Education
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Duquesne University Law School, J.D., cum laude, 1976
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Case Western Reserve University, B.A., 1972
Bar Admissions
Court Admissions
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U.S. Supreme Court
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U.S. Court of Appeals for the 2nd, 3rd, 4th, 5th, 6th, 10th and 11th Circuits
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Henry Chajet counsels and represents clients in environmental, health and safety (EH&S) matters, focusing on crisis management, dispute resolution, trial and appellate litigation, standard setting, liability prevention and regulatory and congressional proceedings. He defends investigations and enforcement actions by OSHA, MSHA, EPA, DOT, NTSB, NIOSH, and other federal and state agencies, as well as in related tort claims and criminal cases, and in EH&S whistleblower or discrimination claims.
To achieve an integrated defense strategy at the initiation of a government investigation or enforcement action, Mr. Chajet coordinates technical experts, insurance issues, government interviews and document production, and public relations experts. He has extensive experience representing clients in cases involving fatal or serious injuries, explosions, chemical releases, fires, manufacturing, transportation and construction accidents, mine disasters and allegations of product toxicity or community harm.
Mr. Chajet also provides regulatory and congressional counseling, loss prevention audits, management training services, and public policy counseling and lobbying for companies and trade associations. He has represented companies and numerous coalitions in environmental and occupational health matters, both in the regulatory process and in managing related scientific research. For ten years, he has served as counsel to a coalition of diesel engine users who conduct health effects research in conjunction with government agencies and participate in diesel-related regulatory matters.
In appropriate circumstances, Mr. Chajet combines litigation with public policy initiatives to achieve client goals. He has won numerous precedent-setting cases (e.g., a corporation engaged in good faith loss prevention efforts is not a "guarantor" of workplace safety; defective toxic substance analytical procedures used by the government rejected; defective dust legislation rejected by U.S. Circuit Court of Appeals.) Mr. Chajet's most important victories, however, go unreported, because they prevent inappropriate "white collar criminal" indictments, avoid monetary losses, obtain settlements from responsible third parties and insurance carriers, and minimize fines through privileged and confidential fact finding, management of experts, and negotiations in regulatory enforcement proceedings and related claims.
Representative Matters:
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Coordinated the liability prevention crisis management efforts following a severe rail car explosion and chemical reaction in the United States and Canada in 2002, and assisted in the successful insurance recovery efforts in 2003.
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Obtained an injunction against the adoption of an unsupported (ACGIH) chemical exposure standard, initiated discovery on related product defamation claims, and testified before Congress on improper health effects rulemaking; result was withdrawal of the standard and a public apology to clients (2000-2001).
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Led a crisis management and defense team in defending a $350 million loss resulting from an explosion that leveled an industrial facility; defended a six month investigation by dozens of state and federal investigators; defended a criminal investigation and coordinated local counsel; and defense of thirteen class actions on behalf of 35,000 plaintiffs. The Patton Boggs team successfully resolved all investigations and enforcement actions, and coordinated a team of experts that helped recover almost the entire financial loss, resolve the tort actions, and helped recover insurance coverage to rebuild the plant (1999-2002).
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Two highly significant appellate court victories: one mandating feasibility for a new occupational health standard and the other obtaining an injunction against a federal agency for violations of the Federal Advisory Committee Act in planning and conducting research; helped win major industry litigation victories by challenging government policies and obtaining favorable court definitions of statutory enforcement terms: "significant and substantial" violations and "unwarrantable failures" to comply (1998 and 1999).
Professional Affiliations:
Adjunct professor, health and safety law, the Johns Hopkins University Graduate School of Public Health, 1984 to 1999.
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