- Administrative and Regulatory
- Environmental, Administrative & Regulatory Law
|University ||University of Alabama, B.S.Ch.E., 1978|
|Law School||University of Alabama, J.D., 1981|
|Admitted||1981, Alabama; 1982, South Carolina; U.S. District Court, District of South Carolina; U.S. Court of Appeals, Fourth Circuit|
Civic & Professional Memberships
•Alabama State Bar
•South Carolina Bar
•Administrative and Regulatory Section, South Carolina Bar
•South Carolina Administrative and Regulatory Law Association, Board Member
•American Bar Association
•The American Bar Association Section on Environment, Energy, and Resources
James Potter practices primarily in environmental law with an emphasis in air pollution, water pollution, hazardous waste, solid waste, radioactive waste, and Superfund litigation.
With more than 30 years of legal experience, James has represented clients ranging from corporations and financial institutions to municipal and local governments and has practiced before federal, state, and administrative courts.
His background includes handling OSHA-related matters, reviewing loans for environmental concerns, negotiating Brownfields ventures, and negotiating and litigating regulatory enforcement actions and permit appeals.
In addition to publishing a number of client alerts on a broad range of topics, James has authored articles on environmental law and regulatory compliance for the South Carolina Lawyer and for publications of the State Chamber of Commerce and the South Carolina Textile Manufacturers Association.
He has spoken and organized presentations on matters relating to environmental law, natural resources law, administrative law, and emergency preparedness and has presented at meetings of the South Carolina Bar, the South Carolina Administrative and Regulatory Law Association, and various business and financial trade groups. He is a board member of the South Carolina Administrative and Regulatory Law Association.
James graduated cum laude with a Bachelor of Science degree in chemical engineering from the University of Alabama and earned his law degree from the University of Alabama School of Law. While studying for his undergraduate degree, he participated in the engineering co-op program of the United States Department of Energy's Oak Ridge Facilities.
•Best Lawyers in America since 2010 (Environmental Law)
Speaking & Writing
•EARL e-News: The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier
May 16, 2013
•EARL e-News: Industry and Developers Affected by Changes to South Carolina's General Permit for Stormwater Discharges from Construction Activities
May 10, 2013
•EARL e-News: EPA Raises Certain Environmental Penalties
November 8, 2013
•EARL e-News: EPA Finalizes Cooling Water Intake Rule for Existing Facilities
May 21, 2014
•EARL e-News: EPA, Corps of Engineers Issue New Clean Water Act Rule
May 27, 2015
•EARL e-News: EPA Updates its Audit Disclosure Policy
June 2, 2015
•EARL e-News: The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina
August 6, 2015
•EARL e-News: Update on New Clean Water Act Rule
August 28, 2015
Documents by this lawyer on Martindale.com
Update 2 on WOTUS
James W. Potter, September 10, 2015
The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that it will only respect the injunction in the thirteen states granted...
Update on New Clean Water Act Rule
James W. Potter, September 2, 2015
On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take effect). North Dakota et al v. U.S. Environmental Protection Agency et...
The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina
James W. Potter, August 10, 2015
In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination which did not directly impact a plaintiff’s property -...
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