Experience
  • General Experience
    • United States v. Charles Barry Robison, 505 F.3d 1208 (11th Cir. 2007)
      Member of defense team that obtained reversal of all convictions in the Eleventh Circuit and order of acquittal on the sole false statement count in the indictment.

      Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Matters
      Represented owners, operators and generators at both single-party and multi-party CERCLA sites.

      Clean Water Act Enforcement Matters
      Represented numerous clients in negotiating consent decrees related to alleged violations of the Clean Water Act. Some of these matters also involved litigation of related citizen suits.

      Development and Implementation of Customer Communication Strategy
      Represented chemical manufacturer in all communications with customers regarding chemical content of product.

      Environmental Issues in Bank Branch Acquisitions
      Represented bank on environmental issues related to branch acquisitions throughout the United States. Also advised a bank in connection with the sale of approximately 100 branch locations.

      Negotiation of Waste Disposal Agreements
      Represented publicly traded, global chemical company in negotiating hazardous and solid waste disposal/transportation agreements throughout the United States.

      Product Stewardship Issues
      Worked with client in connection with development of product stewardship guidance manual on Hydrogen Fluoride (HF) by the HF Panel of the American Chemistry Council.

      Resource Conservation and Recovery Act (RCRA) Enforcement Matter
      Advised plating company in negotiating consent decree with state regulatory agency in connection with alleged violations of RCRA.

      Sale of Multistate Convenience Store Operations
      Represented convenience store operator in sale of operations including 100+ properties and registered underground storage tanks.

      United States v. W.R. Grace, et al., (D. Mont. 2009)
      Represented former president of the Construction Products Division of W.R. Grace who, with seven other defendants, was indicted on conspiracy to defraud the United States and violate the Clean Air Act. After we filed our Motion for Judgment of Acquittal, the prosecution concluded that there was insufficient evidence against the client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted.

      Marshall County Commission v. ADEM, EMC Docket No. 02-03
      County commission filed administrative challenge to re-issuance of landfill permit. We advised permittee that intervened in matter and attempted to support Alabama Department of Environmental Management’s decision to renew permit.

      Pensacola Gulf Coastkeepers, Inc. v. ADEM, EMC Docket No. 02-07
      Represented client as intervenor in challenge to issuance of National Pollutant Discharge Elimination System (NPDES) permit by ADEM.

      Sierra Club v. Norton, 313 F.Supp.2d 1291(S.D.AL 2004)
      Represented developer in defending Fish and Wildlife Service's (FWS) delay of decision to respond to petition for amending critical habitat of three closely related endangered subspecies as discretionary, resulting in dismissal of case.

      United States v. McWane
      Represented client in connection with environmental criminal case that was tried to verdict in federal district court in Alabama. Following conviction, worked on appeal to Eleventh Circuit that resulted in complete reversal of convictions. Matter was ultimately settled.

      Civil Environmental Litigation Defense
      Represented municipality in defending Clean Water Act citizen suit.

      Drum Burial and Whistleblower Investigation
      Investigated allegations of historic, illegal burial of waste-containing drums.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised client on all permitting and environmental matters related to acquisition of coal mine in Alabama. Included appearance before Alabama Surface Mining Commission.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised client on permitting matters in connection with acquisition of multi-facility ready-mix company.

      Environmental Advice in Connection With Strategic Business Transactions
      Coordinated due diligence in connection with acquisition of paper mill.

      Environmental Advice in Connection With Strategic Business Transactions
      Conducted environmental due diligence in connection with proposed acquisition of 86 convenience stores (and associated underground storage tanks).

      Environmental Advice in Connection With Strategic Business Transactions
      Represented client in connection with environmental and air permitting related to acquisition of steam facility.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised national convenience store operator on environmental issues in connection with acquisition of new stores.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised automobile supplier in connection with potential purchase of contaminated property in Montgomery, Alabama.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised client in sale of corporation with assets including more than 100 convenience stores (with associated underground storage tanks).

      Environmental Advice in Connection With Strategic Business Transactions
      Conducted environmental due diligence and advised client in connection with purchase of medical facility.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised client on environmental issues related to acquisition of three above-ground storage tank facilities in Alabama.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised hospital on environmental issues related to acquisition of property in New Mexico.

      Environmental Advice in Connection With Strategic Business Transactions
      Was lead environmental lawyer on multisystem, multistate hospital acquisition.

      Environmental Advice in Connection With Strategic Business Transactions
      Led environmental review team in connection with sale of 100+ commercial sites and negotiation of corresponding environmental remediation agreements.

      Environmental Advice in Connection With Strategic Business Transactions
      Advised hospital on environmental issues related to acquisition of hospital in West Virginia.

      Environmental Advice in Connection With Strategic Business Transactions
      Provided environmental counsel in connection with lease of surgery center in California.

      Environmental Criminal Defense
      Advised governmental client in connection with criminal Clean Water Act investigation. Included execution of search warrant by government agents.

      Environmental Criminal Defense
      Advised client responding to Department of Justice subpoena in connection with environmental criminal investigation.

      Environmental Remediation/Brownfields
      Advised client/lessee in connection with remediation of spilled dry-cleaning products in Texas and in related negotiations with property owner.

      Environmental Remediation/Brownfields
      Helped client to bring pesticide-contaminated property through Alabama brownfield program.

      Environmental Remediation/Brownfields
      Represented company in taking acquired property through Georgia brownfield program.

      Environmental Risk Management Through Environmental Insurance
      Assisted client in obtaining environmental insurance policy with aggregate limit of $100 million.

      General Outside Environmental Counsel
      Acting as general counsel to mining and cement company for environmental matters.

      Lender Representation
      Advised client on environmental remediation related to contamination issues arising from Texas property.

      Ongoing Environmental Business Advice
      Helped client to develop and implement communication strategy related to chemicals under consideration for regulation by EPA.

      Ongoing Environmental Business Advice
      Provided full range of local environmental counsel (including permitting, compliance, and dealing with local governments) to landfill company.

      Ongoing Environmental Business Advice
      Was sole environmental lawyer for national low-income housing developer. Responsible for review of all environmental reports related to projects.

      Ongoing Environmental Business Advice
      Represented client working with industry group to develop industry-specific NPDES permit in Alabama. Proposed permit was ultimately approved by Alabama Environmental Management Commission.

      Ongoing Environmental Business Advice
      Advised national chemical company to negotiate hazardous waste disposal and transportation agreements throughout the country.

      Permitting Related to Economic Development Activities
      Assisted client with permitting related to construction of independent power facility located in Alabama (including water use issues).

      Permitting Related to Economic Development Activities
      Assisted client with permitting related to construction of independent power facility located in Alabama.

      Permitting Related to Economic Development Activities
      Advised national bank on environmental issues in connection with new branch site developments.

      Regulatory Compliance Issues
      Assisted in negotiation of multi-facility asbestos-abatement contracts for client.

      Regulatory Compliance Issues
      Advised plating company in resolution of ADEM enforcement action alleging violations of RCRA.

      Regulatory Compliance Issues
      Represented client in negotiating settlement with ADEM related to alleged violations of the Clean Water Act.

      Regulatory Compliance Issues
      Advised construction client in connection with alleged violation of Migratory Bird Treaty Act.

      Regulatory Compliance Issues
      Worked with client in developing protocols related to mercury-containing waste.

      Regulatory Compliance Issues
      Advised client in connection with EPA enforcement matter regarding ammonia spill.

      Regulatory Compliance Issues
      Assisted client in reporting discharges related to pollutant discharges in connection with NPDES permit.

      Regulatory Compliance Issues
      Helped client in analyzing regulations applicable to hazardous waste contaminated shop rag disposal.

      Regulatory Compliance Issues
      Advised construction client in connection with notice of violation of Clean Air Act related to demolition activities.

      Regulatory Compliance Issues
      Represented surface mining client in connection with NPDES permit matters.

      Regulatory Compliance Issues
      Advised client in negotiation of agreement with wetland mitigation bank.

      Regulatory Compliance Issues
      Represented client in resolution of air permitting matters related to operation of Georgia facility.

      Regulatory Compliance Issues
      Advised client in responding to CERCLA Information Request from EPA.

      Regulatory Compliance Issues
      Worked with client on submission of Title V permit application in Alabama.

      Regulatory Compliance Issues
      Counseled client in responding to EPA CERCLA information request related to historic dry-cleaning operations.

      Regulatory Compliance Issues
      Advised Tennessee hospital on regulatory provisions applicable to medical/hazardous waste disposal.

      Regulatory Compliance Issues
      Advised client on Clean Air Act leak repair required practices and associated reporting and recordkeeping requirements.

      Regulatory Compliance Issues
      Reviewed and commented on proposed Emergency Guidelines for Anhydrous Hydrogen Fluoride for client.

      Regulatory Compliance Issues
      Helped client determine Tier III reporting obligations under Emergency Planning and Community Right-to-Know Act (EPCRA).

      Regulatory Compliance Issues
      Advised client in connection with EPCRA reporting matter.

      Regulatory Compliance Issues
      Assisted client in air permitting matters, including questions related to mobile source rules.

      Representation of Lenders in Connection With Environmental Issues
      Represented foreclosing lender in evaluating environmental risks related to properties in states across the country (e.g., New Jersey, New Mexico and California).

      Representation of Lenders in Connection With Environmental Issues
      Advised bank in connection with foreclosure of property with documented release from underground storage tank.

      Representation of Lenders in Connection With Environmental Issues
      Advised bank in connection with foreclosure of contaminated property in southern Alabama.

      Representation of Lenders in Connection With Environmental Issues
      Advised bank in connection with environmental issues related to tract of land in Michigan.

      Superfund/CERCLA Matters
      Represented PRPs in multiple Superfund sites.

      Underground Storage Tank Compliance and Remediation
      Advised client on remediating contamination related to orphan underground storage tank discovered during site redevelopment.

      US EPA CERCLA (Superfund) Investigation
      Assisted oil and gas client in response to U.S. EPA CERCLA (Superfund) investigation relating to historic community-wide contamination.

      Representation of clients in CERCLA (Superfund) Investigation
      Representation of two clients in a CERCLA (Superfund) investigation, including multiple responses to Section 104(e) investigation letters, involving the Chemetco Superfund Site (the Chemico Metals Corporation facility), which operated as a secondary copper smelting facility on 41 acres of land near Hartford, Illinois.

      United States v. Bank of America, et al.
      The firm represented Ally Financial, Inc., Residential Capital, LLC, and GMAC Mortgage in the largest national joint state/federal government settlement in history. The case began with a “robo-signing” investigation and then broadened into examination of the mortgage industry. The case involved 49 state attorney generals, 48 state banking departments, the Department of Justice, the Department of Treasury, the Department of Housing and Urban Development, the Consumer Financial Protection Bureau, and the Federal Trade Commission.

      Advisor to HealthSouth in Sale of Hospitals
      Advised HealthSouth Corporation in connection with the sale of six long-term acute care hospitals for approximately $120 million.