dcsimg Environmental

Environmental

The lawyers in McGuireWoods’ Environmental practice are experienced in all of the fundamental matters relating to environmental law — permitting, enforcement defense, rulemaking, legislation, project development, crisis management, and acting as an agency liaison at the federal, state and local levels. More importantly, our practice has distinguished itself by focusing on broader client needs, including preventing future problems, capitalizing on environmental assets, searching for more sustainable practices, and helping the public understand the benefits of the client’s business and activities. In addition, we also align our services with a client’s strategic business objectives.

Our group includes former governmental regulators and lawyers with technical backgrounds in engineering and the natural sciences. By integrating the skills of group members with the latest technological approaches to the practice of law, we work with clients to focus on cost-effective ways to solve problems.

Our environmental practice is diverse in subject matter, national, regional and international geography; industries, and the unique businesses we serve. Some lawyers concentrate on air, water, solid and hazardous waste, wetlands, and other permitting under federal and state regulatory programs. We have gained recognition for results that allow facilities maximum flexibility in meeting legal requirements, with the greatest protection for business and personnel.

We also focus on transactions involving natural resources development, major manufacturing facilities and energy projects. Additionally, we emphasize federal and state legislation and rulemaking, litigation and other dispute resolution to preserve or defend our clients’ positions. We have significant depth of experience with organizing and managing groups of clients with common regulatory interests for an optimum outcome. In all these areas, we routinely use business and tax concepts to optimize project or transaction value.

U.S. and Global Experience

Our lawyers have extensive experience throughout the United States counseling clients, participating in federal and state administrative proceedings, and resolving disputes in federal and state courts, in every area of environmental and natural resources law. Our representation of clients in Europe, Latin America, and Asia has honed the tools necessary to represent clients’ needs throughout the world.

Our clients include large and small domestic and international businesses, as well as trade organizations, municipalities, public authorities, developers, and client groups organized to address individual issues or long-term regulatory efforts.

As individuals and team members, we bring a personal and group commitment to each client. We will help you solve your environmental problems quickly, innovatively, and cost-effectively, as well as minimize your environmental risks, and enhance the value of your business transactions.

Litigation and Multiple Legal Practice Experience

Our specific environmental services are described below. Some members of the group also are part of other McGuireWoods’ practices: litigation, including toxic torts; corporate services, including the environmental aspects of transactions such as mergers and acquisitions;government regulatory and criminal investigations, including energy enforcement; real estate and land use, including sustainability; and occupational safety and health.

Permitting

The construction or expansion of industrial plants, power production facilities, solid waste facilities, towns, mines and malls, whether in green fields or brown, requires a host of permits. We have years of experience at identifying the permits and approvals necessary for a project, and this identification process is how we begin most undertakings.

From that point on, we believe that we have the strongest team to make certain that permitting is completed as quickly as possible, with as few problems as possible. We provide complete project permitting management for clients across North America. We work closely with environmental consultants and engineers who have the technical knowledge and information readily available to prepare the initial permit application. Then it goes for legal review by our environmental lawyers. For the client, the value of this approach is that all relevant experience is put to use in focusing on the matter.

This approach allows our clients to bring any number of specialty consultants onto their team without fear of contradictory permit provisions or fatally flawed time frames. We provide project management control data to our clients and “troubleshooting” for any problems that occur in the permitting process, whether the problems relate to regulations, regulators or project opponents.

We have an extensive “toolkit” of approaches and techniques that can facilitate project success, ranging from targeted community relations campaigns to “green solutions” —socially and environmentally responsible approaches to traditional engineering issues.

When delivering the project permitting package, we can provide further support in the form of legal opinions that provide assurance for lenders and new equity participants that all of the permitting necessary for construction and operation of the facility has been completed appropriately.

Our Environmental practice experience can be categorized broadly into four areas: Air, Brownfields, Waste, and Water.

CONTACTS

Gordon R. Alphonso Partner T: +1 404 443 5716
Benne C. Hutson Partner T: +1 704 343 2060
James A. Thornhill Partner T: +1 804 775 1163
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Global science company

Representation of a global science company in defense of an environmental civil suit brought by the Sierra Club and NRDC relating to historic mercury deposits in the South River in Virginia. Attained a unique settlement involving a six year study of the mercury issues.
Representative Matter

Large energy producer

Representing a large coal-fired power plant in the defense of a class action claim by 1500 surrounding residents for particulate emission involving first-impression issues of preemption of state nuisance law.
Representative Matter

Real estate company

Advised client on multiple dry cleaning release sites in Maryland voluntary cleanup program and controlled hazardous substances program.
Representative Matter

Industry associations

Representation of several industry associations and intervened in a federal water quality ordinance litigation. The court ultimately struck down the water regulations (TMDL) on the grounds that the EPA exceeded its statutory authority under the Clean Water Act. In doing so, the court relied on arguments asserted by the firm that were not raised by the state’s Attorney General who was representing the plaintiffs.
Representative Matter

Numerous clients

Obtained bona fide prospective purchaser letters to allow redevelopment of contaminated sites in Virginia for numerous clients.
Representative Matter

Real estate developer

Assisted in redeveloping a former rail yard and landfill site with 2 million square feet under Virginia Voluntary Remediation Program with qualification for deduction of remediation expenses under the Internal Revenue Code.
Representative Matter

Specialty chemical company

Using updated toxicological information, initiated successful rulemaking petition to establish first North Carolina groundwater standard less stringent than federal drinking water standards.
Representative Matter

State coal organization

Represented a state coal organization in an appeal of consolidated greenhouse gas regulations impacting all of heavy industry.
Representative Matter

Diversified financial services provider

Advice on environmental compliance policies of corporate trust department
Representative Matter

Liquidator

Advised liquidator on RCRA corrective action sites and structuring of sale of sites to address future clean up obligations of bankrupt manufacturer.
Representative Matter

Property owners

Negotiation with North Carolina Brownfields Program to create new option, called Ready for Reuse, to allow property owners not legally eligible for the Brownfields Program to negotiate Brownfields Agreement to make property more attractive for sale.
Representative Matter

Real estate development and management company

Advised client and negotiated with Army Corps of Engineers with the investigation of a Formerly Used Defense Site for residential use in the Mid-Atlantic.
Representative Matter

Leading supplier of rail-based freight transportation

Effective defense of leading supplier of rail-based freight transportation in North America in nuisance case. Resulted in summary judgment for client and dismissal of case. Upheld on appeal by United States Court of Appeals for the Eleventh Circuit based on preemption. McGuireWoods has handled several nuisance cases in multiple jurisdictions for this client.
Representative Matter

Providor of end-to-end solutions for industrial process water treatment systems

Represented a designer, engineer, manufacturer, commissioner, and services industrial processer of water treatment systems in its $10 million stock acquisition of a a provider of water treatment equipment for dialysis, healthcare, laboratory and industrial applications.
Representative Matter

Portfolio company

Representation of a portfolio company of a private equity firm in its add-on acquisition of a provider of waste management and remediation services.
Representative Matter

Developer of golf course community

Represented developer of golf course community in challenge by environmental group and neighboring property owners regarding whether or not permanent development could occur near trout streams. Obtained decision from North Carolina Supreme Court upholding right to develop.
Representative Matter

Large electricity wholesaler

Represented a large electricity wholesaler in a citizen suit alleging violations of emissions standards for particulate matter and opacity.
Representative Matter

Real estate developer

Negotiation of Brownfields Agreement for site with pesticide contamination to allow for development of residential apartment complex. First Brownfields site in North Carolina completed under new federal guidelines for projects financed by federal department of Housing and Urban Development.
Representative Matter

Specialty chemical company

Negotiated settlements of alleged violations of inventory update rule of Toxic Substances Control Act resulting in reducing assessed penalties by over $300,000 by precedent-setting use of supplemental environmental projects.
Case Study

McGuireWoods obtains denial of injunction in asian carp case

McGuireWoods recently represented a coalition of Illinois business trade associations in challenging the efforts of other Great Lakes states to obtain an injunction to force the U.S. Army Corps of Engineers to close the Chicago locks as a means to halt the migration of Asian carp into the Great Lakes.

Results 1-20 of 99
Results 1-25 of 33
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Scott E Adams Scott E. Adams
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5461
F: +1 703 712 5278
vCard
Ashley Allen Ashley K. Allen
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1918
F: +1 804 775 1061
vCard
Gordon R Alphonso Gordon R. Alphonso
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5716
F: +1 404 443 5783
vCard
Donald D Anderson Donald D. Anderson
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3230
F: +1 904 798 3273
vCard
Mark T Bowles Mark T. Bowles
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1904
F: +1 804 698 2267
vCard
Brady_Michael Michael H. Brady
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4327
F: +1 804 698 2302
vCard
Bryan C Brantley Bryan C. Brantley
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7983
F: +1 412 667 7971
vCard
William G Broaddus William G. Broaddus
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1085
F: +1 804 698 2017
vCard
Michael Driscoll Michael J. Driscoll
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7011
F: +1 212 715 6285
vCard
Tricia Dunlap Tricia A. Dunlap
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1453
F: +1 804 698 2065
vCard
David Evans David E. Evans
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4317
F: +1 804 698 2049
vCard
Jim Hodges James H. Hodges
Partner
1301 Gervais Street
Suite 1050
Columbia, SC 29201

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 803 251 2301
F: +1 803 251 2315
vCard

T:+1 202 857 1700
F: +1 202 857 1737

Benne C Hutson Benne C. Hutson
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 704 343 2060
F: +1 704 444 8739
vCard

T:+1 919 755 6615
F: +1 919 755 6699

Richard L Jarashow Richard L. Jarashow
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7016
F: +1 212 715 6272
vCard
Sidney Kanazawa Sidney Kanazawa
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8238
F: +1 310 315 8210
vCard
John M Lain John M. Lain
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4381
F: +1 804 698 2097
vCard
Perry W Miles IV Perry W. Miles IV
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1039
F: +1 804 698 2122
vCard
Mitchell K Morris Mitchell K. Morris
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4370
F: +1 804 698 2129
vCard
Dale Mullen Dale G. Mullen
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4710
F: +1 804 698 2098
vCard
Dana P Palmer Dana P. Palmer
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3445
F: +1 310 956 3121
vCard
David P Pusateri David P. Pusateri
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7924
F: +1 412 667 7963
vCard
Bernadette Rappold Bernadette M. Rappold
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1754
F: +1 202 828 3303
vCard
Elizabeth M Rothenberg Elizabeth M. Rothenberg
Associate
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2683
F: +1 904 360 6352
vCard
Sahil R Shah Sahil R. Shah
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8242
F: +1 310 956 3107
vCard
Amanda Kitchen Short Amanda Kitchen Short
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2359
F: +1 704 444 8861
vCard
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Speaking Engagement

National Development Finance Summit

Council of Development Finance Agencies

November 18-21, 2014
Scottsdale, AZ
Speaking Engagement

EPA Guidance for Diesel Fuel Hydraulic Fracturing: Implications for Fracking Operations and EPA Enforcement

April 17, 2014
Law Seminars International Telebriefing
Speaking Engagement

Hot Topics in Clean Water Law

January 22, 2014
NACWA Web Seminar
Event

Water and Wetlands Update – Winter 2013

December 3, 2013
Richmond, VA
Speaking Engagement

Energy and Climate Change: California's Efforts to Reduce Greenhouse Gas Emissions Through Renewables, Fuels, and Markets

Environmental Law Section of the State Bar of California

Thursday, November 14, 2013
Berkeley, CA
Speaking Engagement

Environmental Management Summit

October 3, 2013
Durham, NC
Speaking Engagement

8th Annual Washington Clean Energy Roundtable 2013

Leadership in Clean Energy and Climate: New Directions in Policy and Infrastructure Investment

Tuesday, May 14, 2013
Washington, DC
Event

SEC Compliance and Enforcement Update

September 25, 2012
Speaking Engagement

Institute for Energy and the Environment at Vermont Law School

Raising Revenue from Wholesale and Retail Ratepayers

June 20, 2012
Speaking Engagement

Environmental Law Conference at Yosemite

Strategic Planning for Renewable Energy: The Big Picture

October 21, 2011
Speaking Engagement

Diversity Jurisdiction and Removal to Federal Court

Applying the Supreme Court's Nerve Center Test to Complex Corporate Structures and Navigating Nuances of Removal

September 27, 2011
Speaking Engagement

Minnesota Rural Electric Association Energy Issues Summit

Carbon Emissions Litigation: Analysis of the U.S. Supreme Court's Decision in AEP v. Connecticut and the Fourth Circuit's Decision in NC v. TVA

August 11, 2011
Speaking Engagement

Due Diligence for Solar PV Projects Seminar

Project Finance and Ownership Structuring for Solar PV Transaction

June 14-15, 2011
Speaking Engagement

Urban Land Institute Hampton Roads: ABC’s of Pending Stormwater Regulations

The Chesapeake Bay TMDL and Stormwater in Virginia

January 26, 2011
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Results 1-20 of 130
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Article

Environmental and Safety Regulations

What You Need to Know about Ammonia Use in Food and Beverage Manufacturing

Food Manufacturing
May/June 2014
Legal Alert

Environment 2014: Water Issues

February 24, 2014
Legal Alert

After Delay, EPA Issues Diesel Fracking Guidance

February 13, 2014
Legal Alert

2014 Food Industry Outlook

January 8, 2014
Legal Alert

A First Take on Robinson Township v. Commonwealth

The Pennsylvania Supreme Court’s Sweeping Ruling Invalidates Act 13’s Statewide Oil and Gas Development Land Use Regime and Heralds a New Era in Pennsylvania Environmental Litigation

December 24, 2013
Legal Alert

Like Drinking from a Fire Hose

Public and Private Utilities are Left with an Unlikely Hydrant Dilemma

December 4, 2013
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