Lead counsel for several companies targeted by EPA’s National Clean Air Act enforcement initiative, including actions against utility, manufacturing, chemical, and retail companies. Also assisted clients in their air permitting and permit appeals.
Multimedia environmental risk assessments for clients to identify compliance issues and assist in preparing remedies and implementing them. Design assessments to establish compliance baseline for each operation site, define timeline to correct open issues, determine if notification to federal or state agencies is required and if not, whether voluntary disclosure would be beneficial to client. Work covers hazardous waste issues and petroleum contamination that could originate at each facility, proper use of ozone-depleting substances including proper maintenance of refrigeration units, and record keeping, and whether products contain banned ozone-depleting substances; fuel management at co-located gas stations or in connection with self-use product storage; air issues created by emergency generators and idling truck fleets; stormwater runoff issues; and wastewater discharges to POTWs.
Assistance to major retail client in drafting proposed change to hazardous waste regulations that would provide relief from requirements that are more appropriate for traditional manufacturing operations.
Assistance to pulp and paper company in avoiding Clean Air Act enforcement action in Wisconsin.
Assistance to major commercial real estate companies in obtaining brownfields limited liability protection at contaminated sites.
Advice to manufacturing and transportation clients in voluntary cleanups and brownfield transactions.
Lead environmental counsel on due diligence teams for several large acquisitions in the utility and pulp and paper industries.
Georgia-Pacific Corporation, Chief Counsel, Communication Paper & Tissue, 1997-1999
Division counsel responsible for the legal affairs of largest business division of multinational forest products corporation. The duties included working directly with the executive and senior vice presidents of the division on significant business analysis and decisions, providing day-to-day legal advice and counseling to the sales, manufacturing and corporate staff on purchase and sales agreements, environmental and other state and federal regulatory compliance, employment matters, acquisition and divestiture matters, and general antitrust and pricing issues.
Georgia-Pacific Corporation, Senior Counsel, Environmental; Chief Counsel, Environmental, 1990-1997
Advice and counsel to corporate officers, plant management and employees, and corporate environmental engineers on compliance with the laws and regulations under the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Clean Water Act and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Responsibilities included handling compliance, enforcement and permitting matters with federal, state and local environmental agencies throughout the United States; conducting environmental due diligence in connection with acquisitions and divestitures; and managing litigation. Served on the team that created Georgia-Pacific’s extensive internal environmental audit program and Title V permit application program. Was part of the team that worked on the creation of the Timber Company and the transfer of all timberlands to the Timber Company, which was then spun off to Plum Creek.
State of Georgia, Office of the Attorney General, 1984-1990
Advice and counsel to state officials and employees on environmental matters involving hazardous waste management, air and water quality control, with primary client being the Georgia Department of Natural Resources and the Georgia Environmental Protection Division. Served as lead counsel in the trial of civil cases in federal and state trial and appellate courts. Served as the department’s lead counsel in administrative hearings involving environmental appeals and enforcement matters.
Advice and counsel to and representation of state officials and employees on matters involving employment discrimination, civil rights and wage and hour disputes under the Fair Labor Standards Act.