Ned Witte

Background

About Ned Witte

As a partner with Earth & Water Law, Ned has broad, nationally recognized experience in counseling clients concerning the emerging contaminants Per-and Polyfluoroalkyl substances, or PFAS (including PFOA and PFOS), representing clients with interests in numerous PFAS sites including at disposal sites, manufacturing sites and locations where PFAS-containing aqueous film forming foam has been discharged. In late 2020, Ned was selected by the Biden-Harris Agency Review Team for the United States Environmental Protection Agency to consult on PFAS issues. Ned serves as a member of the WDNR PFAS Policy Advisory Group and served as Co-Chair of Citizens and Public Interest Committee for the State of Wisconsin PFAS Action Council (WisPAC), which generated the 2020 Wisconsin PFAS Action Plan. Ned is a member of the ASTM Collaboration Area AC417 – PFAS Real Estate, Legal, Due Diligence Focus Group supporting the revision of the ASTM Phase I 1527 practice. Ned has extensive experience in Brownfields, coordinating Superfund site response activities, including as chair of steering committees, siting and permitting of manufacturing facilities and renewable and traditional energy projects. Ned also has structured and served as lead counsel in environmental due diligence and liability allocation in transactions, defense of government- and private party-lead enforcement actions and, conversely, enforcement of environmental contractual rights. Ned’s diverse practice also includes: • Effective use of Wisconsin’s Local Government Unit Negotiation and Cost Recovery statute (Wis. Stats. §292.35) to recover costs at municipally owned disposal sites (Ned served as lead counsel in the only two recorded proceedings, recovering over $3 million) • Defense of actions related to alleged non-compliance with the FIFRA, stormwater and wastewater discharge, state and federal Clean Air Act violations, and wetland fill and waterfront matters • Representation of parties in the developing markets for industrial hemp, cannabis, vapor intrusion and cannabidiol (CBD) • Use of the State of Wisconsin Voluntary Party Liability Exemption (VPLE) program • Use of federal and state “audit policy” tools to voluntarily disclose self-identified environmental noncompliance • Regulation of surface waters, wetlands, riparian rights, floodplains, LOMR/CLOMR issues, sediment remediation, stormwater and surface water drainage rights, and bluff stabilization and restoration matters, including as caused by climate change and elevated water levels