Byron is an associate in the Environmental and Natural Resources Practice Group.  His practice focuses on all aspects of environmental law, most particularly regulatory compliance, permitting, defending federal and state enforcement actions and environmental litigation.

Representative Experience
Represented one of the nation’s largest banks in the financing of a 55MW utility-scale solar facility (approximately $250MM in value) in New Mexico. The bank provided the construction financing and will provide the long-term financing.

Advised client in obtaining a Clean Water Act permit from the Corps of Engineers and a State Buffer Variance from Georgia EPD, in the face of organized citizen opposition, for a 155-acre industrial by-product storage facility.

Represented residential developer and homebuilder in a joint federal and state enforcement action concerning unpermitted stormwater detention structures.  Successfully negotiated an after-the-fact permit from the Corps of Engineers, with no federal penalty and a significantly reduced state penalty.

Represented developer and homebuilder in Clean Water Act citizen suit in federal court.  The representation included advising client with respect to dam removal and stream restoration under a negotiated settlement.

Represent industry association in appeal of EPA greenhouse gas regulations in the U.S. Court of Appeals for the District of Columbia Circuit.

Represented industry association in a rulemaking and litigation regarding Georgia’s inclusion in a major interstate air quality rulemaking.  The representation included a presenting successful arguments to the U.S. Court of Appeals for the District of Columbia that the state petitioner lacked standing for its appeal.

Represented developer in obtaining an after-the-fact Corps of Engineers’ permit for two unpermitted lakes, totaling 25 acres.

Advised major electric utility hydroelectric division regarding riparian and other property rights issues with respect to lakefront land owners.

Advised client on property ownership rights in a high quality underground water supply.

Advise financial institution on Clean Water Act, Erosion and Sedimentation Act, nuisance and trespass liability with respect to foreclosure on stalled residential development.

Advise clients on federal and state water quality and wetland permitting for large infrastructure projects in several southeastern states.

Counsel clients on new wetlands, stormwater and air quality regulations and assists individual clients and industry associations with preparing and filing comments in regulatory rulemakings.

Counsel major electric utility with respect to recent EPA safe dams inspections for coal ash storage facilities.

Reported Decisions

North Carolina v. EPA, 587 F.3d 422 (DC Cir Nov. 24, 2009).

Publications                                                             
Peter Glaser, Mack McGuffey and Byron Kirkpatrick, Regulating GHGs Under The Clean Air Act, Law360, Portfolio Media, Inc., (www.Law360.com) (March 2009).

Byron W. Kirkpatrick, Presidential Prerogative Under the Endangered Species Act, ABA Nat. Res. & Env't (Summer 2008).

Peter S. Glaser, Douglas A. Henderson, Mack McGuffey, and Byron W. Kirkpatrick, Global Warming Solutions:  Regulatory Challenges and Common Law Liabilities Associated With The Geologic Sequestration of Carbon Dioxide, 6 Geo. J. L. & Pub. Pol'y 429 (2008).