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EDUCATION University of Richmond School of Law, Richmond, Virginia, J.D., cum laude, 1987
Wake Forest University, Winston Salem, North Carolina, B.A., 1984 ADMITTED Virginia 1987 West Virginia 1988 U.S. District Court for the Southern District of West Virginia 1988 U.S. District Court for the Eastern District of Virginia 1987 U.S. Court of Appeals for the 4th Circuit 1987 PLACE OF BIRTH Beckley, West Virginia |
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James A. Thornhill
Partner
One James Center
jthornhill@mcguirewoods.com901 East Cary Street Richmond, Virginia 23219-4030 F: 804.698.2191 |
Mr.Thornhill advises clients on environmental energy and land use matters. His practice is primarily transaction driven, as he handles environmental and land use due diligence and permitting issues in real estate, corporate and energy transactions, including leases, purchase and sale of real property, asset and stock purchases and sales, loans and donations. He has reviewed hundreds of Phase I and Phase II environmental site assessments and compliance audits for a broad range of clients. He has also analyzed and made presentations to clients on the implications of EPA’s proposed All Appropriate Inquiry (AAI) standard that will replace the Phase I.
He has represented developers in assessing and resolving issues for re-development of brownfield sites across the country for industrial, commercial and residential projects. Mr. Thornhill is actively working on or recently completed projects under voluntary remediation programs in Iowa, Maryland, Pennsylvania, Texas and Virginia. He understands not only how to identify and resolve liability issues at contaminated sites, but also how to address the practical implications of residual contamination and development restrictions that may be encountered after the regulator’s sign off on the site. He has extensive experience using environmental insurance in transactions and brownfield redevelopment, having negotiated terms on behalf of sellers, purchasers, developers and lenders.
He is experienced in landlord, tenant, owner, operator, trustee and lender liability issues involving underground and above ground storage tanks (USTs and ASTs), hazardous and solid waste, hazardous substances, petroleum, asbestos containing materials, lead-based paint, lead in water, radon, wetlands and navigable waters, endangered species and historic resources.
He has worked on a broad range of industrial uses with environmental and natural resource impacts, including energy-related facilities such as power plants and transmission lines; municipal solid waste (MSW), rubble waste and construction and demolition debris landfills, transfer stations and recycling facilities; and sand, gravel and aggregate mining, storage and distribution facilities.
- Named One of the “Best Lawyers in America," Woodward/White, Inc., 2007, 2008
- Named One of America's Leading Lawyers, Chambers USA, 2005-2008
- Law Clerk, the Hon. Walter E. Hoffman, U.S. District Court, Eastern District of Virginia, 1987-1988
- "New Requirements for Phase I Environmental Site Assessments Effective November 1, 2006," July 26, 2006
- "All Appropriate Inquiries and the New ASTM Standard for Phase I Environmental Site Assessments," December 2005
- "The Small Business Liability Relief and Brownfields Revitalization Act Changes the Rules for Property Acquisitions," Published in the NVST Private Equity Newsletter, March 5, 2002, and as "Variations in Brownfields Laws Favor the EPA, Potential Owners," Published in Banker & Tradesman, Commercial Real Estate Monthly, March 25, 2002
- "Some Tenants Exonerated from CERCLA Liability, but Relief is Not Universal," Published in the Environmental Compliance and Litigation Strategy of the Law Journal Newsletters, February 2001
- "Supreme Court Announces New Rules for Parent Corporation Liability Under CERCLA," Co-authored with Christopher D. Pomeroy, June 1998
- "Upgrade, Pull or Pay: December 22, 1998 Is The Underground Storage Tank Day of Reckoning, Or Is It?" Co-authored with Brenda S. Beerman, May 1998, Also Published in the Virginia State Bar Journal of Local Government Law, June 1998
- "Congress Provides Environmental Protection for Lenders and Fiduciaries," Co-authored with John M. Lain, Published in (i) Real Estate Financing Newsletter of the Real Property, Probate and Trust Law Section of the American Bar Association, April 1997, (ii) New Jersey's Environment, March 1997, and (iii) Pennsylvania's Environment, March 1997
- "EPA's and HUD's New Lead-Based Paint Disclosure Rule," Distributed by National Association of Housing and Redevelopment Officials to its Membership, Summer 1996
- "EPA's New Rule on Underground Storage Tank Liability for Lenders," Real Estate Financing Newsletter of the Real Property, Probate and Trust Law Section of the American Bar Association, March 1996
- "EPA's New Rule on Underground Storage Tank Liability for Lenders: What Does It Mean for Virginia?" Virginia's Environment, November 1995
- Co-author, "Zoning as a Means of Implementing an Environmental Agenda," a Portion of Emerging Environmental Issues in Virginia, Sponsored by The Cambridge Institute, 1991
- Co-author, "Federal and State Remedies to Cleanup Hazardous Waste Sites," 10 U. Rich. L. Rev 379, Winter 1986
- "New Rules for Phase I Environmental Site Assessments: How to Manage Environmental Liability When Buying Contaminated Real Estate," Sponsored by McGuireWoods, Tysons Corner, Virginia, June 2006
- "How to Avoid Regulatory Potholes in Redevelopment," Speaker and Panel Moderator, 2006 Virginia Brownfields Redevelopment Conference, March 2006
- “Does all of this fly in the real world?” (regarding federal and Virginia brownfield protections) and “U.S. Patent and Trademark Office,” Brownfield Redevelopment Case Study, 2004 Virginia Brownfields Conference
- “Brownfield Liability Protections,” International Economic Development Conference, Richmond, Virginia, 2004
- “Brownfields Redevelopment in Virginia,” Panel Moderator, Part of Public/Private Partnerships Seminar, Sponsored by Lohrman, Richmond, Virginia, 2004
- "Real Estate Transfers – Managing Environment Issues in Buying and Selling Facilities," Sponsored by the American Furniture Manufacturers' Association, Part of Environmental Affairs Conference & Expo, February 2002
- "Using Environmental Insurance in the Redevelopment of Contaminated Sites," Sponsored by the Virginia Air and Waste Management Association, at its conference on "Redevelopment of Environmentally Impaired Properties," November 2001
- "Environmental Issues in a Land Use and Site Development Context," Part of "Land Use Law in Virginia," Sponsored by Virginia CLE in Cooperation with the Land Use Subsection of the Real Property Section of the Virginia State Bar, January 1999
- "Getting Smart About Smart Growth," Maryland's Brownfield Initiative, Sponsored by McGuireWoods, October 1997
- "New Regulations for Old Property: A Practical Guide to the Changing World of Historic Resources Regulation," Sponsored by McGuireWoods and the Virginia Department of Historic Resources, October 1996
- "Virginia's Site Assessment Privilege and Voluntary Remediation Program," Sponsored by the Richmond Association of Realtors, April 1996
- "Environmental Issues for the 1990s in Commercial Real Estate," Sponsored by Career Real Estate Women of Northern Virginia, March 1995
- "Modern Real Estate Transactions," Course Guest Lecturer, Environmental Law, University of Virginia Law School, October 1994
- "Environmental Issues in the Construction of Schools," Sponsored by the Virginia Association of School Business Officials, February 1994
- "Liabilities for Lead Abatement Contractors and Inspectors," in Proposed State Licensing Course, Industrial Training Company, Richmond, Virginia, 1994-1996
- "Liabilities for Asbestos Removal Contractors, Inspectors and Monitors," in State Licensing and Renewal of Licensing Courses at the Industrial Training Company, Richmond, Virginia, 1991-1994
- "Wetlands Seminar," Sponsored by McGuireWoods, Fall 1991
