Doug is a litigation partner at Troutman Sanders with a national practice in environmental litigation, toxic tort litigation, mass torts, and property rights litigation. Doug has tried numerous cases to verdict involving chemical exposure, groundwater contamination, personal injury, endangered species, and similar cases. Doug also litigated cases involving water rights, reservoirs, surface mining, pipelines and storm water runoff.
As appellate counsel, Doug has successfully argued several leading environmental and property rights cases. As amicus counsel, Doug has represented the Edison Electric Institute, National Mining Association, the American Farm Bureau Federation, and the Georgia Chamber of Commerce, to name a few. In addition, Doug represents clients on a wide range of matters involving RCRA, the Clean Water Act, the Clean Air Act, CERCLA, TSCA, SMCRA, HMTA, and transactions involving those issues. A Ph.D. scientist and lawyer, Doug offers considerable experience in cases involving expert testimony on air quality, hydrology, and epidemiology.
For several years, Doug has taught environmental law at the University of Georgia. Before practicing law, Doug taught statistics at the University of Michigan.
Doug is regularly ranked as one of the Top 100 lawyers in the State of Georgia by Atlanta Magazine Superlawyers. Doug is listed in the Best Lawyers in America, Chambers USA, the Legal 500, and the Georgia Trend Legal Elite.
Recent Reported Cases
EME Homer City Generation v. EPA, 696 F.3d 7 (D.C. Cir. 2012).
Solutia v. McWane, 672 F.3d 1230 (11th Cir. 2012).
Comer v. Murphy Oil Co., 607 F.3d 1049 (5th Cir. 2010).
Solutia v. McWane, 726 F. Supp. 2d 1316 (N.D. Ala. 2010).
Massachusetts v. EPA, 127 S. Ct. 1438 (2007) (USEPA Regulation of Global Warming); Massachusetts v. EPA, 415 F.3d 5 (D. C. Cir. 2005).
Honey Business Interests LLLP v. Georgia Power Co. 2008 Ga. App. LEXIS 392 (Ga. App. 2008).
Evans v. Walter Industries, Inc., 449 F. 3d. 1159 (11th Cir. 2006).
Fulton County v. City of Atlanta, 629 S.E.2d 196 (Ga. 2006).
Payne v. Terrell, 280 Ga. 51, 622 S.E.2d 330 (2005).
City of Cairo v. Hightower Consulting Engineers, Inc. et al., 629 S.E.2d 518 (Ga. App. 2006).
Georgia Power Co. v. Jones, 626 S.E.2d 554 (Ga. App. 2006).
Sprayberry Crossing Partnership v. Phenix Supply Co., 617 S.E.2d 6 (Ga. App. 2005).
Representative Experience
Lead counsel for electric utility defending first citizen suit lawsuit filed by Sierra Club involving coal ash disposal.
For electrical manufacturer, lead counsel in successful defense of class action involving claims of personal injury and property devaluation related to PCB and lead exposure in Anniston, Alabama.
For major electric utility, lead defense counsel in first challenge to surface water withdrawal permit issued by the Georgia Environmental Protection Division.
Represented plaintiff real estate partnership in a week-long jury trial involving property devaluation associated with percholoroethylene.
First chair in jury trial involving endangered species in valuation of transmission line easement.
For local government, lead defense counsel in toxic tort action involving personal injury and property damage associated with closed municipal landfill.
First chair in the successful three week jury trial involving negligent construction of wastewater treatment facility.
Lead counsel in RCRA citizen suit involving claims of vapor intrusion and property devaluation.
Environmental counsel to U.S. subsidiary of Japanese electronic corporation on OSHA investigation involving employee exposure to lead dust in assembly operation.
Lead outside environmental counsel for major brownfield developments throughout the U.S.
Lead counsel for numerous companies in show cause hearings on CERCLA and EPCRA.
Presentations and Speaking Engagements
Program Co-Chair, ICLE Toxic Torts Seminar (2002, 2003, 2005, 2011).
Regularly lectures at CLE seminars on toxic torts, environmental litigation, and property disputes.
Publications
"Environmental Class Actions After Dukes: Is 'Rigorous' Analysis the New Rule of Law? " Bloomberg BNA Class Action Litigation Report, 2012.
"Preparing for a Regulatory Inspection," Electric Perspectives, July/August 2011.
"Vapor Intrusion Litigation Under RCRA: Where Environmental Law Meets Toxic Torts," 26 BNA Toxics Law Reporter 140, 2011 (with Jeff Hayward).
"Reverse Bificuration: Litigating Damages Before Causation?" 25 ABA Natural Resources & Environment, 2010.
Global Warming Solutions: Regulatory Challenges And Common Law Liabilities Associated With The Geologic Sequestration Of Carbon Dioxide. 6 Georgetown Journal of Law and Policy 429, 2008 (with Peter Glaser, Mack McGuffey, and Bryon Kirkpatrick).
Massachusetts v. EPA Global Warming Decision: What Does it Mean? 22 ABA Natural Resources & Environment, 48-50, 2007 (with Peter S. Glaser).
"Leaking Underground Storage Tanks as Abnormally Dangerous Activities," 14 Penn State Environmental Law Review, 2006 (with Mack McGuffey).
Georgia Administrative Law Digest of Environmental Decisions, LexisNexis Matthew Bender, 2004 (with Judge Amanda Baxter).
"MTBE: A story of Air, Water and Civil Procedure," 19 ABA Natural Resources & Environment, 2005 (with Mary McLemore).
"The Pesticide (or Farmer's) Exclusion Under CERCLA." 15 Journal of Environmental Law and Litigation, 2001.
"Structuring Corporate and Real Estate Transactions Involving Contamination" Georgia Bar Journal, April 1998 (with John Johnson & Michael Childers).
"Congressional Reform of Lender and Fiduciary Liability Under CERCLA and RCRA: Is Fleet Factors Finally Dead?" 114 Banking Law Journal 210, 1997.
"Property Owners Beware: Georgia's New Superfund Framework Takes Shape," Georgia Bar Journal, 31(2), 1995 (with Hollister Hill).
"Environmental Liability and the Law of Contracts." 50 The Business Lawyer 183, 1994.
Other Distinctions
Ranked as one of the Top 100 lawyers in the State of Georgia by SuperLawyers.
Recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA, identified as Tier 1 lawyer (2005-2012).
Top Verdicts of 2009, State of Georgia, Daily Report.
Recognized in The Best Lawyers in America in two categories: in Environmental Law and also in Mass Tort Litigation/Class Actions (2006-2013).
Identified as one of the Top 500 lawyers in America, Legal500.com.
Named to the Top Rated Lawyers Guide to Energy/Environmental/Natural Resources Law (2012).
Work Experience
Partner, Troutman Sanders LLP, 2001-present
Associate, Troutman Sanders LLP, 1993-2001
Memberships
· Member, Judicial Procedure Committee, State Bar of Georgia, 1997 - 2006.
· Chair, State Bar of Georgia, Environmental Law Section, 1999 - 2000
· Chair, State Bar of Georgia, Agricultural Law Section, 2000 - 2005