Lawyers / Professionals

Mr. Hutson has developed an extensive national practice in virtually all areas of environmental law over the last 25 years. He has experience in the following areas.

Hazardous Waste

He regularly represents clients with regard to complying with the requirements of the Federal Resource Conservation and Recovery Act and comparable state statutes. This experience includes determinations as to whether or not a material is a hazardous waste, applications of regulatory exemptions (including the federal recycling exemption), labeling, manifesting and other requirements applicable to generators of hazardous waste. He has also managed the closure and post-closure permitting process for treatment, storage and disposal facilities, including the development of alternate concentration levels as cleanup standards, and the negotiation of financial assurance requirements.

Landfills & Solid Waste

For over a decade, he has represented one of the country's largest solid waste hauling and disposal waste companies with regard to its activities in North Carolina. This has included the permitting of a new solid waste landfill, the expansion of existing solid waste landfills, contract negotiations with communities, customers and suppliers, and negotiations with citizen groups. He was also one of the lead negotiators for the solid waste industry in North Carolina's major statutory amendments to its solid waste laws in 2007.

Water Quality

Mr. Hutson has represented numerous municipalities (including the largest sewer authority in North and South Carolina) and companies with regard to waste water treatment and discharges, including the negotiation of NPDES permits, local pre-treatment permits, arbitrary testing procedures, drafting and negotiation of municipal sewer use ordinances, and enforcement proceedings related to waste water treatment and discharges. His experience includes what at the time was the first-ever agreement between a municipality and two state governments with regard to the establishment of limits for phosphorous discharges from a publicly owned treatment works.

Water Quantity

Throughout the drought in the Southeast over the last several years, he has established himself as one of the emerging experts in the area of water quantity, including regulated riparian rights, the ability of local and state agencies to impose restrictions on the use of water, the rights of property owners to have access to water in the future, especially for development purposes.

Brownfields

Mr. Hutson has been the leader in Brownfields redevelopment in North Carolina. He is one of the developers of North Carolina's Brownfields statute, negotiated North Carolina's first Brownfields agreement and its first amendment to a Brownfields agreement. He has been involved in more than 60 projects that have obtained Brownfields agreements under North Carolina's program. In addition, he has handled the development of hundreds of other sites with environmental contamination on behalf of developers, sellers and lenders.

Superfund

He has represented companies at federal super fund sites throughout the country. This includes serving as chair of PRP groups, negotiating de minimis settlements, negotiating third-party liability buyouts, and defending clients in private party cost recovery actions.

Cleanups & Remediations

He has represented clients at hundreds of sites with regard to the investigation and cleanup of contamination, including obtaining no further action letters or other proof that a cleanup has been completed. This work has included remediations done under state voluntary cleanup and underground storage tank programs. He has considerable experience in the use of risk-based corrective action (RBCA) and the development of alternate cleanup limits.

Mergers & Acquisitions

A regular part of Mr. Hutson's practice is the representation of buyers, sellers and lenders involved in mergers and acquisitions. This work includes due diligence on compliance issues, developing strategies for managing environmental risks, and the negotiation and drafting of representations, warranties and indemnities to address environmental issues.

Compliance Management Systems

He has worked with a number of companies in the development of environmental compliance management systems designed to improve compliance, effectively manage resources, and provide greater value to a company. His representations have included companies in the chemical and textile sectors.

Representative Clients