Lawyers / Professionals

	Benne C. Hutson Partner 201 North Tryon Street Charlotte, North Carolina 28202 T: 704.343.2060 F: 704.444.8739 bhutson@mcguirewoods.com 434 Fayetteville Street, Suite 2600 P.O. Box 27507 (27611) Raleigh, North Carolina 27601 T: 919.755.6615 F: 919.755.6699

Mr. Hutson has developed an extensive national practice in virtually all areas of environmental law over the last nearly 30 years.

Representative Matters

Complying with the requirements of the Federal Resource Conservation and Recovery Act and comparable state statutes, including determinations as to whether or not a material is a hazardous waste and application of regulatory exemptions (including the federal recycling exemption).

Closure and post-closure permitting, including the development of alternate concentration levels as cleanup standards and the negotiation of financial assurance requirements.

Representing one of the country's largest solid waste hauling and disposal waste companies with regard to its activities in North Carolina, including the permitting of a new solid waste landfill, the expansion of existing solid waste landfills and contract negotiations.

Serving as one of the solid waste industry's lead negotiators in major amendments to North Carolina's solid waste laws in 2007.

Representing numerous municipalities (including the largest sewer authority in North and South Carolina) and companies with regard to waste water treatment and discharges, including NPDES permitting, drafting and negotiation of municipal sewer use ordinances, and enforcement proceedings.

Negotiating the first-ever agreement between a municipality and two state governments establishing limits for phosphorous discharges from a publicly owned treatment works.

One of the emerging experts in the area of water quantity, including regulated riparian rights, government restrictions on the use of water, and property rights for future water use.

The leader in Brownfields redevelopment in North Carolina, including developing North Carolina's Brownfields statute, negotiating North Carolina's first Brownfields agreement and its first amendment to a Brownfields agreement.

Handling the development of hundreds of other sites with environmental contamination on behalf of developers, sellers and lenders.

Representing clients at hundreds of sites with regard to the investigation and cleanup of contamination, including remediations done under state voluntary cleanup and underground storage tank programs.

Representing companies at federal Superfund sites throughout the country, including serving as chair of PRP groups, negotiating de minimis settlements, and defending clients in private party cost recovery actions.

Representing buyers, sellers and lenders including environmental due diligence, developing strategies for managing environmental risks, and negotiating and drafting of environmental representations, warranties and indemnities.

Working 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.

Practices & Industries

Honors

Previous Experience

Member, Practice Area Leader, Helms Mulliss & Wicker, PLLC, Charlotte, North Carolina

Published Opinions

Hensley v. North Carolina Department of Environment and Natural Resources and Mountain Air Development Corporation, 364 N.C. 285; 698 S.E.2d 41; 2010 N.C. LEXIS 586 (upholding right to develop near trout streams)
Anson County Citizens against Chemical Toxins in Underground Storage v. North Carolina Department of Environment and Natural Resources and Chambers Development of North Carolina, 167 N.C. App. 341; 606 S.E.2d 350; 2004 N.C. App. LEXIS 2171 (upholding issuance of landfill permit)

Professional Affiliations

Civic Affiliations

EDUCATION

Harvard Law School, Cambridge, Massachusetts, J.D., cum laude, 1982

Hillsdale College, Hillsdale, Michigan, B.A., summa cum laude, 1979

ADMITTED

North Carolina 1986