Leah Hurtgen Ziemba

Leah Hurtgen Ziemba takes a big-picture approach in advising clients as they face challenges on environmental, food safety, and regulatory compliance issues, drawing on experience gained in cases involving the EPA, FDA, and other public agencies.

Leah’s success as a counselor, litigator and negotiator reflects her combination of subject matter expertise, industry knowledge, and creativity. Her work includes:

• Counseling clients through legal issues associated with PFAS and other contamination plumes that impact drinking water resources and residential homes

• Investigating, assessing, and remediating vapor intrusion issues at sites with historic solvent contamination

• Providing environmental liability assessments and risk management during transactional due diligence

• Implementing the Food Safety Modernization Act and advising on food labeling matters

• Navigating local, county, and state environmental regulations to permit and build or expand manufacturing facilities and commercial dairy operations

Leah has successfully negotiated State Pollutant Discharge Elimination System-related consent orders for agribusinesses with state regulatory agencies and the EPA. She has experience with Per-and Polyfluoroalkyl substances (PFAS), including performing detailed legal analyses regarding the extent of state and federal regulatory authority related to PFAS compounds, evaluating PFAS-focused supply chain requirements, and advising clients on best practices to assess current and historical PFAS risk exposures and related considerations.

Additionally, Leah advises manufacturers, food and beverage companies, consumer products companies, distributors, retailers, packaging suppliers, and trade associations on compliance with state Extended Producer Responsibility (EPR) laws. Her work includes evaluating producer status and applicability, navigating Circular Action Alliance and other Producer Responsibility Organization requirements, assessing covered materials and reporting obligations, structuring contractual allocation of EPR responsibilities, monitoring state rulemakings and litigation, and developing practical multi-state compliance programs. Leah regularly provides executive briefings, compliance planning, and strategic counseling on state EPR programs.

Member, New York State Bar Association

Member, Wisconsin State Bar Association

Member, American Bar Association

Member, Michael Best Women’s Development Group

Notable matters include:

Assisted a client that planned to open a large-scale dairy farm with environmental and regulatory permitting processes at the local, county, and state level.

Advised numerous manufacturers regarding EPR applicability producer status determinations, covered packaging assessments, and multi-state EPR compliance obligations.

Assisted companies with CAA registration requirements, review of CAA contractual documentation, and interpretation of state-specific PRO obligations.

Advised manufacturers responding to CAA compliance and delinquency notices.

Advised a client involved in aluminum die-casting manufacturing on responding to soil, groundwater, and vapor intrusion contamination at an industrial location and off-site properties including counseling the client through a comprehensive environmental site investigation and several response actions. The client settled state and federal class action lawsuits and obtained a favorable historic insurance coverage settlement.

Worked on regulatory issues for a client providing animal health and veterinary health supplies and services. As part of a regulatory review of business structure in multiple states, Leah assisted with regulatory due diligence for an equity acquisition and also provided regulatory compliance training to company employees.

Guided a vegetable processor during acquisition due diligence. Leah advised on environmental and food safety matters to ensure seamless transition and continued production after acquisition.

Advised an agribusiness on FDA enforcement regarding drug residue matters. Leah reached settlement with the FDA that addressed compliance matters that allowed the operation to continue operating and drafted going-forward compliance documents.

Counseled a former wire manufacturer on soil, groundwater, and vapor intrusion concerns at historic manufacturing facility that was redeveloped for housing purposes. Leah assisted in addressing an immediate need regarding vapor intrusion risks to redeveloped housing property, and also advised on enforcement defense and regulatory compliance matters to bring site to regulatory closure.

Serves as the general counsel for a dairy trade association. Leah advises on corporate governance matters as well as environmental, labor, and employment, immigration and other matters affecting dairy farms in the Northeast U.S.

Counsels clients on compliance with California’s Proposition 65 warning requirements, including applicability issues for manufacturers, producers, suppliers, distributors, and retailers.

Prior to attending law school, Leah built her knowledge of the regulatory area working as a public policy specialist, regulatory coordinator and lobbyist in Albany, New York.

Syracuse University

Juris Doctor (J.D.)

2006

Cornell University

Bachelor of Science (B.S.)

2001