Donald D. Anderson


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  • University of Virginia School of Law, JD, Articles Editor, Journal of Natural Resources Law, 1982
  • University of Virginia, MEd, 1976
  • The College of William & Mary, BA, 1972
  • Florida
  • Virginia
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Middle District of Florida

Member, Environmental and Land Use Section, Florida Bar

Member; Chairman, Environmental Law Section, 1993-1994, Virginia State Bar

Member, Section of Environment, Energy and Resources, American Bar Association; Chair, Environmental Litigation and Toxic Torts Committee, 2012-2013; 2013-2014

Member, Jacksonville Community Council, Inc.; Chair, Air Quality Advocacy Task Force, 2007-2009

Member, First Coast Manufacturers Association; Board of Directors, 2004-2006; Co-chair, Environment and Safety, 2002-2003

Board of Directors, World Affairs Council of Jacksonville, 2011-present

Don has practiced for more than 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.

Don 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.

Since 2004, Don has been an adjunct professor at Florida Coastal School of Law, teaching “Environmental and Toxic Tort Law” and “Environmental Law and Business.”

T: +1 904 798 3230F: +1 904 798 3273EmailBank of America Tower
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Jacksonville, FL 32202-3661

Representation (for 15 years) of major railroad at former creosote wood-treating site in Florida, 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. Lee v. CSX Transportation, Inc., 958 So.2d 578 (Fla. 2d DCA 2007).

Representation (over more than a decade) of railroad at the Former Gautier Oil Company Site in Gautier, Mississippi, and assisted moving the Site through the Mississippi voluntary cleanup and Brownfield program. Site awarded EPA’s Phoenix Award for excellence in Brownfield Redevelopment (2011 Region 4 Winner).

Advice to major municipality on management of environmental risk in office park development on Superfund site, including role of environmental insurance.

Representation of Florida developer in acquisition and development of historically mined property also used for sludge disposal.

Representation of a leading supplier of rail-based freight transportation in North America in a cost recovery action by auto dealer alleging environmental response costs arising from development of property on site of former industrial wastewater lagoon against alleged prior owner and operator of lagoon.

Defense of Clean Water Act citizen suit in Southern District of Georgia.

Defense of CERCLA cost recovery action in U.S. Bankruptcy Court for the Southern District of Texas.

Defense of California OSHA enforcement actions against staffing company.

Defense of OSHA actions against dental clinics in Pennsylvania and Michigan.

Advice to bank on risk management for contaminated real estate in foreclosure.

Defense of environmental consulting firm in toxic tort wrongful death action in state court in Miami, Florida.

Advice to purchaser of commercial business in Tampa, Florida, on structuring of transaction and brownfield process.

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. St. Joe Co. v. Leslie, 912 So.2d 21 (Fla. 1st DCA 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. Lee v. CSX Transportation, Inc., 958 So.2d 578 (Fla. 2d DCA 2007).

Defense of Florida municipality in state enforcement action arising from alleged construction and operation of unpermitted solid waste landfills.

Advice to 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. State Department of Environmental Regulation v. CTL Distribution, Inc., 715 So.2d 262 (Fla. DCA3 1998).

Advised client on an apparent violation of its “synthetic minor” Florida air permit—exceedances of an annual limit on chemical usage to avoid VOC emissions. Assisted with the disclosure of the apparent violation to the FDEP in a manner that resulted in an agency decision not to take enforcement action.

Named "Lawyer of the Year," Jacksonville Litigation - Environmental, Best Lawyers in America, Woodward/White, Inc., 2014-2016

Selected for inclusion in The Best Lawyers in America, Environmental Law, Litigation - Environmental, Woodward/White, Inc., 2008-2017

Named to "Florida Super Lawyers," Environmental, Environmental Litigation, Class Action/Mass Torts, Super Lawyers, Thomson Reuters, 2010-2013, 2015

Named to "Florida's Legal Elite," Environmental, Florida Trend, 2012

Co-author, "Concerns Seep Through EPA Petroleum Vapor Guidance," Law360, July 8, 2015
Co-author, "Haze of Uncertainty Surrounds EPA Vapor Intrusion Rules," Law360, July 2, 2015
Co-author, "Vapor Concerns May Perniciously Intrude Into Your Financings," The Real Estate Finance Journal, Fall 2013
Co-author, "A Material Milestone For Vapor Intrusion," Law360, May 1, 2013
Co-author, "A Food Industry Issue Menu For 2013: Part 2," Law360, February 22, 2013
Co-author, "OSHA: A Short Primer for Health Care Employers," Health Care Law Monthly, March 2012
Author, "The Next Steps in Florida Tort Reform: Bringing Daubert to the State Courts," Association of Corporate Counsel (North Florida) Newsletter, Fall 2011
Panelist, The Changing Science of TCE: What You Need to Know at Contaminated Sites, Complimentary Webinar and Live Presentation, July 15, 2014
Speaker, "Selected Environmental Issues Arising in Commercial Landlord-Tenant Relationships," Real Property Section of The Florida Bar, November 2010
Speaker, "Remediation of Wetlands, and Use of Wetlands for Stormwater and Wastewater Treatment," Lorman seminar, April 2009
Speaker, "Environmental Reporting Requirements and Liability for Environmental Cleanup - Development Approval Process in Florida," Lorman Seminar, January 2008
Speaker, "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
Speaker, "Environmental Violations as Crimes – When and Why," First Coast Manufacturers Association Workshop, November 2007
Speaker, "Environmental Issues Arising in Landlord-Tenant Relationships - Landlord Tenant Law in Florida," Lorman Seminar, July 2007