Ethan R. Ware

Shareholder

eware@mcnair.net
vCard
Assistant Kathy Upton
kupton@mcnair.net
803 753 3344 Direct

Columbia

1301 Gervais Street
11th Floor
Columbia, SC 29201
Mailing Address
803 799 9800 Main
803 753 3219 Fax
Overview

Ethan Ware is a Shareholder in the Columbia, South Carolina office of McNair Law Firm, P.A. and manages the administrative/regulatory and governmental/legislative affairs sections of the Firm. Ethan's practice is limited to representation of industry and business in environmental and health and safety legal matters. He has appeared on behalf of business in negotiations relating to environmental permits, in defense of environmental and OSHA enforcement actions by state and federal agencies, in defense of toxic tort lawsuits, and on behalf of industry in criminal and civil environmental actions. 

Ethan's practice also involves review of environmental issues in transactions and environmental and health and safety training and auditing programs. Ethan has an active Southeastern practice on behalf of industry and business.  Ethan has authored many articles on timely environmental issues for the South Carolina publication, Business Journal, and the South Carolina Law Journal. He works with Western Carolina Industries and other business related trade associations, providing environmental and OSHA programs. Ethan is best known for his accomplishments in air, hazardous waste, and wetlands law.

In 2001, EPA withdrew allegations of noncompliance with the Clean Air Act NSPS requirements against a steel mill based on Ethan’s successful arguments on applicability of the coil coating regulations to a coil process. In 1994, he secured an often cited OSWER opinion from EPA that allowed a web coating concern to transfer hazardous waste into multiple containers during treatment without violation of RCRA’s 90-day treatment exemption. Ethan also successfully negotiated a variance to VOC emissions standards (RACT) for a Tennessee paper coater in 1998 allowing the plant to emit three times the regulatory standard of VOCs. In 1992, he received a ruling holding South Carolina’s 401 Water Quality Certification regulations violated the Clean Water Act when used as part of a wetland permit review. From 1999-2003, Ethan negotiated site-specific water quality criteria for a river in Mississippi, allowing a discharger in the state to increase permit limits by ten times the permit level.

 
Recent Engagements

  • Air Permitting/NSPS Regulations Applicability/PSD Permitting for many manufacturers and secured restrictions on 401 Water Quality Certification Authority
  • Secured beneficial outcomes in OSHA Exposure Case
  • Secured beneficial outcomes in Air Permitting/PSD/Flexible Permitting
  • Secured beneficial outcomes in TSCA Registration
  • Defense of nuclear and solid waste landfill permit appeal
  • Defense of EPA action to fine a company for alleged violations of TSCA premanufacture notification requirements.
  • Successful challenge against State enforcement of 401 water quality standards for wetlands filling project.
  • Successful defense of OSHA benzene exposure allegation and enforcement action.
  • Successfully obtained a variance to State RACT standards for VOC air emissions.
  • Assisted in successfully filing State and Federal voluntary disclosure for environmental violations.

 
Awards and Recognition
 
Professional and Community Involvement
  • Chairman, Natural Resources and Environmental Section of the South Carolina Bar (1994-95)
  • Technical Committee, South Carolina Chamber of Commerce