In its September 2018 small cell order, the FCC sought to speed carrier deployment of 5G wireless facilities in public rights-of-way by removing “barriers to infrastructure investment.” As we noted in an earlier entry, the order greatly restricts the ability of state and local jurisdictions to manage their own rights-of-way or to receive more
Eric Gotting serves as a partner in the firm’s litigation and environmental practice groups specializing in complex civil and appellate matters, as well as internal investigations and regulatory compliance. He focuses on a broad range of legal issues, including administrative law, agency enforcement actions, toxic torts, product liability, general business litigation, and regulatory compliance. He works with a diverse set of industries, including chemicals, plastics, pesticides, fuels/pipeline, food/packaging, consumer goods, telecommunications, and e-cigarettes/e-liquids. Mr. Gotting joined Keller and Heckman in 2011, and is a former Am Law 50 litigation partner and U.S. Department of Justice trial attorney.
Litigation and Regulatory Compliance Experience
Mr. Gotting has handled cases across the country, having tried matters to verdict and argued appeals before federal and state appellate courts. His experience includes class actions, mass tort litigation, administrative law, and agency proceedings. Between 1999 and 2004, Mr. Gotting took leave from private practice and served as a trial attorney with the U.S. Department of Justice’s Civil Division, Environmental Torts Section, where he defended the federal government in multimillion dollar toxic tort cases filed under the Federal Tort Claims Act.
Mr. Gotting has litigated and counseled clients on challenges to federal and state statutes, regulations, and orders. His experience covers various constitutional and administrative law issues, including the Administrative Procedure Act (APA) and state equivalents, the Dormant Commerce Clause, the First Amendment, the Due Process Clause, federal preemption, and the Freedom of Information Act (FOIA). He also has filed amicus briefs in litigation involving significant regulatory issues facing a variety of industrial sectors. As part of recent efforts by Congress to reform the Toxic Substances Control Act (TSCA), Mr. Gotting provided chemical manufacturers with extensive advice regarding preemption issues and co-authored two American Bar Association “white papers” on federal/state relations.
Enforcement Actions, Internal Investigations, and Regulatory Compliance
Mr. Gotting has defended enforcement actions and provided regulatory compliance counseling in a number of areas, including chemical and pesticide control, hazardous waste, pipeline safety, the Clean Air Act, the Clean Water Act, occupational safety and health, Superfund cost-recovery actions, insurance coverage disputes, the Food, Drug and Cosmetic Act, and the Chemical Weapons Convention.
Mr. Gotting also has conducted extensive internal corporate investigations regarding potential regulatory compliance and litigation-related liabilities, including toxic torts, product liability, consumer fraud, and commercial contract disputes.
Recently, Mr. Gotting has advised clients on several emerging issues, including e-vapor products, nanotechnology, hydraulic fracturing, the Securities and Exchange Commission’s conflict minerals reporting rule, Green Chemistry laws, the regulation of genetically-modified organisms (GMOs), the Globally Harmonized System amendment to OSHA’s HazCom Standard, and coal ash.
Mr. Gotting has extensive experience litigating toxic tort cases involving claims of personal injuries and property damage from alleged exposures to materials such as volatile and semi-volatile compounds, specialty chemicals, pesticides, gasoline, radioactive waste, and heavy metals. He has defended claims involving the entire range of environmental media, including drinking water, soil, groundwater, and air contamination. He has worked with, and defended against, experts in numerous scientific and business-related fields, including toxicology, geochemistry, hydrogeology, structural engineering, neuropsychology, health physics, survey techniques, statistics, real estate appraisal, and environmental remediation.
Mr. Gotting currently serves on the firm’s Marketing Committee and Pro Bono Committee. He also served on the King Farm Citizen Assembly’s External Affairs Committee in 2005 through 2009. He has provided various pro bono legal services throughout his career, working with groups such as the Legal Counsel for the Elderly and serving as an appointed attorney in federal habeas cases.