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Brownfields property purchase for Glynn County Georgia
Represent Glynn County, Georgia with regard to the purchase of a major brownfields property, which currently is listed on the federal Superfund list.  more
Environmental counsel regarding removal of a legacy brownfields property
Assisted the client with removal of a legacy brownfields property from the Georgia Hazardous Site Inventory through new protections provided under more
Development of nutrient management programs
Represented the City of Durham and the City of Greensboro in obtaining modifications to the Jordan Lake Nutrient Management Strategy by the North more
Federal litigation against Army Corps of Engineers relating to management of dredged materials
Negotiated favorable settlement in suit filed by Carteret County against the Corps' alleging that dredged material management practices associated more
Rose Acre Farms, Inc. v. North Carolina Department of Environment and Natural Resources, Division of Water Quality
Rose Acre Farms, Inc. challenged several proposed water quality requirements contained in a draft operating permit to be issued by the North Carolina  more
Complex liability transfer agreements for paper manufacturing company
Negotiated complicated transaction involving a former pulp and paper mill, including liability transfer, underwriting of environmental insurance and more Featured
Carbon sequestration advice to one of the largest U.S. forest products manufacturers
Advice to one of the largest U.S. forest products manufacturers in connection with carbon sequestration issues in the Southeast. more
Acquisition counsel for Carolina Turkeys
The firm served as acquisition counsel to Carolina Turkeys, now Butterball LLC, in its acquisition of the Butterball brand and business, creating the  more
Acquisition for Acuity Brands Inc.
Served as buyer's counsel for Acuity Brands Lighting Inc., one of the world's leading providers of lighting fixtures and related products and more
Brownfields application for purchaser of former industrial facility
Prepared and submitted a Brownfields application for the purchaser of a former industrial facility in Chamblee, Georgia.  Responsibilities included more
Counsel to the State of South Carolina Regarding Interstate Port Development Treaty
Represented the State of South Carolina in connection with the execution of a historic bi-state agreement with the State of Georgia providing for the  more Case Study
Acquisition by a national yarn manufacturer
Represented a large, privately owned yarn manufacturer in its acquisition of one of the largest suppliers in the United States and Canada of more Featured
Violation of General NPDES Stormwater Permit
Represented developer with regard to federal citizen suit action brought by adjacent property owner claiming violations of General NPDES Stormwater

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Due diligence for private equity fund prior to the acquisition of a 500-acre site with retired power plant
Conducted due diligence for private equity fund prior to the acquisition of a 500-acre site with retired power plant; project included Phase I and more
Environmental litigation involving migration of off-site contamination
The firm served as lead counsel for a retail building material supplies and distribution company, in an environmental litigation case more
RCRA/CERCLA cost recovery action for major energy provider
Represented a major energy provider with regard to an RCRA/CERCLA cost recovery/contribution action involving a former refinery facility in Wichita, more
Acquisition of textile plant and environmental matters for construction company
Represented construction company with real property acquisition, site environmental assessment and remediation issues, and negotiation and more Featured
Conducted due diligence for private equity fund prior to the acquisition of 400-acre coastal Brownfields site in California
Conducted due diligence for private equity fund prior to the acquisition of 400-acre coastal Brownfields site in California with active oil field more Featured
Development of federal non-road diesel engine emission standards for construction equipment manufacturer
Represented major construction equipment manufacturer during development of federal non-road diesel engine emission standards. more
Appeal of NPDES permit for Georgia-Pacific LLC
Represented Georgia-Pacific LLC with regard to a citizen-driven appeal of the re-issuance of an NPDES permit; matter was resolved successfully in more Featured
Emission standards litigation for chemical manufacturer
Served as lead counsel for a chemical manufacturer in a successful D.C. Circuit litigation challenge of maximum achievable control technology (MACT) more
Brownfields Assessment and Revolving Loan Fund Grant counsel to municipality
Represented a North Carolina city in writing, obtaining, and implementing its first Brownfields Assessment Grant and its first Brownfields Revolving more
NPDES permitting of water reclamation facility representation for county
Represented a Georgia county with regard to NPDES permitting of a water reclamation facility and negotiated with local activists to avoid permit more
Counsel for environmental related issues in North Carolina city and county
Represented city and county in North Carolina on various environmental matters, including the expansion of existing landfills, work issues concerning  more
Defense of City of Augusta, Georgia against state Clean Water Act enforcement action
Represented the City of Augusta, Georgia in defense of a Georgia EPD Clean Water Act enforcement action. more
NPDES permit challenge counsel to Cauley Creek Water Reclamation LLC
Represented Cauley Creek Water Reclamation LLC in negotiation of a settlement agreement with numerous citizen-activists regarding the challenge of a more
Boardman Petroleum, Inc. v. Federated Mut. Ins. Co.
The firm served as lead counsel to Boardman Petroleum in two significant actions resulting in reported decisions. The first action was brought in the  more
Modification of water quality standard *
On behalf of a water and sewer authority, led successful rulemaking effort to modify unachievable water quality standard. more
Stratford Metal Finishing v. NC Dept of Environment Health and Natural Resources, Division of Waste Management
Represented Stratford Metal Finishing Inc., an electroplating company, regarding Resource Conservation and Recovery Act (RCRA) hazardous waste issues  more
Environmental litigation for yarn manufacturing supplier
The firm served as lead counsel for defendant, a supplier of spinning accessories throughout the yarn manufacturing sector of the textile industry, more
United States of America et al. v. Wachovia Bank and Trust Company, N.A.
The firm served as lead counsel on behalf of third party defendant, Achieve Bank N.A., and successfully argued the first reported case before the more
Development and project finance of a pellet manufacturer
Representing a U.S. biomass pellet company in the closing of a $2 million Convertible Note. more
Mack Trucks, Inc. and Volvo Group North America, LLC
Represented Mack Trucks Inc. and Volvo Group North America, LLC in a successful challenge to interim non-conformance penalty regulations adopted by

 more
Mack Trucks, Inc. and Volvo Powertrain Corporation *
Represented Mack Trucks, Inc. and Volvo Powertrain Corporation in successful challenge to low-NOx engine reflash regulations adopted by the

 more
Successful federal multi-district litigation for major oil companies
Represented major oil companies in federal multi-district litigation involving methyl tertiary butyl ether (MTBE), including litigation brought by more
Pro Bono work on behalf of the Southeastern Natural Sciences Academy
Pro bono work on behalf of the Southeastern Natural Sciences Academy, a non-profit entity using groundbreaking research and public education more
Environmental insurance coverage litigation for a global provider of information technology services and programs *
Represented a global provider of information technology services and programs in multiple environmental insurance coverage cases addressing soil and more
Clean Water Act for national real estate development company
Successfully defended the water and wastewater utility division of a major national real estate development company in Clean Water Act enforcement more
Environmental litigation for owner of a former solid waste landfill
We represent an owner of a former solid waste landfill in negotiations with the Georgia Environmental Protection Division to dismiss an action filed more
Mack Trucks, Inc. and Volvo Group North America, LLC
Represented Mack Trucks Inc. and Volvo Group North America, LLC in a successful challenge to final non-conformance penalty regulations adopted by EPA

 more
Comprehensive Environmental Compliance for national food products manufacturer
Provide full-service environmental counseling for a major national food products manufacturer in all areas of environmental compliance including more
Clean Air Act for subsidiaries of Rollins Inc. Western Fumigation and The Industrial Fumigant Company
Represent major subsidiaries of Rollins Inc., Western Fumigation and The Industrial Fumigant Company, in response to ongoing federal and state Clean more
Donation and installation of five solar-powered water treatment units in Haitian hospitals *
Represented a small U.S. water treatment company in the donation and installation of five solar-powered water treatment units in Haitian hospitals as  more
Clean Air Act Litigation for major electric utility company *
Successfully appealed an adverse summary judgment ruling against a major electric utility company in a Clean Air Act citizen suit case involving more
Food safety issues arising from natural contamination
Provided regulatory guidance and counseling to a large grain producer regarding the presence of a naturally occurring contaminant in grain and grain more
Georgia Environmental Protection Division enforcement action for U.S.'s largest chicken processor
Represent the United States' largest chicken processor with regard to a Georgia Environmental Protection Division enforcement action on air quality more
Permitting and Start-Up of renewable energy facility
Represent Liberation Capital, a global private equity fund specializing in project finance for renewable energy projects, in the construction and more
Environmental compliance for multinational manufacturer
Represents a multinational manufacturer of chemicals, glass, fiberglass and coatings by providing environmental legal services. We provide more Featured
Environmental Counseling for Southeast Lumber Manufacturers Association (SLMA)
Represent Southeast Lumber Manufacturers Association (SLMA), a trade association with approximately 125 independent lumber manufacturer member more
Waterway dredging project and port facilities expansion representation
Representing major stakeholder in connection with the most significant waterway dredging project and associated port facilities expansion currently more
Asset sale of Greenleaf Environmental Group's environmental remediation business
Represent Greenleaf Environmental Group in the asset sale of its environmental remediation business including the sale of its solid waste processing more
Environmental litigation for manufacturer of specialized machinery
Successfully defended manufacturer of specialized machinery against a Federal Aviation Administration/Department of Transportation investigation into  more
Superfund insurance claim and EPA negotiations for an investment partnership
Successfully obtained an agreement from an insurer to defend an investment partnership with regard to a Superfund action brought by the Environmental  more
Wetlands enforcement action for architectural and construction building products company
Successfully represented U.S. and Canadian architectural and construction building products company with regard to a wetlands enforcement action more
Endangered species habitat conservation plan for residential condominium
Represent residential condominium in negotiation of an Endangered Species Habitat Conservation Plan with the Fish and Wildlife Service. more
Performance of environmental air quality audits for a large producer of construction materials
Represented international building materials company with performance of environmental air quality audits at concrete production facilities more
Covenant not to sue at hazardous waste site for a locomotive products company *
Negotiated covenant not to sue at hazardous waste site limiting responsible party's post-closure obligation to creating a trust fund for long-term more
$8 billion merger for a publicly traded North American paper and forestry product company
Lead U.S. environmental counsel in $8 billion merger of two major, publicly traded North American paper and forestry product companies. more
Carbon-offset private equity fund
Assisted with the formation of a private equity fund dedicated to investing in land-based carbon-offset projects. more
Environmental services for largest trade organization in the home furnishings industry
Serves as national environmental counsel to world's largest and most influential trade organization serving the home furnishings industry, where we more
Reservoir dispute for large municipality
Represented large municipality with regard to the challenge of a potential new reservoir, which would have the effect of removing the city’s existing  more Featured
EPCRA and RCRA compliance for a leading tobacco company's facilities *
Advising a leading tobacco company on EPCRA and RCRA compliance for company's facilities that included tobacco manufacturing and processing, more Featured
Renewal of State Air Operating Permit for a car parts manufacturer
Represented a car parts manufacturer, with revisions to and renewal of their State Air Operating Permit and negotiation of key terms related to the more
REC purchase agreement
Represent biomass project developer in negotiating Renewable Energy Credit Purchase and Sale Agreement with utility consortium. more
Zero-discharge TMDL challenge for one of the largest U.S. forest products manufacturers
Represented one of the largest U.S. forest products manufacturers with regard to the challenge of zero-discharge TMDL for a river basin. more Featured
404 Permit for North Carolina Global Transpark Authority
Successfully obtained 404 permit and 401 certification for 700 acres of wetland impacts for the North Carolina Global Transpark Authority and more
Environmental counsel to private equity fund investing in redevelopment of contaminated property
Provide environmental counsel to a private equity fund in connection with regulatory, liability transfer and insurance issues relating to the more Featured
Regulatory approvals for a large-scale mixed-use coastal development
Regulatory approvals for a large-scale, mixed-use coastal development. The firm secured the passage of enabling legislation and obtained all required  more
Environmental complex business litigation for paper manufacturing company
The firm serves as lead counsel on behalf of a paper manufacturing company in environmental complex business litigation regarding  more
Regulatory counsel for construction equipment manufacturers
Represented major construction equipment manufacturers during development and implementation of emissions standards in North America and Europe. more
Conversion of power plant to renewable energy facility
Served as environmental counsel during renewable energy developer's conversion of coal-fired power plant to biomass combustion. more
CERCLA liability matters for one of the largest U.S. forest products manufacturers
Represented one of the largest U.S. forest products manufacturers with regard to numerous CERCLA liability on cost-recovery matters. more
Leading role in interagency task force with Environmental Protection Agency *
Served, in a leading role, on the interagency task force with Environmental Protection Agency (EPA) and Food and Drug Administration (FDA) on the more
National multi-media environmental compliance audit for international building materials company
Represented an international building materials company regarding a range of environmental issues including advice related to a national multi-media more
Brownfields agreement for Wake Forest University
Represent property developer, Wake Forest University, in a major research park's negotiations with the North Carolina Department of Environment and more Featured
Biomass project development
Assist biomass client with all aspects of project development, including feedstock purchase agreements, negotiations with fuel and power purchasers, more
Environmental matters for a North Carolina county
Assisted a North Carolina county in addressing endangered species issues in connection with the siting of a new wastewater treatment plant. more
Purchase of generating stations for a merchant power company *
Represented a merchant power company in asset purchase of generating stations in Florida and North Carolina. more
Employment litigation for governmental employees
Represented multiple employees in actions against District of Columbia government and various agencies before the Office of Employee Appeals and in more Case Study
Employment litigation for the Environmental Protection Agency *
During previous employment at the EPA was responsible for over two dozen OSHA-proposed and final regulations on a variety of toxic chemicals and more
Legal counsel to City of Atlanta for environmental matters including resolution of citizen’s suit
The firm served as lead counsel to City of Atlanta regarding National Pollutant Discharge Elimination System (“NPDES”) permitting and enforcement more
Asbestos litigation defense of Fortune 500 corporation
Represented a Fortune 500 corporation in defense of multiple wrongful death asbestos cases consolidated for trial. more
Counsel to international specialty chemical manufacturer on air quality issues
Represented an international specialty chemical manufacturer on a variety of air quality issues, including legal advice regarding a major enforcement  more
Environmental and Regulatory Permits for Major Airline
Negotiated the issuance of a permit to a RCRA-regulated aircraft maintenance facility at Hartsfield-Jackson Atlanta International Airport. more
Environmental litigation for a major bottled water company
Briefed and argued on behalf of a major bottle water company in a case involving a challenge under Michigan’s common law of groundwater, state more
Environmental regulatory advice for supply chain solutions provider
Representing a supply chain solutions provider regarding environmental regulatory permitting and matters associated with air emissions, hazardous more Featured
Community college solar PV and solar thermal lease and purchase agreement
Represented community college in lease of rooftop for solar PV and solar thermal panels and the purchase of solar thermal energy. more
Counsel to city on solid waste issues arising out of landfill closure
Represented city in solid waste issues related to the closure of a municipal solid waste landfill. more
Multiple eminent domain actions for both property owners and condemning authorities
Represented both property owners and condemning authorities, state, municipalities and businesses with regard to eminent domain actions in state and more
Environmental insurance coverage dispute
Represented insured in resolving substantial insurance coverage dispute associated with the remediation of an 85-acre former chemical manufacturing more
Renewable energy projects with governmental entities
Advise renewable energy project developers on government procurement requirements relating to energy services and purchase agreements. more
Sewer use agreements for a municipal and county government *
Represented a municipal and county government in preparation of sewer use agreements with developers. more
Environmental compliance audits for a major turkey processing company
Represented a major turkey processing company in performance and evaluation of environmental compliance audits at major production operations in the more
Lease of municipal convention center roof for installation of solar PV panels
Represent solar developer in leasing space from the City of Raleigh on its convention center roof for the installation of solar PV electric panels. more
Environmental and redevelopment issues for Georgia-based utility
Assisted major utility in dealing with environmental and redevelopment issues related to legacy energy generation sites throughout Georgia and more Featured
Waste management, product stewardship and air quality issues for a specialty tape manufacturer
Represented a manufacturer of commodity, industrial grade and specialty adhesives tapes regarding a wide range of environmental issues, including more Featured
Appeal of EPA's rulemaking on Underground Injection Control program for a municipal government *
Represented a municipal government in South Florida regarding appeal of EPA's rulemaking on Underground Injection Control (UIC) program. more
Environmental law representation for various pro bono clients
Represent various individuals and organizations in the area of environmental law. more
Environmental compliance issues for one of the largest U.S. forest products manufacturers
Represent one of the largest U.S. forest products manufacturers with regard to general environmental compliance issues, including TSCA compliance more
Environmental representation for a major wireless telecommunications provider *
Represented a major wireless telecommunications provider in all environmental aspects of its cell tower acquisitions and development. more
Environmental matters for one of the top U.S. forest products manufacturers
Represents one of the top U.S. forest products manufacturers with regard to a number of environmental matters, including a citizen-driven appeal of more Featured
Wastewater treatment system transactions
Negotiated numerous contracts for the purchase and sale of wastewater treatment and disposal systems and associated easements and access agreements. more
Wastewater enforcement action
Represented textile manufacturer with regard to settlement of a wastewater enforcement action brought by Region IV of the United States Environmental  more
Waste water permitting for food processing facility
Obtained complex waste water permit for food processing facility and successfully resolved numerous compliance matters. more
City of Raleigh groundwater variance 
Obtained complex variance for the City of Raleigh allowing the use of monitored natural attenuation to remediate groundwater and resulting in savings  more
Biofuels project development
Represent cellulosic ethanol producer in connection with regulatory approvals for feedback cultivation. more
Action resolution for multiple companies
Represented several companies with regard to resolution of an action brought by an environmental organization challenging issuance of Georgia's more
Brownfields Agreement for property redevelopment for clothing manufacturer
Represented manufacturer as the developer in negotiations with the NC Department of Environment and Natural Resources to obtain a Brownfields more Featured
Successful settlement of UST release-related claims against major oil company
Represented a major oil company in resolving threatened litigation arising from a UST release. Case was settled without litigation for less than 20 more
Environmental issues related to disposition and ownership of major Atlanta-area landowner's properties
Represent a major Atlanta-area landowner with all of the environmental matters related to ownership and disposition of properties.  We manage more
Sale/leaseback by BB&T Corporation
Represented Branch Banking & Trust in multiple proposed sale/leaseback transactions involving approximately 1,000 bank properties. more
Regulatory and transactional work in connection with environmental contamination *
Have been involved in dozens of matters involving the remediation of underground storage tank, hazardous chemical, and other environmental more
Recovery of defense costs and indemnity for former owners/ operators of a chemical manufacturing National Priority List site
The firm served as lead counsel representing the former limited partners of a now-dissolved limited partnership that formerly owned and operated a more
Litigation involving takings and breach of contract claims for twelve privately owned “drainage districts”
Represented twelve privately owned “drainage districts” along the upper Mississippi and Missouri Rivers in challenging the U.S. Army Corps of more
Wastewater compliance issues for Knoxville Utilities Board
Represented Knoxville Utilities Board with regard to wastewater compliance issues including negotiation of a comprehensive federal consent decree more
Innovative Brownfields agreement for wood processing facility
Negotiated the first Brownfields agreement in North Carolina that allowed for transfer of a RCRA-permitted facility to the state Brownfields Program. more
Food safety disclosure requirements in connection with initial public offering of major doughnut manufacturer
Counseled major doughnut manufacturer on food safety disclosure requirements in connection with initial public offering. more
Implementation of Brownfields Agreement for Kim's Greensboro Real Estate, LLC
Represented Kim's Greensboro Real Estate, LLC in the redevelopment of property that was the former site of a manufacturing plant for general more Featured
Environmental representation of coalition of conservation groups *
Represented a coalition of conservation groups and lake owner's associations in submitting written and oral comments to federal agencies on proposed more
International trademark representation for client in environmental credit industry
Counseled multinational corporate client on international trademark issues in the environmental credit industry. more
Environmental issues advice for a Canadian pulp and paper company
Representation of a Canadian pulp and paper company regarding a variety of environmental issues including compliance requirements under federal and more Featured
Wastewater permitting and enforcement work for a poultry rendering plant *
Represented a poultry rendering plant in all aspects of wastewater permitting, including permitting and enforcement work related to its Land more
Federal and state rulemakings regarding environmental matters for a major electric utility and industry coalition *
Represented a major electric utility and industry coalition in all aspects of federal and state rulemakings related to Clean Air Interstate Rule, more Featured
Regulatory counsel for septic system manufacturer
The firm serves as regulatory counsel for a leading manufacturer of septic drainfield systems. more
Innovative NPDES permit
Obtained first South Carolina waste water discharge permit allowing nutrient trading and effluent limitations based on limits of technology. more
Renewable energy certification for biomass company
Obtained state Utility Commission's approval of refuse-derived fuel and synthesis gas as certified renewable energy resources. more
General counsel to association of wastewater dischargers
Represent an association of wastewater dischargers in the Yadkin-Pee Dee River Basin in connection with environmental regulatory matters. more

*Experience gained by attorney prior to joining Kilpatrick Townsend

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Environmental & Land Use

Experience Highlights

Environmental matters for one of the top U.S. forest products manufacturers
Represents one of the top U.S. forest products manufacturers with regard to a number of environmental matters, more
EPCRA and RCRA compliance for a leading tobacco company's facilities
Advising a leading tobacco company on EPCRA and RCRA compliance for company's facilities that included tobacco manufacturing and processing, more
Implementation of Brownfields Agreement for Kim's Greensboro Real Estate, LLC
Represented Kim's Greensboro Real Estate, LLC in the redevelopment of property that was the former site of a manufacturing plant for general more
Complex liability transfer agreements for paper manufacturing company
Negotiated complicated transaction involving a former pulp and paper mill, including liability transfer, underwriting of environmental insurance and more

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