- Economic Development
- Government Contracts
- Legislative & Regulatory
- Public Sector and Government
- Environmental Law
|University ||Clemson University, B.S., 1973|
|Law School||University of South Carolina, J.D., 1976|
|Admitted||1976, South Carolina; U.S. District Court, District of South Carolina; U.S. Court of Appeals, Fourth Circuit; U.S. Supreme Court|
Civic & Professional Memberships
•Urban Land Institute SC Midlands Executive Committee
•ULI SC Sustainable Leadership Institute
•Environmental Law Institute, Member
•South Carolina Bar - Administrative and Regulatory Law Committee; Environmental and Natural Resources Section Chair; House of Delegates, Former Member; Government Law Section, Former Chairman
•American Bar Association - Energy, Environment and Resources Section, Administrative and Regulatory Law Section
•South Carolina Chamber of Commerce - Former Director, Legislative Agenda Task Force Member
South Carolina’s deep roots in agriculture and industry date back to its founding as one of America’s original Thirteen Colonies in the late 1600s. Tommy Lavender recognizes how that history, combined with the state’s abundant natural resources, and the regulation of them, can create complex problems.
Helping businesses find solutions
To understand how he can help executives see through the weeds, consider his background. Tommy studied Mechanical Engineering at Clemson and after law school went to work for the South Carolina Department of Health and Environmental Control as an Environmental Engineer. A year and a half later, he was promoted to Assistant General Counsel of the state regulatory agency.
From there, he went on to work for a capital corporation where he worked the legal side of multifamily resort development projects -- issues such as land acquisition, permitting, zoning, and other entitlements.
He’s been in private practice now for just about 30 years and is the Chair of Nexsen Pruet’s Environmental, Administrative and Regulatory Law Group. In that role, he leads and coordinates attorney teams to ensure that the firm’s business and professional clients receive high quality legal services.
•Nexsen Pruet Attorneys Recognized By Peers; Twenty-Eight Named to 2013 Super Lawyers List for South Carolina
April 30, 2013
•Helen Grant and Tommy Lavender Graduate from the Riley Institute Diversity Leaders Initiative
July 17, 2013
•Ron Cardwell and Phil Conner Join Nexsen Pruet; Law Firm’s Greenville Office Welcomes Environmental Law Veterans
July 16, 2013
•14 Nexsen Pruet Attorneys Named to Legal Elite of the Midlands
October 16, 2013
•Nexsen Pruet Ranked Among Top Firms in the Carolinas
May 29, 2014
•fellow, American College of Environmental Lawyers
•South Carolina Super Lawyer in Environmental Law (2008-2010, 2012-2013, 2014)
•Legal Elite of the Midlands - Environmental Law (2012, 2013)
•Best Lawyers in America since 1995 (Environmental Law)
•2014 In-House Counsel Ethics Seminar
October 31, 2014
•State Economic Development Incentives for the Agribusiness Industry
November 7, 2014
•Legislative Update and Product Development Seminar
June 27, 2014
•South Carolina Stormwater Management 2014
February 7, 2014
•EARL e-News: PCB Discharges Prompt DHEC Emergency Regulation
September 27, 2013
•EARL e-News: ASTM issues new ASTM E1527-13 Standard for Phase I ESA
December 30, 2013
•EARL e-News: DHEC Publishes Updated List of Exempt Sources of Air Emissions
December 11, 2013
•An Update of Flow Control Jurisprudence since United Haulers
August 29, 2014
Seminar Materials - Legislative Update
These presentations and materials are from the Nexsen Pruet Economic Development Seminar held on June 21, 2013, Legislative Update.
Practical Guide to Commercial Real Estate in South Carolina
Nexsen Pruet attorneys Ed Menzie, Tommy Lavender and Joan Hartley are contributing authors for the newly published book.
Client Alert: South Carolina Legislature Acts to Protect Businesses from Citizens Lawsuits
On June 6, 2012 South Carolina’s General Assembly ratified and Governor Nikki Halley signed into law a bill that repeals a 2011 ruling from the State Supreme Court. In Georgetown County League of Women Voters v. Smith Land Co., 393 S.C. 350 (2011), the court ruled that private citizens are allowed to file lawsuits to enforce the Pollution Control Act. That ruling was a big concern for businesses that anticipated a spate of new, perhaps frivolous, lawsuits.
South Carolina Certifies Corps' Nationwide Permits
The people of South Carolina now have certainty about the availability of 2012 Nationwide Permits (“NWPs”). On April 23, 2012, the South Carolina Department of Health and Environmental Control (“DHEC”) issued its 401 Water Quality Certification and Certification of Consistency with the South Carolina Coastal Zone Management Act for each of the Corps of Engineers’ 2012 Nationwide Permits. Those became effective March 19, 2012.
Ashley II and beyond...
In cases of first and second impression, federal district courts in South Carolina and California have now ruled on the bona fide prospective purchase (“BFPP”) defense following its enactment in 2002 and EPA’s subsequent “all appropriate inquiries” (“AAI”) implementing regulations in 2006.
Green Buildings: A Breakdown of LEED Standards
In April 2009 the U.S. Green Building Council released its most recent version of Leadership in Energy and Environmental Design (LEED) green building rating system. This standard is a voluntary system but is used (like ASTM) as a reference system for this type of construction.
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Stimulus Spending Breakdown by State and Category
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Recent Significant Environmental Justice Decisions
Industrial Site Selection Issues and Environmental Due Diligence - The County Attorney Law Update South Carolina Association of County Attorneys' Continuing Legal Education, August 2014 in Hilton Head Island, SC
Presentation with Joan Hartley to commercial brokers and property managers on Environmental Due Diligence, March 2014
Practice & Procedure: When Representing a Client Before DHEC - South Carolina Bar Seminars Direct Online, May 2011
Doing the Deal: Attracting Developer & Investors to Muncipal Brownfield Projects - NBA, September 2008.
View from the Dark Side - SCAARLA, September 2008.
“Administration and Enforcement of the Wetlands” LORMAN, January 30, 2008 “South Carolina Civil Engineers and Land Surveyors Land Law” Half-Moon, LLC, January 21, 2008
“New Developments in Administrative Law Practice” - SCAARLA Educational Seminar, December 8, 2006
“New Developments in Administrative Law Practice”, SCAARLA Educational Seminar, December 8, 2006
“Administrative Law Court Update”, by Judge Marvin F. Kittrell and W. Thomas Lavender, Jr., 2006 Local Government Attorneys’ Institute, December 8, 2006
DHEC Appeals Process, Special Environmental Issues Briefing, November 2006
Experiences with Previous Contracts, South Carolina Voluntary Cleanup Program Workshop, September 2006
“Understanding and Avoiding Environmental Pitfalls,” Real Estate Intensive Workshop, July 21-22, 2006
“Environmental Update”, Attorney and CEO Clinic, December 7, 2005
“Current Developments in Commercial Real Estate” SC Bar CLE, October 10, 2003
“Environmental Law Update, 2003
“Environmental Issues in Commercial Real Estate Transactions in South Carolina”, May 3, 2003
Outside Nexsen Pruet
When he’s not at the firm or at home with his nose in a file, Tommy likes to travel with his wife, eat good food, drink good wine, and give Gamecock fans grief every chance he gets.
|Reported Cases||Notable: SC Jurisprudence Experience: Court of Appeals of South Carolina. GLASSCOCK COMPANY, INC., Waste Industries, Inc. and Wilson MacEwen, Appellants, v. SUMTER COUNTY, Frank Williams, Jr., Naomi Sanders, Carol Burr, Charles Edens, Louis Fleming, James Campbell, Rudy Singleton (members of the County Council) and Waste Management, Inc., Respondents; Supreme Court of South Carolina. SOUTHEAST RESOURCE RECOVERY, INC., Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Involved Citizens of the Helena Community, Rev. Nura Ray Matthews, Chairman, Little Beaver Dam Baptist Church, John L. Hunter, Paul Herbert, Eugene Maybin, Jr., John and Jessie Reeder, Lillie May Washington, William W. Parr, Sr., Eliza M. Parr and Bill Parr, Jr., Respondents. Court of Appeals of South Carolina. SOIL REMEDIATION COMPANY and Yadkin Brick Company, Inc., Plaintiffs, v. NU-WAY ENVIRONMENTAL, INC., Defendant and Third-Party Plaintiff, Respondent, v. CAROLINA EASTMAN DIVISION, a Division of Eastman Kodak Company, Third-Party Defendant, Yeargin, Inc., Third-Party Defendant, Appellant. James E. EARLE, Respondent, v. Dr. Ezra Kenneth AYCOCK as Commissioner of the South Carolina Department of Health and Environmental Control, Appellant. Opinion Letter - Office of the Attorney General State of South Carolina; Northeast Sanitary Landfill, Inc., and Container Corp. of Columbia v. South Carolina Department of Health and Environmental Control|
Documents by this lawyer on Martindale.com
An Update of Flow Control Jurisprudence since United Haulers
Tommy Lavender, September 2, 2014
Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. Plaintiffs in the cases since United Haulers have asserted a multitude of arguments in an...
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