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Permitting Coal to Biomass Conversion
Representing large southeastern utility company in construction permitting process for converting a large coal-fired power plant to one of the largest biomass-fueled boilers in the country.
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Chemical Facility Anti-Terrorism Standards
Advising manufacturing client in compliance with the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards
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Title V Compliance Certifications
Advising several clients on completion and submission of annual compliance certifications required for major sources subject to Title V of the Clean Air Act.
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Voluntary Cleanup of Contaminated Property under HSRA
Representing large manufacturing client in Northeast Georgia with voluntary cleanup of a release of hazardous substances at a site listed on Georgia's Hazardous Site Inventory.
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CFC Compliance Guidelines
Preparing guidelines for compliance with Title VI of the Clean Air Act regarding proper handling of ozone depleting substances.
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Environmental Due Diligence and Purchase and Sale Agreements
Assisting several large utility clients with environmental provisions in purchase and sale agreements for power plants located in the southeast and the midwest.
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Audit Policy to Avoid Penalties for Reporting Discrepancies
Advising several manufacturing clients on hazardous substance reporting requirements and use of EPA's audit policy to eliminate penalties for possible noncompliance.
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Amicus Brief to Georgia Court of Appeals in CO2 Case
Preparing amicus brief for the Georgia Chamber of Commerce in appeal at the Georgia Court of Appeals regarding whether a construction permit for a coal-fired power plant must contain carbon dioxide emission limits.
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Georgia’s Largest Brownfield Site Approved for Residential Development
Served as lead environmental counsel in assisting our client in performing environmental due diligence and positioning the property for entry into Georgia's Brownfields Program.
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CERCLA, Superfund Cost and Recovery
Negotiating NPL-listing deferrals for contaminated sites.
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Fish and Wildlife Coordination Act
Represent utility industry clients regarding impact assessments to fish and wildlife for federal licenses and permits, including consultation and negotiation of conditions.
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Environmental Regulation
Represent individual companies and trade associations on the gamut of air quality issues affecting coal-based electric generation.
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Franchises
Represent a major electric utility in negotiation of municipal franchises for location of facilities, and in review of existing franchises as part of due diligence for proposed acquisition.
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Generation Siting
Represent electric utilities in siting proceedings for coal-fired generating stations, with particular reference to environmental concerns.
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CERCLA/Superfund
Assuring that environmental due diligence meets "all appropriate inquiry" standards to assist in limiting environmental liability.
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Hydroelectric Projects: Licensing/Relicensing
Representation of and advice to large investor-owned utilities and municipalities on licensing and relicensing cases including settlement agreements.
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Biodiesel
Advised various biodiesel companies on applicable environmental regulatory requirements.
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Litigation Arising Out of Alleged Placement of Incinerator Site
Represented municipality in defense of environmental action by state regulatory authority for cost recovery following site remediation.
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NEPA/Archaeological & Historic Preservation
Advise clients on the applicability of historic and cultural resource requirements arising under NEPA and the NHPA.
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Alternative Energy Technologies
Represent client in financing and development of solar technology project to be located on Native American land.
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Greenhouse Gases
Represent trade association and public interest organization in "air pollutant" litigation.
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Greenhouse Gases
Represent defendant companies in litigation asserting that utility emissions of carbon dioxide constitute an actionable tort in federal courts in New York and Mississippi.
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Greenhouse Gases
Testified before Congress on U.S. EPA's authority to regulate greenhouse gas emissions.
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CERCLA - Environmental Cost Recovery Action
Defense of international electronics manufacturer in CERCLA cost recovery claims.
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Hydroelectric Projects: Compliance
Representation of and advice to large investor-owned utilities regarding land use management and other compliance issues.
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Condemnation
Lead counsel for public utilities in condemnation proceedings.
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Environmental Compliance Audits
Develop and conduct environmental compliance audits for potential vendors of a major corporation.
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Environmental Counseling
Advocate for clients on air quality issues, particularly those affecting electric generation and other energy-related activities.
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Compliance Management
Conducting comprehensive, multi-media environmental audits for large, complex, industrial facilities in various states.
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Compliance Management
Working with national and international companies in developing and implementing effective environmental management systems.
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Endangered Species/Archaeological & Historic Preservation
Representing client in several federal licensing proceedings for inland energy projects.
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Endangered Species/Archaeological & Historic Preservation
Assist clients as they work with federal agencies to prepare biological assessments.
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Endangered Species Act
Represent clients regarding threatened and endangered species.
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Contribution Action Arising Out of Superfund Site
Defense of PRP in connection with superfund liability at former fertilizer manufacturing facility.
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Endangered Species/Archaeological & Historic Preservation
Advise clients in situations where there is federal involvement leading to a Section 7 consultation, and where there is no federal involvement.
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Environmental Litigation
Conducting employee interviews to determine potential liabilities for companies and their executives.
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Environmental Litigation
Representing companies in responding to EPA Section 114 information requests.
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Clean Air Act - Enforcement Action
Defense of large utility company in Clean Air Act enforcement action brought by United States EPA.
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CERCLA/Superfund
Representing PRPs in numerous PRP group negotiations at Superfund sites throughout the United States.
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Environmental Litigation
Defending a major utility in litigation with the EPA over alleged violations of the new source review requirements of the Clean Air Act.
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CERCLA/Superfund
Serving as environmental counsel to one of Florida's largest cities with respect to two of its municipally-owned CERCLA sites.
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Coal Contracts
Long-term representation of large-scale purchaser of coal and rail transportation services for generation stations of multiple utilities.
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Coal Mining
Long-term representation of multiple coal mines on a variety of permitting, employment, commercial, regulatory and litigation issues.
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Environmental Litigation
Representing companies in responding to citizen suits under the Clean Air Act.
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Clean Air Act - Alleged Clean Air Emissions Violations
Counsel to major public utility company in connection with various matters.
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Clean Water Act
Defense of real estate developer in Clean Water Act citizen suit involving storm water runoff from construction activities and sediment fill at 30-acre lake.
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Air Quality
Provide analysis of permitting requirements needed to implement over $1 billion in pollution control and related equipment.
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Air Quality
Defend numerous toxic tort cases in which the plaintiffs alleged that mercury air emissions contributed to neuro-toxic disorders in their children.
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Air Quality
On behalf of a chemical manufacturer, obtained partial summary judgment in administrative litigation with a state agency.
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Underground Storage Tanks
Frequently secure “no further action” letters for USTs not closed prior to December 22, 1998 deadline.
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Transactional
Assist clients in utilization of state voluntary cleanup and brownfield programs.
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Transactional
Preparation of environmental provisions of purchase agreements and ground leases.
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Air Quality
Review and analyze capital projects proposed by large southeastern utility for New Source Review implications.
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Air Quality
Assist multiple clients in the preparation and submittal of quarterly excess emissions reports and annual Title V certifications.
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Air Quality
Represent a major Southeast utility in preparing initial Title V permit applications for multiple coal-fired power plants.
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Air Quality
Handle state and federal permitting and compliance issues for major manufacturer in Virginia.
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Transactional
Negotiate agreements with environmental consulting firms for environmental remediation and site-assessment services; work with consultants in the subsequent drafting of reports.
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Water Quality
Assist in the development and utilization of wetland and stream mitigation banks.
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Water Quality
Provide advice and strategies on stormwater and wetland permitting and compliance.
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Water Quality, Air Quality, Hazardous Wastes
Helped client operator of large pulp and newsprint mill obtain and retain advantageous VPDES and air pollution control permits, as well as water and wastewater disposal contracts with local government utility.
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Acquisition of Two Power Plants Valued at $410 Million
Represented a large regional energy company in structuring and negotiating its $410 million acquisition of DeSoto County Generating Company, LLC (DeSoto) and Rowan County Power LLC.
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Acquisition, Development Loans, Land Loans, Conservation Easements
Counsel to community bank in connection with numerous acquisition and development loans, including A & D loans on conservation easement restricted developments.
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Water Quality
Defend various clients against EPA enforcement actions under the Clean Water Act.
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Various Environmental Acts
Counsel to a large municipality in Virginia, and other local jurisdictions in the ongoing effort to develop the King William Reservoir public water supply project.
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Various Environmental Acts
Counsel to a Virginia municipality and other local jurisdictions in the ongoing effort to develop the King William Reservoir public water supply project.
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Water and Sewer
Represented municipality in negotiating sewer allocation agreements.
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Water Quality
Represent a major utility on all stormwater regulatory matters associated with its linear projects.
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Water Quality
Resolved numerous enforcement cases through expedited enforcement agreements containing favorable terms.
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Air Quality and Water Quality
Helped client, which operates rendering plants in seven states, with all its environmental permitting and compliance matters.
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Air Quality
Permitting and compliance experience in federal PSD, Title V, New Source Review, NESHAP, and NSPS air quality programs.
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Air Quality
Develop a multi-state NOx Averaging Plan that enabled a major company to comply successfully with NOx Reasonable Available Control Technology (RACT) requirements.
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Air Quality
Represent a broad coalition of manufacturing and energy companies in federal and state rule-makings in addressing regional transport of ground-level ozone and ozone non-attainment.
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Air Quality
Negotiated a $200 million global settlement between a large Western utility, citizen groups and the state of New Mexico to resolve allegations of over 60,000 opacity and Title V violations.
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Air Quality
Represent an amicus in defense of EPA's decision not to regulate greenhouse gases as "pollutants" under the Clean Air Act.
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Air Quality
Air quality permitting experience in over a dozen states.
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Air Quality
Represent an electric utility in federal district court in New York in a lawsuit brought by the attorneys general of eight states and three environmental groups.
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Regulation of Water and Sewer Companies
Representation of water and sewer companies in numerous proceedings including rates, certification of facilities and service areas, transfer of asset, affiliated transactions, and financial filings in Virginia. Also assisted in the purchase and sales of such companies and with their permitting by the state environmental agencies.
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Transactional
Negotiating environmental insurance provisions.
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Transactional
Represented corporations and developers in identifying and mitigating environmental risks.
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Transactional
Represent major telecommunications clients in connection with the purchase, sale and lease of cellular tower sites across the southeast.
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Air Quality
Represent a client on Title V and NSR permitting of a major existing surface coal mine in Arizona subject to the split jurisdiction of EPA Region 9 and the Navajo Nation.
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Transactional
Assisting in the acquisition, remediation and development or redevelopment of contaminated and potentially contaminated properties.
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Toxic Tort Class Action Alleging Caims for Personal Injury and Property Devaluation
Defense of international electronics manufacturer in class action involving claims of personal injury and property devaluation.
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Representing Bowater Incorporated in $8 Billion Merger With Abitibi-Consolidated, Inc.
Representing Bowater Incorporated in connection with its pending $8+ billion merger of equals with Abitibi-Consolidated, Inc. The transaction will create the third largest publicly traded publicly traded producer of paper and forestry products in North America.
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Air Quality
Air quality experience with a broad range of industries.
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PRP Representation under Federal Superfund
Representing manufacturing client in "potentially responsible party" settlement negotiations regarding large Superfund site in Connecticut.
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Permitting Coal to Natural Gas Conversion
Representing large southeastern utility company in construction permitting process for converting a large coal-fired power plant to a natural gas-fired power plant in the Atlanta ozone nonattainment area.
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Hazardous Air Pollutant Compliance
Assisting manufacturing client with applicability determination and compliance with national emission standards for hazardous air pollutants.
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Construction Lending, Retail Loans, Multi-Family Loans, Condominium Loans
Counsel to national bank, as agent for itself and other lenders, in regard to syndicated construction financing in the aggregate amount of approximately $147 million.
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Water Quality
Provide counsel to multi-location industrial client on all aspects of compliance with state NPDES General Permits for stormwater discharges associated with construction activities.
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NSR Reform Comments
Preparing comments on Georgia's New Source Review Reform rules for Georgia Industry coalition to present industry perspective on the practical effect of the revisions.
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Indian Treaty Litigation
Represent major city in Virginia in suit contending that water supply reservoir project will violate treaty made with Virginia Indians in 1677 by King of England.
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Environmental Litigation - Clean Water Act
Represent major city in Virginia in suit filed in District of Columbia federal court to set aside Corps of Engineers § 404 CWA permit for public water supply reservoir project.
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Environmental Litigation - Clean Water Act
Represent two major Virginia cities in negotiation of consent order regarding sanitary sewer overflows with Virginia Department of Environmental Quality.
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Transactional
Environmental counsel on a one billion dollar refinancing involving over 150 properties.
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Water Quality
Represented a major bulk transportation company against a multi-incident EPA enforcement action.
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Maritime/Constitutional Law/Environmental
Successfully represented foreign and domestic shipowners in the constitutional challenge to individual state safety and environmental regulations.
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Toxic Tort; Environmental Nuisance and Trespass
Represented real estate developer in action to recover for damages from contamination at property caused by dry cleaning supply company.
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Professional Negligence for Construction and Operation of Land Application System
Represented municipality in professional malpractice action against environmental consulting firm and professional engineering firm for design/build of wastewater disposal facility.
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Construction Lending, Condominium Loans, Community Development Lending
Counsel to national bank in regard to construction financing of a condominium over retail development in downtown Atlanta historic district.
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Water Quality
Negotiated consent orders on behalf of local government regarding alleged violations of the Federal Clean Water Act and the Georgia Water Quality Control Act relating to sanitary sewer spills.
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Air Quality
Successfully challenged EPA’s BART regulations under the regional haze rules in the D.C. Circuit.
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Water Quality
Represent developer of a residential subdivision in threatened Clean Water Act citizen suit and in enforcement actions by state and federal environmental agencies.
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Transactional
Environmental counsel on a two billion dollar transaction for privatization of one of the largest nursing home companies in the United States. Transaction involved 600 properties.
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Archaeological & Historic Preservation
Assist clients in consultation with state and federal historic preservation offices for the purpose of compliance with Section 106 of the National Historic Preservation Act.
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Liabilty Counseling
Counseling German industrial chemical manufacturer regarding product and other liability risks of doing business in U.S., all aspects, regulatory compliance, warnings, transportation, etc.
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Water Supply
Assist clients in application for water withdrawal permits.
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Liability Counseling
Counsel European industrial chemical manufacturer regarding product and other liability risks of doing business in US.
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Water Quality and Land Use
Secured and defended controversial NPDES permit, with discharge into state-designated scenic river, for sewage treatment plant.
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Air Quality
Successfully represented industrial coalition in a challenge to EPA's "NOx SIP Call" Clean Air Act rulemaking action as it applied to the state of Georgia.
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Oil Pollution Act, Clean Water Act 311
Represented transportation clients in defense of EPA enforcement action relating to release of oil or hazardous substances.
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Administrative Action Alleging Air Permitting Violations
Represented chemical manufacturing company in administrative action brought by state for air permit violations.
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Water Quality
Represented a multi-industry coalition in a challenge by citizen groups to a state’s general industrial stormwater permit.
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Environmental Litigation
Representing electric utility in lawsuit brought by homeowners association alleging that the utility construction activity damaged their lake.
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RCRA
Representing a wood treatment facility in obtaining state agency approval of an appropriately-scoped corrective action plan for remediation of wood treatment constituents in ground water.
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HSRA
Representing local government in negotiations with other PRPs regarding allocation issues and cash out offer to smaller contributors with respect to assessment and remediation of former landfill.
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NEPA Endangered Species/Archaeological & Historic Preservation
Advised New York City neighborhood group in litigation under the NHPA and NEPA.
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TSCA, HMTA, OSHA
Provide regulatory liability analysis, including potential liability under TSCA, HMTA, and OSHA, for foreign importer of chemicals into the United States.
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Transactional
Negotiate wastewater treatment agreement on behalf of a local government.
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Environmental Litigation
Representing local government in appealing revocation of land disturbance permit issuing authority.
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Environmental Litigation
Represent local government in lawsuit alleging that the city contributed to flooding of downstream property.
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Air Quality
Successfully reversed on appeal to Georgia Supreme Court adverse ruling by Georgia Court of Appeals that ammonia emissions from poultry houses constitute negligence per se.
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Air Quality
Review history of capital projects conducted by a Western utility company to identify potential New Source Review enforcement risks.
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RCRA
Assisting a major corporation with multiple locations in Georgia to develop State Environmental Protection Division policy.
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Appellate Challenge to State Nuisance Law
Represented 15 trade associations as amicus to Georgia Supreme Court in challenge of appellate decision involving air emissions and nuisance law.
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Toxic Tort and Resource Conservation & Recovery Act (RCRA) Litigation
Defended local county government in toxic tort litigation associated with a closed municipal solid waste landfill.
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Environmental Policy/Environmental Lobby
Successfully represented trade associations in reforming automatic stay provision in environmental permit appeals.
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Commerce Clause Challenge to Solid Waste Transportation Statute
Defended major solid waste company in challenge of state solid waste transportation statute.
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Property Devaluation from Contamination
Represented property owner in suit against chemical supplier for property devaluation resulting from PERC contamination; verdict upheld on appeal.
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Water Quality
Negotiated first of its kind memorandum of understanding between local government and the state regarding improvement of local government sediment and erosion control program.
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National Source Review Litigation
Defense of Clean Air Act NSR lawsuit filed against two large power generating companies.
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Global Warming
Defended public utility holding company in highly-publicized nuisance lawsuits brought by New York Attorney General Elliot Spitzer.
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RCRA
Advised a retail store chain as to the regulatory status and proper handling of recalled products and provided other analysis on retail product-related issues.
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Transactional
Assist local governments in the development of storm water utilities.
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Water Quality
Helped local government client negotiate the Virginia Voluntary Remediation process with respect to contaminated property on the Yorktown waterfront.
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Water Quality
Negotiated consent orders on behalf of real estate developer with Georgia EPD for alleged violation of Georgia Erosion and Sedimentation Act.
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Water Quality
Represented national shopping center developer with substantial wetlands permitting issues raised by major competitor and publicized on cover page of Wall Street Journal.
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Air Quality
Successfully represented national textile and carpet trade association in negotiations with EPA on Textile MACT.
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Environmental Law
Advised a Fortune 500 company on environmental justice issues.
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Mergers and Acquisitions - Regulatory Approval
Regulatory approval of construction of an independent power producer's generation facility in Virginia.
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Environmental Litigation
Successfully settled Clean Water Act citizen suit involving poultry LAS system.
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Water Quality
Represent coalition of eleven organizations in precedential Total Maximum Daily Load litigation in Georgia as amicus parties.
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Transactional
Conducted environmental due diligence on behalf of electric utility in the acquisition of several power plants.
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Water and Sewer
Represented municipalities in expanding wastewater treatment facilities and related bond financing.
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Water Quality
Successfully permitted first of its kind on site sewage system for shopping center.
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Mergers and Acquisitions - Purchase of Generators
Representation of electric utility in negotiation, due diligence, regulatory approval, and closing of purchase of three non-utility generators and termination of power purchase agreements.
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Water Quality
Represented trade association in developing State CAFO regulations.
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Water Quality
Defended and settled citizen suit regarding textile dyes.
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Solid Waste
Represented regional solid waste authority in permitting major modifications to recycle old waste unit.
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Environmental Litigation
Represented defendant Smithfield Foods, Inc. in Clean Water Act litigation. Thomas L. Hopkins v. Smithfield Foods, Inc., No. 96-125 (County of Isle of Wight).
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Environmental Litigation; Clean Water Act
Representation of a large meat packing plant in cases brought by EPA and Virginia DEQ for violations of the Clean Water Act.
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Water Quality, Air Quality, and Industrial Utility Service
Handled all phases of wetlands, wastewater and air permitting work for a $1.7 billion semiconductor fabrication facility.
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Water Quality
Helped client secure an advantageous lease of a closed manufacturing plant in Richmond with known solvent contamination in soils and groundwater.
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Endangered Species/Archaeological & Historic Preservation
Advising a large municipality in reviewing the effects of chlorine discharges associated with its wastewater discharges on percina rex, a state-listed species.
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Environmental Litigation; Professional Liability
Successful representation of the purchaser of property against environmental engineering firm for malpractice.
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Endangered Species Act
Represented Fortune 500 corporation in defending against alleged ESA violations associated with cutting pine forest inhabited by red cockaded woodpeckers.
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RCRA
While at the Georgia Law Department, successfully prosecuted Georgia's first RCRA citizen suit, closing a leaking landfill.
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Opacity Citizen Suit Settlement
Assisting in representation of New Mexico utility in settlement negotiations over citizen suit filed under the Clean Air Act for numerous opacity violations and ongoing implementation of consent decree requiring the installation of $200 million in pollution control equipment.
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NEPA/NHPA
Successfully defended State Department of Transportation against a claim for injunctive relief to halt the completion of a parkway.
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CWA Citizen Suit and Enforcement Action Defense
Representing developer of a residential subdivision in Atlanta with regard to a threatened Clean Water Act Citizen suit and enforcement actions initiated by state and federal environmental agencies.
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Environmental Litigation - Clean Water Act
Represented major Virginia city in suit challenging Virginia Water Protection permit § 401 CWA certification for major water supply reservoir.
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Resource Conservation & Recovery Act (RCRA) and State Anti-Dumping Claim
Representation of PRP in connection with alleged dumping of materials.
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Mergers and Acquisitions - Utility Assets Acquisitions
Regulatory due diligence in connection with bank financings of utility assets acquisitions.
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NSR Risk Analysis
Reviewing history of capital projects conducted by a western utility company to identify potential New Source Review enforcement risks.
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Air Quality
Represent a state-wide coalition of diverse industrial and energy companies in the NOx SIP Call rulemaking and subsequent appellate litigation.
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Air Quality
Helped client with permitting issues in Lynchburg and provided other environmental services following a plant explosion.
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Power Generation Facility Financings
Representing a lender in financing the development of two gas-fired, and one oil-fired, power generation facilities in Virginia.
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Water/Sewer
Resolved without litigation a multimillion dollar water and sewer assessment to an international beverage producer.
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NSR Annual Compliance Review
Advising large southeastern utility company annually on potential New Source Review implications of all capital and significant maintenance projects.
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CERCLA/Superfund
Counseling a major city in Florida in an environmental justice/civil rights suit regarding the selected remedy at a CERCLA site.
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Maritime
File Supreme Court amicus briefs defending immunity of state agencies from suits before federal agencies.
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Air Quality and Water Quality
Handled all phases of permitting work for a $140 million expansion of a client’s only North American truck assembly plant.
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Environmental Litigation
Represented Fortune 500 corporation against separate State and EPA Clean Water Act NPDES civil penalty and injunction actions.
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Environmental Litigation - FERC License
Represented largest city in Virginia in suit challenging amendment to FERC license of hydropower project to allow withdrawal of water to city's water supply pipeline.
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Endangered Species Act
Represented developers in obtaining permits for proposed riverfront developments where many bald eagles habitually roosted.
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Water Quality
Handled all wetlands permitting work and water and wastewater utility contracts for 3000-acre office park in metro-Richmond area.
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Environmental Litigation - Coastal Zone Management Act
Represented largest city in Virginia in appeals to Secretary of Commerce and subsequent litigation overruling state denial of CZMA consistency certification for city's water supply pipeline.
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Environmental Litigation - NEPA
Represented largest city in Virginia in NEPA challenge to Corps of Engineers permit for city's 85 mile water supply pipeline.
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Environmental Litigation - NEPA
Represented largest city in Virginia in NEPA challenge to Corps of Engineers permit for city's 85 mile water supply pipeline.
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Endangered Species Act
Represented coastal shoreline developer in securing permits to cross beach and dunes to build cottages and have vehicular access.
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Environmental Compliance Audits
Develop and conduct comprehensive, multi-media environmental audits for Fortune 100 semiconductor manufacturing facilities in various states.
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Environmental Litigation
Represented Fortune 500 corporation in landmark Clean Water Act federal court citizen's suit through U.S. Supreme Court decision and on remand.
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Transactional
Environmental counsel to major synthetic fiber manufacturer selling a manufacturing facility in Tennessee.
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CERCLA/Superfund
Represented a major financial institution in responding to a CERCLA notice letter and information request concerning the client's potential liability at a Superfund site.
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Transactional
Environmental counsel for seller of a railcar repair company involving numerous facilities in several cities.
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Environmental Litigation
Serving as coordinating counsel for multi-industry, multi-state air quality appeals before the District of Columbia and Ninth Circuit Courts of Appeal.
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|
Air Quality
Testified before Congress on greenhouse gas policy.
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|
CERCLA/Superfund
Representing an international chemical company in negotiations with other PRPs with respect to a former metals recovery facility on the National Priorities List.
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|
Air Quality
Representing national and international industries in air quality permitting, compliance strategy development, and environmental enforcement issues.
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|
Air Quality
While at EPA, drafted major portions of federal legislation enacted in the Clean Air Act Amendments of 1990.
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|
Coal Contracts
Representation of major electric utility and affiliates in drafting and negotiating coal contracts and ash management contracts.
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Environmental Litigation
Representing condemnor in a special master proceeding in which environmental justice claims were raised in a transmission line easement dispute.
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Environmental Litigation
Representing a major airline in defense of a multi-million dollar lawsuit involving alleged contamination at an international airport located in Florida.
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|
Air Quality
Represent utility in federal court in Mississippi in case alleging that emissions of greenhouse gases were contributing factor to Hurricane Katrina.
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|
Environmental Litigation
Defending a major chemical products manufacturing company in a U.S. EPA multi-media enforcement action in Louisiana.
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|
Air Quality
While at EPA, managed federal particulate matter State Implementation Plan and New Source Review requirement program.
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|
Underground Storage Tanks
Represented client in action against major petroleum company and sublessee for extensive contamination from underground storage tanks.
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|
Toxic Torts
Representing a waste management company in a racial discrimination suit brought in federal court which centered on the waste disposal practices at a solid waste landfill.
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|
Toxic Torts
Defended an electric utility in a three-week state court jury trial involving personal injury allegedly resulting from exposure to electric and magnetic fields.
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|
Air Quality
Represent a coalition of utility and industrial companies in federal rulemaking.
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|
Air Quality
Obtained U.S. EPA determination that Acid Rain Program did not apply to a specific cogeneration facility.
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|
Air Quality
Represent a consortium of companies in challenges to EPA's eight-hour ozone and particulate matter National Ambient Air Quality Standards.
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|
Environmental Lobby
Lobbying experience on Arizona, New Mexico, and federal air quality issues.
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|
Toxic Torts
Represented a prevailing defendant in a state court action alleging damage to orchards from air emissions.
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Environmental Litigation/Water Quality
Obtained a favorable settlement of an EPA civil action brought against a state's largest privately owned water utility for alleged violations of NPDES effluent limitations.
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|
Transactional
Provide oversight and advice regarding environmental due diligence and remediation for a major international retailer.
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|
Transactional
Environmental counsel for multi-million dollar transaction involving long-term acute care hospitals and numerous properties.
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|
Air Quality
While at EPA, represented agency before the United States Supreme Court in successful defense of plantwide definition of source.
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|
Air Quality
Represented major industry and manufacturing associations on legal challenges to EPA rules on the NOX SIP Call and Section 126, interstate air pollution cases.
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|
Transactional
Conducted environmental due diligence on three coal-fired power plants prior to their purchase and coordinated transfer of permits to new owner.
|
|
Transactional
Conducted environmental due diligence and negotiations for several major banks in connection with commercial mortgages and loans using real property as collateral.
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|
Transactional
Environmental counsel to large-scale lender on numerous deals.
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|
Air Quality
Represented consortium of electric utilities seeking siting and certificate of need permits for a new coal-fueled electric generating station.
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|
Transactional
Represented corporations in national and international asset purchase and merger and acquisition transactions.
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|
Water Quality
Received favorable determinations of no jurisdiction in several Section 404 permit actions and determinations of limited jurisdictional scope in others.
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|
Water Quality
Represented construction company in an after-the-fact determination from the Corps of Engineers that grading activities which impacted surface water and adjacent wetlands were covered under nationwide permit.
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Environmental Litigation
Defeating a proposed class action involving property owners adjacent to a site characterized by U.S. EPA Region 4 as the most contaminated in the Southeast.
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Environmental Litigation
Represent an alleged generator in multi-party lawsuit brought by landowner against waste generators and transporters.
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Environmental Litigation
Successfully represented an international chemical manufacturer in litigation obtaining the EPA's withdrawal of a decision to expand the boundaries of an NPL site.
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Water Quality
Handled several Section 404 enforcement cases involving ditching and sediment discharges.
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Water Quality
In a representation involving construction of new semiconductor facility, obtained all wetlands permits needed in 90 days.
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Environmental Litigation
Obtaining approval for supplemental environmental projects to offset penalties.
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Water Quality
Represented major chemical manufacturing company in enforcement action for discharges of mercury into wastewater treatment system, achieving settlement with non-monetary penalty.
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Endangered Species/Archaeological & Historic Preservation
Advising wireless communications company concerning the FCC’s NEPA and Historic Preservation Act requirements with respect to placement of cell towers on or near historic properties.
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Water Quality
Successfully negotiating favorable consent agreements relating to alleged stormwater and wetlands violations.
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RCRA
Representing a commercial waste treatment facility in obtaining the first hazardous waste treatment permit issued by the state of Georgia.
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Endangered Species/Archaeological & Historic Preservation
Representing a major electric utility company in a condemnation action for a 500 kV transmission line right-of-way.
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Environmental Counseling
Worked on issues associated with the 1990 Clean Air Act Amendments.
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Compliance Management
Providing compliance determinations under federal, state, and local environmental programs, including RCRA, CERCLA, EPCRA, Clean Water Act and Clean Air Act.
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Air Quality
Represented pulp and paper mill in major rebuild of recovery boiler and production expansion while avoiding NSR and PSD review and substantial control costs.
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Compliance Management
Counsel large regulated facilities in preparedness training with respect to EPA criminal investigations.
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Water Quality
Helped developers with substantial wetlands permitting issues, including neighborhood and other third party allegations that the project had been improperly phased.
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Water Quality
Eliminate very stringent proposed effluent limits for mercury for industry client.
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Environmental Litigation
Represent an alleged generator in multi-party lawsuit brought by landowner against waste generators and transporters.
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Water Quality
Obtain determinations of limited, or no, jurisdiction in CWA § 404 permit actions for ash ponds, materials piles, and utility line crossings, and determinations of limited jurisdiction scope.
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Air Quality
While at EPA, managed major federal litigation case docket with numerous challenges from States and opposition groups to State Implementation Plan revisions.
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Water Quality
Represented land developers in successful negotiations with federal and state regulatory agencies to authorize major projects under wetlands and state riparian buffer rules.
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Water Quality
Represented major electric utility system in negotiating NPDES permits for its fossil-fired generating plants.
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Environmental Litigation
Negotiating consent decrees for alleged violations of the Clean Air Act and CERCLA.
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Water Quality
Conducted environmental due diligence on three coal-fired power plants prior to their purchase and coordinated transfer of permits to new owner.
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Environmental Litigation
Prevailed in a Clean Water Act citizen suit brought by a national environmental organization over wastewater discharge temperature limits.
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Water Quality
Represent utility regarding regulation of cooling water intake structures at power plants.
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Environmental Litigation
Successful representation of developers in connection with challenges to Virginia Pollutant Discharge Elimination System ("VPDES") Permits.
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Environmental Litigation
Obtaining a jury verdict, affirmed on appeal, for an international waste management company in a surface water runoff case involving alleged property damage.
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Environmental Litigation
Represented major utility client in litigation brought by property owners with respect to contamination from former manufactured gas plant site.
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Air Quality
Represented facility owner in negotiation of NOx emission reduction credits for use in ozone nonattainment permitting.
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Air Quality
Represented electric generating facilities in application and negotiation of permits for fossil-fired generating units.
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Water Quality
Negotiate NPDES permit terms and appeal NPDES permits, including several renewals of an NPDES permit, for a large petrochemical plant near Baton Rouge, Louisiana.
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Air Quality
While at EPA, managed and drafted rules for federal regulatory program for the regulation of Hazardous Air Pollutants.
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Air Quality
Prepare guidelines for compliance with Title VI of the Clean Air Act regarding proper handling of ozone depleting substances.
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CERCLA, Superfund Cost & Recovery
In the first judicial decision interpreting the liability provisions of the Georgia Hazardous Site Response Act, obtained summary judgment on behalf of a leading small engine manufacturer.
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RCRA
Representing a pharmaceuticals manufacturer on hazardous waste point of generation criteria applicable to the shipping of products which exceeded their shelf life.
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RCRA
Successfully utilized state and federal voluntary self reporting provisions to significantly reduce manufacturing facility's potential regulatory liabilities.
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RCRA
Assisting a pulp and paper company in obtaining approval of a clean closure certification for hazardous waste surface impoundments at a former wood treatment facility.
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RCRA
Obtaining, on behalf of a chemical manufacturer, a determination from the USEPA that wastewater surface impoundments were not hazardous waste management units.
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RCRA
Representing an individual in a "show cause" hearing with the EPA, involving alleged criminal violations of the hazardous waste requirements of RCRA.
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RCRA
Representation of petroleum refining company in connection with closure of former waste lagoons located at manufacturing facility.
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RCRA
Assisted a commercial waste management company in utilizing the alternative land disposal restriction treatment standards for impacted soil, enabling the company to dispose of the soil at a non-hazardous waste landfill.
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RCRA
Represented client in assessing RCRA compliance and responding to Alabama Department of Environmental Management RCRA Notices of Violation.
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RCRA
Issued 60 day notice letters and negotiated resolution of potential RCRA citizen suit in connection with adverse party’s sale of former landfill property to client.
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RCRA
Representing numerous clients in negotiation and implementation of Part B Hazardous Waste TSD in the operating and post-closure permits.
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Air Quality
Represented intervenor in D.C. Circuit challenges of U.S. Environmental Protection Agency’s Clean Air Mercury Rule and Clean Air Interstate Rule.
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RCRA
Representing a chemical manufacturing company in obtaining the agreement of EPA and the Alabama Department of Environmental Management to narrow substantially the scope of a RCRA Facility Investigation.
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CERCLA, Superfund Cost and Recovery
Monitor legislative and regulatory changes in EPA Region 4 states on a quarterly basis for purposes of evaluating major pharmaceutical company's remediation reserve.
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CERCLA, Superfund Cost & Recovery
Represented a major airline in a multi-party cost recovery suit in which another airline alleged damages of over $100 million from jet fuel contamination.
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RCRA
While at EPA, drafted and successfully lobbied the enactment of the Bevill Amendment (special wastes) to the Resource Conservation and Recovery Act.
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RCRA
Counseling a chemical manufacturing company in obtaining favorable reconsideration of an initial state agency determination expanding corrective action requirements.
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CERCLA, Superfund Cost and Recovery
Directing voluntary remediation projects.
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Insurance Recovery for Environmental Claims
Environmental counsel for recovery from numerous insurance companies for environmental claims.
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National Environmental Policy Act
Defended the Corps of Engineers’ decision to proceed with an Environmental Assessment and a Finding of No Significant Impact despite protracted litigation.
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Hydropower Counseling
Represent large utility in implementation of new FERC hydropower license process.
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Hydropower Litigation
Represented several hydropower facilities in litigation under Federal Power Act and associated CWA.
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National Environmental Policy Act
Represent a major air carrier in monitoring the status of an Environmental Impact Statement (EIS) for a proposed runway at one of the nation’s largest and busiest airports.
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NEPA/Archaeological & Historic Preservation
On behalf of a state transportation department and a municipality, successfully defeated a NEPA and NHPA challenge to a planned runway expansion.
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NEPA
Advised major nuclear utility on Nuclear Regulatory Commission guidance for Environmental Reports submitted by licensees for new baseload nuclear power reactors.
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National Environmental Policy Act
Provide regulatory NEPA advice regarding linear construction projects for energy and transportation companies.
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Alternative Energy Technologies
Represented major electric utility in the creation of Green Power Program and procurement of green energy resources.
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HSRA
Successfully defended wood treatment facility from corrective action mandate.
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HSRA
Successfully represented purchaser in fraudulent sale of contaminated site used for county dump.
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RCRA
On behalf of a pulp and paper company, negotiating a Consent Order with USEPA and a state agency for clean closure of black liquor ponds.
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CERCLA, Superfund Cost & Recovery
Successfully represented a major corporation in a CERCLA cost recovery action seeking $4 million in cleanup costs related to the site of a former manufactured gas plant adjacent to a major river.
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Project Development & Finance - Coal-Fired Plant in Virginia
Represented the developer of a 242 MW coal-fired cogeneration project in Virginia in all aspects of the development, finance and construction of the project.
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Hydropower Counseling
Advised municipality on licensing of existing hydroelectric project.
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Hydropower Counseling
Advised utilities in Southeast on relicensing cases and compliance matters before the Federal Energy Regulatory Commission.
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CERCLA, Superfund Cost & Recovery
Represented multiple co-defendants in a CERCLA cost recovery action filed by the U.S. Department of Justice for a lead-contaminated site in Alabama.
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Archaeological, Historical and Cultural Preservation
Negotiated cultural resources memorandum under Section 106 of the National Historic Preservation Act.
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CERCLA/EPCRA
Providing legal advice on release-reporting requirements under CERCLA/EPCRA.
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State Superfund/Brownfields
Represented clients in assessing liabilities and negotiating contractual and liability protections.
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State Superfund/Brownfields
Advised a Georgia municipal authority concerning reporting and remediation of print paste waste discovered near a landfill operated by the municipal authority.
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State Superfund/Brownfields
Successfully represented banking client in asserting secured creditor exemption against liability under Georgia HSRA statute where client had obtained property pursuant to foreclosure.
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State Superfund/Brownfields
Representation of large retail client in ongoing remediation and litigation in connection with migration of solvents from a dry cleaning solvent storage and distribution facility.
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State Superfund/Brownfields
Assisted client in corrective action, certification of compliance and obtaining limitation of liability from EPD in connection with property purchased through the Georgia Brownfields Program.
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State Superfund/Brownfields
Representing client in connection with discovery of historical spills of cutting oils at facility in North Carolina, and reporting to NCDENR under applicable state statutes and regulations.
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State Superfund/Brownfields
Assisted and advised client in developing and submitting a Baseline Environmental Assessment to Michigan Department of Environmental Quality.
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State Superfund/Brownfields
Representation of client in lawsuit against owner of adjacent property on which extensive dry cleaning contamination led to listing of site on Georgia Hazardous Site Inventory.
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State Superfund/Brownfields
Assisted client in successfully negotiating settlement and site access agreement with responsible party in connection with investigation and remediation of site on the Georgia Hazardous Site Inventory.
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Superfund Cost & Recovery
Represented manufacturing client at former solvent recycling facility and Superfund site located in Illinois.
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Superfund Cost & Recovery
Assisted client in responding to information request in connection with Superfund site in Winder, Georgia, resulting in no further action by EPA.
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Superfund Cost & Recovery
Advice and representation of client in connection with settlement of liability for costs incurred by EPA in removal action at former drum recycling facility in Florida.
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Superfund Cost & Recovery
Represented client in connection with remediation and resolution of former municipal solid waste landfill in Cedartown, Georgia.
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Superfund
Representation of foundry client in connection with participation in PRP group and work at former fertilizer manufacturing site in Tifton, Georgia.
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State Superfund/Brownfields
Represented current and former owners of dry cleaning sites in connection with properties separately listed on the Hazardous Site Inventory in Augusta, Georgia.
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State Superfund/Brownfields
Representation of multiple parties at former solvent recycling facility in Atlanta, listed on the Hazardous Site Inventory.
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State Superfund/Brownfields
Representation of medical supply manufacturing client in connection with alleged theft and disposal of waste from facility.
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State Superfund/Brownfields
Represented furniture manufacturing client in site assessment and HSRA notification to EPD.
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Solid Waste
Successfully handling zoning issues and regulatory permitting requirements for siting of solid waste transfer stations.
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Solid Waste
Counseling electric utility in site selection and permitting for industrial landfill in karst terrain.
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Solid Waste
Defending national waste company on discrimination claims brought by landfill manager.
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Solid Waste
Conducting successful negotiations with regulatory agencies to permit new waste cells at solid waste landfill which extended landfill life by fifty years.
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Solid Waste
Advising several solid waste disposal facilities regarding Title V and state air quality compliance requirements.
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Rulemaking
Preparing comments on dozens of federal, state, and local environmental rulemakings.
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CERCLA/Superfund
For a manufacturing site in Alabama, negotiated the withdrawal of EPA's designation of a 40 mile segment of the Mobile River as an additional operable unit.
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Solid Waste
Completing solid waste permit negotiations on vertical and horizontal expansion, closure and post-closure of numerous facilities.
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Safe Drinking Water Act
On behalf of a major airline, negotiated a consent order with EPA concerning the quality of drinking water on the client's aircraft.
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State Superfund/Brownfields
Represented manufacturing client in responding to and resolving EPD release notification request.
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State Superfund/Brownfields
Advised client in connection with successful sale of property impacted by adjacent dry cleaning site in South Carolina.
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State Superfund/Brownfields
Representation of client in investigation of property and resolution of liability under Georgia HSRA statute, where client purchased property for use as warehouse after contamination had occurred.
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State Superfund/Brownfields
Represented major airline in lawsuit brought by other airlines with respect to jet fuel contamination from historical operations of underground hydrant fueling system.
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State Superfund/Brownfields
Represent client with respect to investigation and resolution of liability in connection with solvent-related impacts from historical operations at a manufacturing facility in Illinois.
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Solid Waste
Led outside counsel for permitting a methane gas-to-power project at municipal solid waste landfill.
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CERCLA/Superfund
Represented a wood products company in obtaining deletion of the company's property from a site on the Superfund National Priorities List.
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State and Federal Compliance
Handle state and federal permitting and compliance issues for major manufacturer in Virginia.
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Solid Waste
Represented client in developing first of its kind solid waste permitting in karst terrain.
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