Practice Areas & Industries: Kilpatrick Stockton LLP

Practice/Industry Group Overview

Kilpatrick Stockton's Environmental, Land Use and Natural Resources Team is one of the United States' largest and most experienced legal practices devoted to environmental law. The size and experience of our practice, combined with a diverse client base and a business-minded philosophy that emphasizes creative problem-solving make the Environmental Team well able to handle virtually any business-related environmental problem.

Services Available

In particular, the practice assists public¿and private¿sector clients in avoiding environmental liability and regulatory conflicts through preventive counseling and management of environmental permit processes. This practice also challenges regulations, handles appeals of regulatory decisions, and represents clients in environmental litigation. We have substantial experience representing groups of defendants in multiparty environmental and toxic-tort litigation. Clients include firms and trade associations involved in textiles, chemical manufacturing, metal casting, metal finishing, forest products, mining, transportation engineering, hazardous waste management, electronics, residential and commercial development, food and beverages, banking, furniture, packaging, environmental consulting, and wholesale and retail distribution of petroleum products, as well as state and local governments.

We are particularly proficient in providing services relating to air and water quality, including obtaining air quality construction and operating permits (including Title V, PSD) in numerous states; defending against enforcement actions alleging noncompliance with air quality requirements; Clean Water Act permitting (NPDES and wetlands) and successful modification of state water quality standards; representing coalitions of wastewater dischargers in the development of watershed-based responses to compliance with total maximum daily load (TMDL) water quality standards; and defending federal and state enforcement actions against industrial and municipal wastewater dischargers.

Representative Transactions

• Resolution of controversies arising from natural resource usage, including fisheries, timber management, endangered species, and wetlands permitting.
• Implemented a successful NOX emission trading strategy for avoiding installation of expensive emission control technology at a textile facility in southern California.
• Researched, drafted, and lobbied through to passage and implementation, legislation implementing state air quality laws.
• Successfully challenged EPA's ambient air quality standards for particulate matter in the U.S. Court of Appeals for the D.C. Circuit, and assisted in developing compliance strategies for the new ozone and particulate matter National Ambient Air Quality Standards.
• Represented major manufacturer of food additives in FDA laboratory audit and compliance proceedings.
• Represented mining and related industries in rulemaking and litigation over OSHA standards for lead, cadmium, arsenic, sulfure dioxide, silver, mineral fiber and copper.
• Drafted corporate procedures and practices necessary for compliance with new areas of regulation, including hazard communication and employee right-to-know laws.
• Represented metal and nonmetal mining operators in MSHA proceeding to establish new standard for emissions of diesel particulate matter.
• Provided guidance to manufactures on the reporting and recordkeeping requirements necessary to maintain TSCA and FIFRA compliance and compliance with Good Laboratory Practices.
• Assisted European branches of U.S. companies in obtaining pesticide registrations under European Community (EC) regulations and in negotiating agreements for access to scientific test data with other manufacturers.
• Obtained substantial revisions in New Jersey's water quality standards program including antidegradation, metal standards, bacteria standards, and methods for developing effluent limitations for toxic pollutants.
• Defended numerous federal and state enforcement actions against industrial and municipal wastewater dischargers including the successful defense of criminal enforcement cases.
• Represented former owner of Abex Portsmouth Foundry in development of $30 million remedial action plan and developed evidence to support cost-recovery action.
• Convinced regulatory agencies in Virginia and Louisiana to revise their regulations to accept risk-based RCRA closure plans.
• Obtained exemption for major oil company from clean up requirements of North Carolina corrective action program.
• Represented national constuction contractor in obtaining dismissal from a federal investigation of violations of wetlands regulations in New York.
• Assisted with a program for updating and expanding national environmental regulations for developing countries in South America.
• Performed due diligence for sale of lead, copper and zinc mines, along with associated smelting and refining facilities.
• Performed environmental due diligence in connection with mergers and subsequent initial public offerings of multi-company combinations involving numerous facilities.
• Negotiated environmental issues associated with purchase and sale of properties included on state and federal environmental priorities lists.
• Represented individual parties, PRP groups, and steering committees responsible for hazardous substances sites under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund) and equivalent state programs.
• Assisted a distributor of agricultural commodities upon discovery of contaminated product by developing a legal strategy to avoid triggering Food and Drug Administration (FDA) sanctions.
• Counseled major national doughnut manufacturer on state and federal food labeling requirements and related due diligence disclosure.
• Resolved disputed chemical classifications with EPA.
• Represented a coalition of dischargers in the Tar-Pamlico River Basin in gaining North Carolina acceptance of a unique pollution-credits trading program. Anticipated savings over conventional technology solutions should exceed $40 million.
• Served as lead counsel for federal action against Shell Oil in which Cleanup costs will exceed $1 billion.
• Past involvement in EPA regulatory determinations for mining and mineral processing resulting in litigation and subsequent development of mine waste regulations.
• Defended developer in a suit brought by citizens alleging that construction of restaurant would harm the endangered Perdido Key Beach Mouse. Trial resulted in opinion that the proposed development would not adversely affect the endangered species.
• Defended county government in EPA enforcement action for construction of highway without a Section 404 wetlands permit. Negotiated Supplemental Environmental Project (SEP) in lieu of penalty payment and obtained permits for past and future work in face of challenge by environmental group intervenor.
• Negotiated and structured a joint venture enterprise to conduct environmental training and education in Chile.
• Counseled European Union pesticide regulations and negotiating data compensation agreements.
• Managed environmental aspects of several "brownfield" redevelopment projects including one of the first brownfields in North Carolina.
• Assisted industries in obtaining state and local construction and operating permits, including Title V operating permits and Prevention of Significant Deterioration (PSD) permits, throughout the entire United States.
• Performed environmental due diligence investigations necessary for business acquisition and mergers; the purchase, sale and lease of real property; and public and private debt financing.