Douglas A. Henderson

Partner

Atlanta
Business Phone: 404.885.3479
Business Fax: 404.962.6584

douglas.henderson@troutmansanders.com

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Doug is a Partner at Troutman Sanders with a national practice in environmental law, toxic tort litigation, and property rights litigation.  As first or second chair, Doug has tried several chemical exposure and groundwater contamination cases, contract disputes involving environmental issues, condemnation cases involving endangered species, and similar cases.  Doug also litigated cases involving water rights, surface mining, and storm water runoff.  As appellate counsel, Doug has successfully argued several leading environmental and condemnation cases, and Doug has represented numerous associations and interest groups as amicus, including the Georgia Chamber of Commerce, the Washington Legal Foundation, and the Georgia Industry Association, to name a few.  In addition, Doug represents clients on matters involving Citizen Suits and agency enforcement actions under RCRA, the Clean Water Act, the Clean Air Act, CERCLA, TSCA, HMTA, and disputes involving occupational health and safety.  Doug also offers considerable experience in identifying and managing complex environmental issues in real estate, lending, and corporate transactions.  A Ph.D. scientist and lawyer, Doug offers considerable experience in cases involving expert testimony on air quality, hydrogeology, causation, exposure issues, and epidemiology. 

For many years, Doug has taught environmental and health law at the University of Georgia College of Law and at the College of Public Health, and, before practicing at Troutman, Doug taught statistics at the University of Michigan.

Doug is listed in the Best Lawyers in America, Chambers USA, and Law and Politics Super Lawyers. 

Areas of Expertise:  Environmental Law; Toxic Torts; Environmental Litigation; Eminent Domain and Condemnation

Recent Reported Cases  
Massachusetts v. EPA, 127 S. Ct. 1438 (2007) (USEPA Regulation of Global Warming); Massachusetts v. EPA, 415 F.3d 5 (D. C. Cir. 2005).

Honey Business Interests LLLP v. Georgia Power Co., 2008 Ga. App. LEXIS 392 (Ga. App. 2008).

Evans v. Walter Industries, Inc., 449 F. 3d. 1159 (11th Cir. 2006) (Class Action Fairness Act)

Fulton County v. City of Atlanta, 629 S.E.2d 196 (Ga. 2006) (Dormant Commerce Clause)

Payne v. Terrell, 280 Ga. 51, 622 S.E.2d 330 (2005) (Environmental Nuisance)

City of Cairo v. Hightower Consulting Engineers, Inc. et al., 629 S.E.2d 518 (Ga. App. 2006) (Wastewater Treatment Plant Negligence)

Georgia Power Co. v. Jones, 626 S.E.2d 554 (Ga. App. 2006) (Eminent Domain)

Sprayberry Crossing Partnership v. Phenix Supply Co., 617 S.E.2d 6 (Ga. App. 2005) (Environmental Nuisance)

Mosteller Mill, LLLP v. Georgia Power Company, 609 S.E.2d 211 (Ga. App. 2005) (Eminent Domain)

Representative Experience 
For public electronics company, lead counsel in defense of class action involving claims of personal injury and property devaluation related to PCB and lead exposure in Anniston, Alabama

For major electric utility, lead defense counsel in first challenge to surface water withdrawal permit issued by the Georgia Environmental Protection Division

Represented plaintiff real estate partnership in a week-long jury trial involving devaluation associated with listing on the Georgia Hazardous Site Inventory

First chair in jury trial involving endangered species in valuation of transmission line easement

For local government, lead defense counsel in toxic tort action involving personal injury and property damage associated with closed municipal landfill

First chair in the successful three week jury trial involving negligent construction of wastewater treatment facility

Lead counsel in RCRA citizen suit involving diminution in value of hotel property impacted by leaking UST system

Environmental counsel to U.S. subsidiary of Japanese electronic corporation on OSHA investigation involving employee exposure to lead dust in assembly operation

Lead outside environmental counsel for major brownfield developments throughout the U.S.

Lead counsel for transportation company in show cause hearing on CERCLA and EPCRA.

Presentations and Speaking Engagements
Program Co-Chair, ICLE Toxic Torts Seminar (2002, 2003, 2005)

Regularly lectures at CLE seminars on toxic torts, environmental litigation and condemnation 

Publications
Global Warming Solutions: Regulatory Challenges And Common Law Liabilities Associated With The Geologic Sequestration Of Carbon Dioxide.  6 Georgetown Journal of Law and Policy (forthcoming 2008) (with Peter Glaser, Mack McGuffey, and Bryon Kirkpatrick)

Massachusetts v. EPA Global Warming Decision: What Does it Mean? 22 ABA Natural Resources & Environment. 48-50 (2007) (with Peter S. Glaser)

“Leaking Underground Storage Tanks as Abnormally Dangerous Activities,” 14 Penn State Environmental Law Review (2006) (with Mack McGuffey). 

Georgia Administrative Law Digest of Environmental Decisions, LexisNexis Matthew Bender, 2004 (with Amanda Baxter).

"MTBE: A story of Air, Water and Civil Procedure," 19 ABA Natural Resources & Environment, 2005 (with Mary McLemore).

"The Pesticide (or Farmer’s) Exclusion Under CERCLA." 15 Journal of Environmental Law and Litigation 2001.

"Structuring Corporate and Real Estate Transactions Involving Contamination" Georgia Bar Journal, April 1998 (with John Johnson & Michael Childers).

"Congressional Reform of Lender and Fiduciary Liability Under CERCLA and RCRA: Is Fleet Factors Finally Dead?" 114 Banking Law Journal 210, 1997.

"Property Owners Beware: Georgia’s New Superfund Framework Takes Shape," Georgia Bar Journal, 31(2), 1995 (with Hollister Hill).

"Environmental Liability and the Law of Contracts." 50 The Business Lawyer 183, 1994.

Other Distinctions
Named in The Best Lawyers in America in 2006 for Environmental Law

Selected as 2004, 2005 Super Lawyer by Law & Politics and Atlanta Magazine for Environmental Law excellence

Recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA. (2005, 2006)

Work Experience
Partner, Troutman Sanders LLP, 2001-present
Team Leader, Toxic Torts and Environmental Litigation
Associate, Troutman Sanders LLP, 1993-2001

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Education

  • University of Kentucky, J.D., 1993
  • University of Michigan, Ph.D., 1990
  • University of Michigan, M.S., 1990
  • University of Michigan, M.U.P., 1987
  • Georgia Institute of Technology, M.S., 1983
  • George Washington University, B.A., 1981


Bar Admissions

  • Georgia


Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia


Memberships

  • Member, Judicial Procedure Committee, State Bar of Georgia, 1997 – 2006.
  • Chair, State Bar of Georgia, Agricultural Law Section, 2000 - 2005
  • Chair, State Bar of Georgia, Environmental Law Section, 1999 - 2000