Emily Tabak

Partner Environmental

Salt Lake City +1 801 877 8176

Emily Tabak

Overview

Emily Tabak is a partner in the Salt Lake City office of Kirkland & Ellis LLP and focuses on environmental regulatory matters in Kirkland’s Environmental Practice Group. Emily identifies strategic solutions in environmental regulatory compliance, with a particular focus on waste and chemicals management, contamination issues, emerging contaminants such as per- and polyfluoroalkyl substances (PFAS), multifacility audit management and disclosures, and enforcement response.

Emily has extensive experience helping clients navigate regulatory, permitting, and liability issues involving solid and hazardous waste, chemicals, site remediation, water quality, and air quality. She counsels clients managing complex audit and compliance processes, negotiates civil and criminal enforcement actions, and prepares submissions including reporting and disclosures to federal and state authorities and insurers. Emily also regularly advises clients involved in multiple industry sectors, including energy and resources, mining, oil and gas, aggregates, and electric power, focusing on liability and compliance related to changing federal and state environmental rulemaking, requirements and developments. Her experience includes regulations under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), and other statutory schemes. Since joining Kirkland, Emily has represented private equity firms, portfolio companies, public companies, and other stakeholders in developing environmental compliance strategies and risk assessments in the context of complex transactions, enforcement and litigation matters, and restructuring matters.

Prior to joining Kirkland, Emily was involved in the following matters:

Chemicals and Toxics Compliance

  • Advises on Toxic Substances Control Act (TSCA) regulatory developments, including manufacturing, importing, processing and distribution requirements for new and existing chemicals
  • Counsels on TSCA Chemical Data Reporting (CDR) requirements for manufacturers and importers
  • Manages disclosures and reporting related to auditing and releases under the Emergency Planning and Community Right-to-Know Act (EPCRA), including the Toxics Release Inventory (TRI) program
  • Reviews draft legislation, regulatory proposals, and enforcement trends for existing and emerging chemicals, including updates related to perfluorinated compounds (PFAS)
  • Advises on pesticides and pesticide devices and related requirements under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)

Waste Management and Site Contamination Issues

  • Counsels on compliance with Resource Conservation and Recovery Act (RCRA) waste management, disposal and recycling regulations applicable to hazardous waste generators (Large, Small, and Very Small Quantity Generators), Transporters, and Treatment, Storage, and Disposal Facilities
  • Analyzes rule proposal impacts, including Coal Combustion Residuals (CCR) issues, consulting on permitting, preparing submissions to federal and state authorities, and assisting with enforcement actions
  • Advises on implementation of hazardous waste disposal, recycling, and emergency incident policies in multiple states, including preparation of company policies, inspection talking points, and employee training materials
  • Counsels clients on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state corollaries regarding ongoing site remediation plans and issues arising out of agreements with state and federal regulators, site owners, and adjacent landowners
  • Responds to internal and external information requests on behalf of clients with federal agencies and insurers
  • Analyzes legacy contamination liability and options before and after site acquisitions
  • Advises on notification and reporting requirements and enforcement actions

Water and Air Enforcement

  • Responds to internal and external information requests and enforcement by federal and state agencies and insurers under the Clean Water Act (CWA) and Clean Air Act (CAA)
  • Advises clients and negotiates with agencies regarding groundwater contamination, remediation and cost recovery efforts
  • Manages internal audits, investigations, and disclosures
  • Represents clients on proposed permit modifications in preparation for pre-application meetings with state agencies
  • Advises clients regarding legal exposure to natural resource damages, regulatory requirements, and potential penalties related to discharges/releases

Client Results

  • Represented mining clients in legacy contamination cleanup, counseling on related liability and compliance requirements
  • Represented mining and chemical company in efforts to address legacy compliance issues related to waste management and water quality
  • Represented major power plant in implementation of generator regulations and coal combustion residuals rule requirements
  • Represented fuel supply and refining company in responding to oil spill, including in state and federal enforcement actions and insurance recovery
  • Represented chemical and aluminum manufacturers negotiating Potentially Responsible Party status at Superfund sites
  • Represented chemical manufacturer responding to insurer information requests related to citizen suits over PFAS found in groundwater and drinking water
  • Obtained a beneficial use determination designation (solid waste definition exemption) for product used as fuel from state agency on behalf of aggregates manufacturer
  • Represented defense contractor obtaining state agency utility construction permission prior to permit issuance and advising on waste permit compliance advisories, including negotiation of compliance orders involving Supplemental Environmental Projects
  • Represented major cosmetics retailer (advising dozens of Very Small Quantity Generators) on RCRA regulations in multiple states, including implementation of new disposal and recycling policies

Judicial ClerkHonorable Robert KirschSuperior Court of New Jersey

Holland & Hart LLP

K&L Gates LLP

Kramer Levin Naftalis & Frankel LLP

More

Thought Leadership

Publications

Co-Author, “New EPA Guidance Clarifies When Data Centers and Other Operators May Utilize Emergency Backup Generators to Support Local Power Supply,” Kirkland Alert, May 2025

Co-Author, “Mining Law of 1872: Proposed Modernization, Recommendations, and Anticipated impacts on Permitting,” Natural Resources & Energy Law Institute, vol. 70, 2024

Co-Author, “EPA Issues Four Final Rules Targeting Emissions From Power Plants,” Kirkland Alert, May 2024

Co-Author, “PFAS Update: EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA,” Kirkland Alert, April 2024

Co-Author, “PFAS Update: EPA Announces its First Enforceable and Final National Drinking Water Standards for Certain PFAS,” Kirkland Alert, April 2024

Co-Author, “EPA Finalizes Long-Awaited, Extensive Rule Targeting Methane Emissions in Oil and Natural Gas Operations,” Kirkland Alert, December 2023

Co-Author, “PFAS Update: EPA Releases New Final Reporting Rule Requiring 2011-2022 Data from Companies that Have Manufactured or Imported Products Containing PFAS,” Kirkland Alert, November 2023

Co-Author, “New Asbestos Reporting Rule Likely to Generate Challenges and Litigation,” Kirkland Alert, September 2023

Co-Author, “Seeking Clarity, the U.S. Supreme Court Narrows Clean Water Act Jurisdiction over Wetlands in Sackett v. EPA,” Kirkland Alert, June 2023

Co-Author, “EPA Proposes Rule to Expand Requirements for Coal Ash at Power Plants: Notable Features, Implications and Next Steps,” Kirkland Alert, June 2023

Co-Author, “EPA’s Proposed New Emission Limits are Latest Development in Conflicting Visions to Regulate Power Plants,” Kirkland Alert, May 2023

Co-Author, “EPA’s Final Good Neighbor Plan for the 2015 Ozone National Ambient Air Quality Standards: Notable Features, Implications and Next Steps,” Kirkland Alert, April 2023

Co-Author, “PFAS Update: EPA Proposes National Standard to Regulate PFAS in Drinking Water,” Kirkland Alert, March 2023

Co-Author, “PFAS Update: European Chemicals Agency Publishes Proposal That Would Ban or Severely Restrict the Manufacture, Use and Marketing of Thousands of Broadly Used Man-Made PFAS Chemicals,” Kirkland Alert, February 2023

Co-Author, “Biden Administration Proposes Stricter Standards for Oil and Gas Methane Emissions,” Kirkland Alert, November 2022

Co-Author, “EPA Makes the Next Move in Increasing Regulation of Certain Broadly Used Man-Made PFAS Chemicals Under CERCLA,” Kirkland Alert, September 2022

Co-Author, “The Inflation Reduction Act is Signed into Law by President Biden: Key Energy and Infrastructure Provisions,” Kirkland Alert, August 2022

Co-Author, “Manchin-Schumer Inflation Reduction Act: Proposed Environmental and Climate Policy Initiatives,” Kirkland Alert, August 2022

Co-Author, “The Major Questions Doctrine Reigns Supreme in West Virginia v. Environmental Protection Agency — Implications for Climate Policy and Impact Investing,” Kirkland Alert, July 2022

Co-Author, “Biden Administration Announces Major Environmental Justice Enforcement Initiatives,” Kirkland Alert, May 2022

Co-Author, “New Lease Areas, Record-Breaking $4.37B Lease Sale Showcase Big Bet on the U.S. Offshore Wind Sector — What Comes Next?” Kirkland Alert, April 2022

Co-Author, “Key Environmental Liability Considerations in Bankruptcy Actions,” New Jersey Lawyer, October 2016

Co- Author, “Environmental Obligations in United States Bankruptcy Actions: An Analysis of Two Key Issues,” INSOL International News Update, April 2018

Speaking Engagements

Presenter, “Mining Law of 1872: Proposed Modernization Recommendations and Anticipated Impacts on Permitting,” 2024 Foundation for Natural Resources and Energy Law Conference, 2024

Panelist, “EPA Final Rule Targeting Methane Emissions: Covered Entities, Advanced Technology, Third-Party Super Emitter Monitoring,” Strafford Webinar, April 2, 2024

Moderator, “How Do We (Re)build Careers for Working Parents in Utah Post- Pandemic?” Utah Business Magazine Webinar, March 24, 2021

Recognition

Environmental Editorial Advisory Board Member, Law360, 2025

500 Leading Environmental Lawyers, Lawdragon, 2024–2025

Environment: Transactional, The Legal 500 U.S., 2023

Rising Star, Environmental, Mountain States Super Lawyers, 2020–2021

Utah Legal Elite, Environmental, Utah Business Magazine, 2021

Utah Legal Elite and Up & Coming, Utah Business Magazine, 2020

Rising Star, Environmental, New Jersey Super Lawyers, 2019

Memberships & Affiliations

Board Member and Retreat Chair, Women Lawyers of Utah, 2020–2023

Member, Women’s Energy Network, Utah Chapter, 2019–Present

Member, Utah State Bar, Energy, Natural Resources, and Environmental Law Sections

Credentials

Admissions & Qualifications

  • 2018Utah
  • 2012New Jersey
  • 2012New York

Courts

  • United States District Court for the District of New Jersey
  • United States District Court for the District of Utah
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York

Education

  • New York University School of LawJ.D.2011
    Senior Notes Editor & Executive Board, Journal of Legislation and Public Policy
  • The Ohio State UniversityB.A.summa cum laude2007