Holly represents clients in a wide variety of environmental compliance matters with both federal and state agencies. In particular, her practice focuses on waste issues including cleanup actions under CERCLA, RCRA, and Georgia’s “superfund” law - HSRA. In this regard, Holly represents numerous clients with sites on the NPL and on the HSI and negotiates on behalf of these clients with the regulators. She also represents clients involved in RCRA corrective action issues as well as issues arising under the Clean Air Act. In addition to regulatory representation, she represents clients in environmental cost recovery actions, insurance coverage, site contamination and permitting issues. Holly also counsels buyers, sellers and lenders on environmental due diligence issues and contractual language in business transactions.
Representative Experience
Representing clients at several Superfund sites around the country, including negotiations with EPA and PRPs.
Representing several clients as environmental and litigation counsel for a number of Georgia HSI sites, including negotiations with the Georgia EPD and PRPs.
Litigation counsel for clients in several cost recovery cases for environmental sites, including traditional discovery, taking depositions, and drafting briefs.
As litigation counsel, successfully defended client in a jury trial for alleged surface water run-off. The jury returned a defense verdict which was upheld on appeal to the Georgia Court of Appeals.
Litigation counsel for recovery from numerous insurance companies for environmental issues.
Serving as environmental counsel to one of Florida’s largest cities with respect to two of its municipally-owned CERCLA sites. Representation has included negotiation of an RI/FS with EPA, coordination of an extensive investigation to identify PRPs and negotiation with PRPs on allocation of projected RD/RA costs.
Involved in toxic tort litigation concerning regulated water discharges from a pulp and paper company, has represented clients in litigation stemming from Superfund sites, and has represented clients in administrative law proceedings.
Participated in numerous negotiations with environmental regulatory agencies and in settlement negotiations involving other private parties.
Significant experience with environmental issues arising from real estate and commercial transactions.
Lead environmental counsel on a $2 billion transaction for privatization of one of the largest nursing home companies in the United States.
Assisted clients in drafting legislation for state environmental statutes.
Represented several clients as an adjacent property owner whose property had been contaminated by a neighboring property.
Successfully representing a major Florida municipality in Eleventh Circuit Court of Appeals on appeal involving environmental justice claims related to closed municipal solid waste landfill.
Counseling electric utility in site selection and permitting for industrial landfill in karst terrain.
Representing a major airline in defense of a multi-million dollar law suit involving alleged contamination at a Florida airport.
Publications
"Preparing for a Regulatory Inspection," Electric Perspectives, July/August 2011.
"Property Owners Beware: Georgia’s New Superfund Framework Takes Shape," Georgia Bar Journal, 31(2) (with Douglas Henderson), 1995.
Public Service
Executive Committee (Trustee) of the Kennesaw State University Foundation Board (2004-present); Vice Chair of Legal and Administrative Affairs (2005-present)
Keep Cobb Beautiful Board Member (2004-2007)
Vinings Homeowners Association (2005-2007)