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Donald D. Anderson
Partner 
Bank of America Tower
ddanderson@mcguirewoods.com50 North Laura Street, Suite 3300 Jacksonville, Florida 32202-3661 F: 904.798.3273    |
Mr. Anderson has practiced for 25 years as an environmental attorney with particular additional experience handling safety and health matters. He provides advice on regulatory compliance as well as strategic advice on the environmental, safety and health aspects of numerous business and real estate transactions, including hazardous substance or petroleum contamination and indoor air quality.
Mr. Anderson also has litigated government enforcement and private party cases involving all major federal environmental, safety and health statutes, as well as commercial disputes involving environmental issues, and common law toxic torts.
He focuses on the coordination of regulatory actions driven by government agencies with mass tort litigation defense arising from hazardous substance or petroleum contamination. He has practiced before federal and state courts and agencies, and in alternate dispute resolution, throughout the eastern United States. He regularly advises clients in the aftermath of workplace accidents and on managing agency investigations.
The common theme of his work in litigation or business transactions is the assessment and avoidance, or minimization and management, of regulatory, commercial and tort risk.
Before focusing on environmental, safety and health, his litigation experience included landlord-tenant, condemnation, general commercial litigation, and products liability cases. Before law school, he spent three years teaching school, and four years as a caseworker in a juvenile and domestic relations court.
- Defense of mass environmental tort action arising from alleged groundwater contamination in Polk County, Florida, and associated regulatory actions related to petroleum and hazardous substance contamination.
- Defense of CERCLA cost recovery action brought in the Middle District of Florida against adjacent landowner.
- Chair, BCX Tank Superfund Site PRP Group.
- Defense of cement manufacturer in Mine Safety and Health Administration enforcement action arising from near-fatal accident.
- Defense of environmental class action arising from alleged soil contamination in state court action in Florida's Panhandle.
- Representation of major railroad at former creosote wood treating site, beginning with negotiation of federal consent order for remedial investigation/feasibility study and continuing through the Superfund process; co-counsel in private mass tort action.
- Advise manufacturer on environmental provisions of proposed lease of Brownfield property, as well as other Brownfield actions.
- Advise Midwestern petroleum transporter on management of regulatory actions arising from oil spills and regulatory violations.
- Defend Florida municipality in state enforcement action arising from alleged construction and operation of unpermitted solid waste landfills.
- Advise waste management company on EPA enforcement action arising from oil spill into North Carolina waterway.
- Advise manufacturer on regulatory, commercial and tort issues arising from former operation and sale of facility found to be contaminated with chlorinated solvents.
- Defense of Florida-based trucking company in environmental cost recovery actions, including State Department of Environmental Regulation v. CTL Distribution, Inc., 715 So.2d 262 (Fla. DCA3 1998).
- Advise major lending institution on indoor air quality issues, including mold, in its office buildings.
- Defense of major Southeastern retailer in OSHA enforcement actions arising from alleged violation of emergency egress and other standards;
- and defense of manufacturer in OSHA proceeding arising from industrial accident causing amputation.
- Environmental counsel to a major pulp and paper company in numerous corporate transactions involving purchase or sale of multiple manufacturing facilities.
- Defense of environmental cost recovery action brought against manufacturer in bankruptcy proceeding.
- Representation of a variety of clients over many years in numerous Superfund PRP groups.
- Energy & Utilities
- Environmental Solutions
- Toxic Tort & Environmental Litigation
- Climate Change
- Oil & Gas
- Named One of the "Best Lawyers in America," Woodward/White, Inc., 2008-2011
- Named a Florida "Super Lawyer," 2010, 2011
- "Toxic Mold: Regulatory Aspects," Handling Toxic Mold Disputes in Florida, Lorman, July 2003
- "Managing Environmental 'Raids,'" 1996
- "Be Prepared for an OSHA Visit," RAMifications, Richmond Academy of Medicine Newsletter, November 1993
- "Regulatory and Tort Liability Arising from the Owning or Operating of Storage Tanks," SCS Engineers Storage Tank Seminar, Richmond, Virginia, November 1993
- "Biota and Business - Opposing Forces?" Journal of Hazardous Materials, October 1993
- "OSHA Regulations - New Regulations and More on the Way," OSHA Compliance Update in Virginia, Richmond and Roanoke, Virginia, National Business Institute, September 1993
- "The Innocent Landowner Defense: Settlement with de Minimis Landowners under CERCLA," Hazardous Materials Control, March-April 1990
- Adjunct Professor, Florida Coastal School of Law, Environmental & Toxic Tort Law, Spring Semesters, 2004-2006, 2008-2010
- "Selected Environmental Issues Arising in Commercial Landlord-Tenant Relationships," Real Property Section of The Florida Bar, November 2010
- "Remediation of Wetlands, and Use of Wetlands for Stormwater and Wastewater Treatment," Lorman, April 2009
- "Environmental Reporting Requirements and Liability for Environmental Cleanup," Development Approval Process in Florida, Lorman, January 2008
- "Environmental Violations as Crimes - When and Why," First Coast Manufacturers Association Workshop, November 2007
- "Mitigating Climate Change," Florida Coastal School of Law Environmental Summit: Rising to the Challenge - Mitigation and Adaptation Strategies to Combat the Impact of Sea Level Rise, November 2007
- "Environmental Issues Arising in Landlord-Tenant Relationships," Landlord-Tenant Law in Florida, Lorman, July 2007
- "Environmental Concerns," Advanced Topics in Acquisition Transactions in Florida, Lorman, May 2006
- "Cost Recovery Actions in the Wake of Aviall," McGuireWoods Annual Environmental Issues Update, May 2005
- "Sarbanes-Oxley, Corporate Governance and Environmental Liability," Client Safety Training and Environmental Conference, February 2005
- "Mold: Coming to a Building Next to You, with Litigation Soon to Follow," First Coast Manufacturers Association Conference, August 2004
- "The Management of Internal Investigation and Criminal Environmental Matters," McGuireWoods Annual Environmental Issues Update, May 2004
- "Environmental, Safety and Health Compliance and Liability in the Age of Terrorism," Client Environmental, Safety and Health Conference, February 2004
- "Superfund Reform: The Small Business Liability Relief and Brownfields Revitalization Act," First Coast Manufacturers Association Workshop, May 2002
- "Selected Issues under CERCLA," McGuireWoods Annual Environmental Issues Update, April 2002
- "Crisis Planning and Management: A Primer for Outside Counsel," United States Law Firm Group Annual Meeting, January 2002
- Moderator, "When Disaster Strikes: The Law Department's New Imperative," American Corporate Counsel Association Annual Meeting, October 2001
- Florida Bar
- Environmental and Land Use Section
- Virginia State Bar
- Chairman, Environmental Law Section, 1993-1994
- American Bar Association
- Section of Environment, Energy and Resources
- First Coast Manufacturers Association
- Co-chair, Environment and Safety, 2002-2003
- Board of Directors, 2004-2006
- Northeast Florida Association of Environmental Professionals
- Jacksonville Community Council, Inc.
- Member, Air Quality E3 Study - Energy, Environment and the Economy, 2006-2007
- Chair, Air Quality Advocacy Task Force, 2007-2009
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EDUCATION University of Virginia School of Law, Charlottesville, Virginia, J.D., 1982
University of Virginia, Charlottesville, Virginia, M.Ed., 1976 The College of William & Mary, Williamsburg, Virginia, B.A., 1972 ADMITTED Florida 1996 Virginia 1982 U.S. District Court for the Eastern District of Virginia 1982 U.S. District Court for the Middle District of Florida 1997 U.S. Court of Appeals for the 4th Circuit 1982 U.S. Court of Appeals for the 11th Circuit 1997 PLACE OF BIRTH Montgomery, Alabama |