Lawyers / Professionals

 
Donald D. Anderson       
Partner
Bank of America Tower
50 North Laura Street, Suite 3300
Jacksonville, Florida 32202-3661
T: 904.798.3230
F: 904.798.3273
ddanderson@mcguirewoods.com
 

Mr. Anderson has more than 20 years of experience practicing as an environmental, safety and health lawyer. He has litigated government enforcement and private party cases under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), and the other major federal environmental, safety and health statutes, commercial disputes involving environmental issues, and common law toxic torts. 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.

He has advised clients on the environmental, safety and health aspects of numerous business and real estate transactions. He routinely provides strategic advice to property owners on issues arising from contamination of their property, including indoor air quality. 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.

He has been with McGuireWoods since 1982. 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.


Representative Matters
  • Defense of mass environmental tort action arising from alleged groundwater contamination in Polk County, Florida.
  • 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 (with David Wells) of environmental class action arising from alleged soil contamination in state court action in Florida's Panhandle. Class certification reversed (The St. Joe Co. v. Leslie, 912 So.2d 21 (Fl. DCA1 2005)).
  • 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.
  • Defend Florida municipality in state enforcement action arising from alleged construction and operation of unpermitted solid waste landfills.
  • 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.
  • Environmental counsel in numerous Brownfield transactions, including "rail to trail" projects.
  • 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.
  • Defense of manufacturer in OSHA proceeding arising from industrial accident causing amputation.
  • 15-year representation of rubber manufacturer in numerous environmental, safety and health matters arising at facilities in several Southeastern states.
  • Representation of a variety of clients over many years in numerous Superfund PRP groups.
  • 15-year representation of family lumber business in Superfund and related matters arising from ownership of hazardous waste site innocently acquired in woodland purchase.

Practices & Industries
Honors
  • Named One of the "Best Lawyers in America," Woodward/White, Inc., 2008, 2009, 2010

Publications
  • "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
  • "Some Thoughts on CERCLA Settlements," Hazardous Materials Control, November-December 1989
  • "Accidental Release Reporting," Hazardous Materials Control, July-August 1989
  • "How Clean is Clean? A Status Report," Hazardous Materials Control, March-April 1989
  • "The Supreme Court Closes the Door on Implied Causes of Action under Environmental Statutes: Middlesex County Sewerage Authority v. National Sea Clammers," 1 Virginia Journal of Natural Resources Law 303, 1982

Classes Taught
  • Adjunct Professor, Florida Coastal School of Law, Environmental & Toxic Tort Law, Spring Semesters, 2004-2006, 2008

Speaking Engagements
  • "Consultant Do's and Don'ts - From the Lawyer's Perspective," Client Workshop, February 2008
  • "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
  • "Environmental Reporting Requirements and Liability for Environmental Cleanup," Essential Issues in Florida Real Estate Acquisition and Development, Lorman, December 2004
  • "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
  • "Digging the Client Out of the Hole: Getting People to Like the Industrial Polluter," American Bar Association Environmental Advocacy Institute, March 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
  • "Environmental Statutory Requirements and Toxic Tort Litigation," National Association of Railroad Trial Counsel Seminar, August 2001
  • "Status and Future of Environmental Regulation," Florida Association of Environmental Professionals Symposium, May 2001
  • "Ergomanagement," First Coast Manufacturers Association Ergonomics Workshop, March 2000
  • "Avoiding Criminal Enforcement of Environmental Safety and Health Regulations," First Coast Manufacturers Association Symposium, October 1999
  • "OSHA: What's New," Avoiding OSHA Citations and Liabilities in Florida, Lorman, June 1999
  • "Federal Statutory Requirements Triggered by a Fire or Explosion," 8th Annual Environmental Law Seminar, Alabama Bar Institute for Continuing Legal Education, May 1999
  • "Innovative Resolution of Environmental Justice Cases," Corporate CLE Conference, McGuireWoods Client Seminar, March 1999
  • "OSHA Updates," First Coast Manufacturers Environmental Safety and Health Symposium, October 1998
  • "Administrative and Legislative Reform of Superfund and Brownfields," Client CLE Conference, January 1998
  • "Avoiding Liability for Indoor Air Quality," Sponsored by Northeast Florida Safety Council, Jacksonville, Florida, January 1998
  • "Managing Environmental, Safety and Health Inspections," POTW Workshop, Richmond, Virginia, July 1997
  • "Enforcement" and "Managing Inspections," Executive Enterprises Environmental Regulation Course, Orlando, Florida, April 1997
  • Co-chair and Speaker, Executive Enterprises Environmental Regulation Course, Baltimore, Maryland, June 1995
  • "An Overview of Occupational Safety and Health Regulations for the Veterinary Hospital," McGuireWoods Seminar for the Virginia Veterinary Medical Association, Virginia Beach, Virginia, June 1994
  • "Selected Topics in Environmental, Safety and Health Law for the Construction Industry," McGuireWoods Client Seminar, Richmond, Virginia, June 1994
  • "Environmental Law Compliance Requirements," Prevention and Disclosure of Corporate Crime: Must Companies be the Prosecutor's Partner?" McGuireWoods Client Seminar, Baltimore, Maryland, March 1993
  • "Industrial Perspective on the Increasing Emphasis Given to Ecological Issues," Annual Meeting of the American Chemical Society, Washington, D.C., August 1992
  • "The Hazard Communication Standard," McGuireWoods Client Seminar, May 1986

Professional Affiliations
  • 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

Civic Affiliations
  • Jacksonville Community Council, Inc.
    • Member, Air Quality E3 Study - Energy, Environment and the Economy, 2006-2007
    • Chair, Air Quality Advocacy Task Force, 2007-2008
 

EDUCATION

University of Virginia School of Law, Charlottesville, Virginia, J.D., 1982

  • Law Review: Articles Editor, Journal of Natural Resources Law, 1981-1982

University of Virginia, Charlottesville, Virginia, M.Ed., 1976

The College of William & Mary, Williamsburg, Virginia, B.A., 1972

  • High Honors in History
 
 

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