs and modifications developing, maintaining and supervising the implementation of all plans, procedures, programs and guidelines in compliance with state, federal and corporate requirements (i.e., Closure/Post-Closure Plans and Cost Estimates, Financial Assurance Mechanism, Inspection Plan, Training Plan, Waste Analysis Plan, Storm Water Management Plan, Contingency Plan, SPCC Plan, Plant Safety and Health Procedures, Security Procedures, Site Generated Waste Program, Groundwater Monitoring Program, Ambient Air Monitoring Program, NPDES and State Discharge Monitoring and Reporting) interfacing with state and federal regulatory agencies during on-site inspections, all permitting activities and regulatory enforcement negotiations hosting corporate and regional compliance audits (safety and environmental) acting as Alternate Emergency Coordinator for the facility and responding to all significant in-plant and off-site emergencies.

• May 1985 to January 1986

ENVIRONMENTAL COMPLIANCE CONSULTANTS, INC., Lake Charles, LA. (Environmental Consulting Firm)

VICE PRESIDENT AND SENIOR ENVIRONMENT CONSULTANT, May 1985 to January 1986; Responsibilities included: managing and operating an environmental consulting and services company working with small, medium and large generators of hazardous waste in the following areas: developing waste management programs, negotiating with the LDEQ on compliance issues, Contingency Plan preparations, conducted environmental audits, waste recovery studies, lab pack projects, asbestos abatement and all phases of personnel training conducting extensive community relations efforts for a client applying for permits to construct a hazardous waste TSD facility in the Lake Charles area.

• October 1981 to May 1985

PPG INDUSTRIES, INC., Lake Charles, LA (Large Organic and Inorganic Chemical Manufacturing Complex)

PLANT ENVIRONMENTAL FOREMAN, March 1983 to May 1985; ENVIRONMENTAL CONTROL ASSISTANT, October 1981 to March 1983; Responsibilities included: managing the regulated waste program for PPG’s chemical manufacturing complex (2400 employees) developing and monitoring waste management systems and programs that reduced, minimized and/or eliminated waste generation and insured compliance with all applicable environmental regulations initiating remedial action and follow up dictated by internal and regulatory compliance inspections working closely with corporate environmental audit teams co-supervising the closure of a hazardous waste surface impoundment responding to on-site and off-site hazardous material/waste spills interfacing with the LDNR, LDEQ, and USEPA on hazardous waste, solid waste and injection well issues sampling, segregating and had analyses performed on numerous containers of unidentified chemicals.

• January 1981 to October 1981

PPG INDUSTRIES, INC., Lake Charles, LA (Large Organic and Inorganic Chemical Manufacturing Complex)

PRODUCTION OPERATOR-C, January 1981 to October 1981; Responsibilities included: operating a vinyl chloride manufacturing process which included direct operation of one EDC vaporizer, two EDC crackers, one chlorine vaporizer, one heavies distillation column, two dopp kettles, one cooling tower (8 cell), one pair of instrument air compressors and the plant’s process water distribution system conducting wet chemistry analyses on cooling tower and distillation process.

• March 1980 - January 1981

PPG INDUSTRIES, INC., Lake Charles, LA (Large Organic and Inorganic Chemical Manufacturing Complex)

PRODUCTION OPERATOR-D, March 1980 - January 1981; Responsibilities included: performing process quality control activities by sampling and conducting approximately 22 gas chromatograph and 15 wet chemistry analyses per shift on intermediate and final products from chlorinated organic solvent processes.

• May 1978 - August 1979

U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, Worland, WY (Federal Agency)

BIOLOGICAL TECHNICIAN, May 1978 - August 1979; Responsibilities included conducting field determinations for and delineations of soil and vegetation types, conducting critical wildlife habitat evaluations, identifying and mapping special habitat features for threatened and endangered wildlife and writing portions of environmental impact statements and environmental assessment reports.

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Relevant Experience - Detailed

Environmental Law Experience

Environmental Crimes Defense Experience

Catastrophic Failure Case Experience

Toxic Torts Experience

Oilfield Legacy Case Experience

Administrative Law Experience

Self-Audits

Solid and Hazardous Waste Experience

Definition of Solid Waste Determinations

Groundwater Experience

CERCLA (Superfund) Experience

Water Quality Experience

Air Quality Experience

Used Oil Experience

TSCA Experience

Hazardous Material Transportation Experience

OSHA

Endangered Species Experience

Spill Prevention Experience

Wetlands Experience

Radiation Protection Experience

Underground Storage Tank Experience

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Unique Qualifications - Detailed

Mike DiGiglia has a combined total of over 31 years experience in the following areas:

Education:

Technical Certifications and Professional Registrations:

Professional Organizations:

Jurisdictions Admitted To Practice:

List of Selected Clients that Have Been/are Being Represented by Mike DiGiglia:

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Courses/ Training/Seminars - Detailed

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Qualifications: Certifications/Registrations - Detailed

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