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 trial and appellate partner at Troutman Sanders with a national practice in environmental litigation, toxic tort litigation, mass torts, and property rights litigation. Doug has tried numerous cases to verdict involving chemical exposure, groundwater contamination, personal injury, endangered species, and property rights cases. Doug also litigated cases involving water rights, reservoirs, surface mining, pipelines and storm water runoff.

As appellate counsel, Doug has successfully argued several leading environmental and property rights cases. As amicus counsel, Doug has represented the Edison Electric Institute, the National Mining Association, the American Farm Bureau Federation, and the Georgia Chamber of Commerce, to name a few. In addition, Doug provides counseling on a wide range of matters involving RCRA, the Clean Water Act, the Clean Air Act, CERCLA, TSCA, and SMCRA. A Ph.D. scientist and lawyer, Doug offers considerable experience in trying cases involving expert testimony on air quality, hydrology, and epidemiology.

Recently, Doug was named "Litigation - Environmental Atlanta Lawyer of the Year" by Best Lawyers (2014).

In addition, Doug is regularly ranked as one of the Top 100 lawyers in the State of Georgia by Atlanta Magazine Superlawyers. Doug also is listed in the Best Lawyers in America in three categories, Chambers USA, the Legal 500, and the Georgia Trend Legal Elite.

Recent Reported Cases
EME Homer City Generation v. EPA, 696 F.3d 7 (D.C. Cir. 2012).

Solutia v. McWane, 672 F.3d 1230 (11th Cir. 2012); Solutia v. McWane, 726 F. Supp. 2d 1316 (N.D. Ala. 2010).

Comer v. Murphy Oil Co., 607 F.3d 1049 (5th Cir. 2010).

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).

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

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

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

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

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

Representative Experience
Lead counsel for electric utility defending first RCRA and SMCRA citizen suit filed by Sierra Club involving coal ash disposal.

For electrical manufacturer, lead counsel in successful 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 winning week-long jury trial involving property devaluation associated with percholoroethylene.

First chair in successful two-week jury trial involving endangered species in valuation of transmission line easement.

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

First chair in winning three week jury trial involving negligent construction of wastewater treatment facility.

Lead counsel in RCRA citizen suit involving claims of vapor intrusion and property devaluation.

Lead counsel in numerous condemnations, from special master hearings, to jury trial to final appeal.

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 numerous companies in show cause hearings on CERCLA and EPCRA.

Presentations and Speaking Engagements
Program Chair, The Seminar Group 13th Annual Georgia Water Law and Regulation , March 19, 2014.

Program Co-Chair, ICLE Toxic Torts Seminar (2002, 2003, 2005, 2011, 2014).

Regularly lectures at CLE seminars on toxic torts, environmental litigation, and property disputes.

Publications
"Environmental Class Actions After Dukes: Is 'Rigorous' Analysis the New Rule of Law?" Bloomberg BNA Class Action Litigation Report, 2012.

"Preparing for a Regulatory Inspection," Electric Perspectives, July/August 2011.

"Vapor Intrusion Litigation Under RCRA: Where Environmental Law Meets Toxic Torts," 26 BNA Toxics Law Reporter 140, 2011 (with Jeff Hayward).

"Reverse Bificuration: Litigating Damages Before Causation?" 25 ABA Natural Resources & Environment, 2010.

Global Warming Solutions: Regulatory Challenges And Common Law Liabilities Associated With The Geologic Sequestration Of Carbon Dioxide. 6 Georgetown Journal of Law and Policy 429, 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 Judge Amanda Baxter).

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

Other Distinctions
Named “Litigation - Environmental Atlanta Lawyer of the Year” by Best Lawyers (2014).

Ranked as one of the Top 100 lawyers in the State of Georgia by SuperLawyers.

Recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA, identified as Tier 1 lawyer (2005-2014).

Top Verdicts of 2009, State of Georgia, Daily Report.

Recognized in The Best Lawyers in America in these categories: Environmental Law, Mass Tort Litigation/Class Actions - Defendants, Litigation - Environmental (2006-2014).

Identified as one of the Top 500 lawyers in America, Legal500.com.

Named to the Top Rated Lawyers Guide to Energy/Environmental/Natural Resources Law (2012).

Work Experience
Partner, Troutman Sanders LLP, 2001-present
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
  • Georgia Institute of Technology, M.S., 1983
  • The George Washington University, B.A., 1981


Bar Admissions

  • Georgia


Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fifth 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, Environmental Law Section, 1999 - 2000
  • Chair, State Bar of Georgia, Agricultural Law Section, 2000 - 2005