Holland & Knight has extensive experience representing clients in hazardous materials (HAZMAT) transportation penalty cases, as well as counseling clients on HAZMAT compliance. We have regularly advised on the U.S. Hazardous Materials Regulations (HMR) and the interaction between the HMR and international regimes, including the International Civil Aviation Organization (ICAO) technical instructions for the Safe Carriage of Dangerous Goods by Air and the corresponding International Air Transportation Association (IATA) Dangerous Goods Regulations. Our clients include shippers and carriers, including several airlines, and we have advised on HAZMAT products ranging from oxygen generators to lithium batteries.
Holland & Knight has handled numerous Federal Aviation Administration (FAA) HAZMAT investigations and penalty proceedings for both air carriers and companies shipping products by air. We have represented companies in HAZMAT investigations and penalty proceeding from agencies having jurisdiction over other modes of transportation, including the U.S. Coast Guard (USCG), Federal Motor Carrier Safety Administration (FMCSA) and Federal Railway Administration (FRA). At Holland & Knight, we understand the delicate balance between advocating vigorously for our client, while at the same time cooperating with a government investigation and demonstrating the credibility and integrity of our client's organization through specific actions such as corrective measures in order to mitigate penalties.
Representative cases include:
Holland & Knight provides legal advice to clients on a wide range of HAZMAT-related compliance and regulatory issues. For example, we assisted a multi-national equipment manufacturer in developing a strategy to change ICAO regulations with respect to a particular category of HAZMAT. In addition, we have counseled U.S. companies on contractual and other steps to ensure foreign suppliers comply with specific U.S. HAZMAT regulations without assuming liability for mistakes made by foreign suppliers. For example, Holland & Knight has:
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