Experience
  • General Experience
    • Analyzed proposed NESHAP regulations

      Analyzed proposed NESHAP regulations, worked with client to support client's position as to regulations, drafted, and submitted comments to the federal docket.

      Assist pharmaceutical client in compliance with Chemical Manufacturers Area Source MACT

      Pharmaceutical client is now subject to the new Chemical Manufacturers Area Source MACT, with a compliance date in October. I have assisted the client in analyzing the rule, their compliance strategy, and in negotiating alternative monitoring.

      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.

      US EPA CERCLA (Superfund) Investigation

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

      Waste Water Customer for Indemnification

      Obtained dismissal of municipality in a third-party complaint filed by an independent waste water treatment facility for indemnification for the treatment facility's regulatory violations.

      Represented Defense Contractor

      Represented defense contractor in connection with an incident which occurred at Naval Air Station in California, and the subsequent sale of the company with pending issues regarding liability to the US Government for cleanup.

      City of Graysville, et al. v. Alabama Dept. of Environmental Mgmt, Civ. Action No. 2008-901954 (Circuit Court of Jefferson County, Alabama)

      Obtained summary judgment for a landfill developer against claims that the Alabama Department of Environmental Management’s (“ADEM”) issuance of our client’s landfill permit violated statutory and regulatory requirements. Following limited discovery, negotiations to obtain a limited initial undisputed factual record, and coordination of the defense of the case with counsel representing the State of Alabama’s interests, we prevailed by arguing that the municipal and individual plaintiffs failed to adequately participate in ADEM’s process so as to exhaust their administrative remedies. The trial court’s summary judgment was upheld on appeal by the Alabama Supreme Court.

      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 ADEM's decision to renew permit.

      ADEM CleanWater Investigation

      Investigation under Clean Water Act for discharge during drilling operations.

      ADEM State Indirect Discharge Investigation

      Assisted pharmaceutical client in responding to investigation relating to alleged violations of state indirect discharge permit.

      Asbestos Contamination

      Advised client regarding historical asbestos contamination from operations of prior owner.

      Assisted domestic manufacturing client in complying with RoHS Directive and the WEEE Directive

      Assisted domestic manufacturing client in complying with RoHS Directive and the WEEE Directive in connection with international product shipments.

      Assisted in environmental due diligence in purchase of major manufacturing facility in Tennessee

      Assisted in environmental due diligence in purchase of major manufacturing facility in Tennessee.

      Axsys/Speedring Brownfield Cleanup

      Assisted owner of property in entering State voluntary cleanup program and in completing remediation at site, which involved VOCs and Beryllium contamination.

      Cement Manufacturing National Emissions Standards for Hazardous Air Pollutants (NESHAP)

      Assisted client in lobbying EPA, in conjunction with the Portland Cement Association, for changes to proposed air regulations.

      Cemetery Closing and Relocation

      Closed and moved cemetery through Alabama legal process in order to develop property for mining.

      Centex-Rooney Const. Co./Miami Dade County Airport

      Enforcement action by Miami Dade County regarding contamination at airport.

      City of Huntsville Air Investigation

      Assisted pharmaceutical client in responding to investigation relating to air violations, and renewal of SMOP.

      Civil Environmental Litigation Defense

      Represented municipality in defending Clean Water Act citizen suit.

      Collins Springs

      Sold former quarry to St. Clair County, Alabama, water authority.

      Drum Burial and Whistleblower Investigation

      Investigated allegations of historic, illegal burial of waste-containing drums.

      Environmental Advice in Connection with Strategic Business Transactions

      Lead environmental lawyer on multi-system, multi-state hospital acquisition.

      Environmental Advice in Connection with Strategic Business Transactions

      Conducted environmental due diligence and advise client in connection with purchase of medical facility.

      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

      Represented client in connection with environmental and air permitting related to acquisition of steam facility.

      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

      Coordinated due diligence in connection with acquisition of paper mill.

      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

      Provided environmental counsel in connection with lease of surgery center in California.

      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 client on environmental issues related to acquisition of three above-ground storage tank facilities in Alabama.

      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

      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 hospital on environmental issues related to acquisition of property in New Mexico.

      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

      Advised national convenience store operator on environmental issues in connection with acquisition of new stores.

      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 DOJ 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 $100,000,000.

      EPA Cement Enforcement Initiative

      Assisted client in responding to investigation of compliance with air regulations (PSD, NSR).

      EPA Notice of Violation regarding Sodium Hypochlorite Release

      Assisted client in responding to federal clean water act, CERCLA, and EPCRA enforcement for sodium hypochlorite release.

      EPA TSCA Enforcement regarding PCBs

      Assisted client with EPA enforcement regarding PCBs and alleged violations of Toxic Substances Control Act.

      FIFRA Paint Labeling

      Assisted client in responding to and settling EPA FIFRA NOV relating to boat paint product.

      Geismer, LA Corporate Whistleblower Investigation

      Designed and conducted corporate whistleblower investigation.

      General Outside Environmental Counsel

      Act as general counsel to mining and cement company for environmental matters.

      Georgia Brownfield for Walker Concrete

      Assisted client in voluntary cleanup program for purchase of site in Georgia.

      Hamilton Bathware Environmental Issues

      Represented client in TSCA Form R issue with EPA.

      Horace Small; Tennessee Valley

      Horace Small: assisted facility in sale with significant environmental issues; worked with TN Dept. of Env. & Conservation with land use restrictions; Tennessee Valley: mining operations around Tennessee needed various environmental assistance including TDEC guidance.

      In the Matter of Industrial Chemicals, Inc., Consent Order No. 08-048-CWP

      Assisted client in responding to ADEM investigation under state and federal clean water laws relating to sodium hypochlorite release, and negotiated consent order and supplemental environmental projects.

      Kirkpatrick Stormwater Issues

      Assisted concrete batch plant operator at multiple sites in multiple state investigations of stormwater and process water issues.

      Lead contamination in toys.

      Assisted major retailer with claims in Alabama.

      Lender Representation

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

      Negotiate Remediation and Indemnification for Contaminated Property

      Negotiated remediation and indemnification agreement with mining company to cleanup property.

      Oil, Gas and Mineral Rights Leasing

      Assists clients in the negotiation of oil, gas and mineral rights leasing.

      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

      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

      Was sole environmental lawyer for national low income housing developer. Responsible for review of all environmental reports related to projects.

      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

      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.

      Permitting Related to Economic Development Activities

      Advised national bank on environmental issues in connection with new branch site developments.

      Permitting Related to Economic Development Activities

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

      Phase 1 Review

      Assisted concrete company in pursuit of opening a new quarry site and obtaining necessary wetlands permits and drafting environmental covenants.

      Phase I Reviews for Bank Branch Acquisitions

      Phase I Reviews for Bank Branch Acquisitions

      Potential Liability Investigation and Analysis

      Investigated manufacturer operations regarding welding.

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

      Advised client in responding to CERCLA Information Request from EPA.

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

      Represented surface mining client in connection with NPDES permit matters.

      Regulatory Compliance Issues

      Advised client in connection with EPCRA reporting matter.

      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

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

      Regulatory Compliance Issues

      Advised client in negotiation of agreement with wetland mitigation bank.

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

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

      Regulatory Compliance Issues

      Helped client determine Tier III reporting obligations under EPCRA.

      Regulatory Compliance Issues

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

      Representation of Lenders in Connection with Environmental Issues

      Advised bank in connection with environmental issues related to tract of land in Michigan.

      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 foreclosure of property with documented release from underground storage tank.

      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 Oil Terminal in Response to SPCC NOV

      Assisted Oil Terminal in responding to a Spill Prevention, Control, and Countermeasure (SPCC) Notice of Violation regarding requirements for oil spill prevention, preparedness, and response to prevent oil discharges to navigable waters and adjoining shorelines. The rule requires specific facilities to prepare, amend, and implement SPCC Plans. Negotiated successful settlement for client.

      Representation of Owner/Landlord in matters involving asbestos removal and employee and tenant safety

      Representation of Owner/Landlord in matters involving asbestos removal and employee and tenant safety at a major office building in the northeastern United States, including independent post-purchase review of due diligence issues, hiring asbestos consultants, creation of an operations and maintenance plan, and the creation of other documents designed to protect the purchaser. Included an analysis of future liability for asbestos.

      Representation of pharmaceutical manufacturer in workplace exposure investigation

      Representation of pharmaceutical manufacturer in workplace exposure investigation.

      Representation of Purchaser of Brownfield Property

      Representation of Purchaser of Brownfield Property.

      Sale of Multi-State Convenience Store Operator

      Represented convenience store operator in sale of operations including 100+ properties and registered underground storage tanks.

      Stormwater at Subdivision Development/Stonegate Farms

      Assisted developer in defending ADEM investigation and third party claims relating to stormwater runoff into lake.

      Tank Removal and Remediation

      Assisted client in UST removal and soil contamination matter.

      Unauthorized landfill investigation and reporting

      Investigated unauthorized landfill and advised client regarding reporting requirements.

      Underground Storage Tank Compliance and Remediation

      Advised client on remediating contamination related to orphan underground storage tank discovered during site redevelopment.

      Visionland Stormwater Issues

      Defend Visionland operator from ADEM stormwater investigation.

      Wetlands Investigation

      Assisted facility with wetlands investigation by Corps of Engineers.