Richard Smith is a partner in the firm's Environmental and Utilities Practice Group, where his practice includes environmental and resource management law. He advises a wide variety of business, utility, and municipal clients regarding their environmental compliance and permitting strategies, risk management issues, resource development projects, and commercial transactions. Natural Resource Matters Mr. Smith has assisted both businesses and municipal clients in the development and permitting of public and private water supply systems under the state's diversion permit authority and the state water supply planning process. Other resource-sensitive projects managed by Mr. Smith include the construction and operation of coastal facilities. These projects typically require discharge permits under the Federal Water Pollution Control Act (and its state law analog) and the approval of structures, dredging, and filling activities under the Coastal Zone Management Act and related statutory permit programs administered by the U.S. Army Corps of Engineers and state and local agencies. Mr. Smith is an advisor to the National Aquaculture Association Board and has assisted the association and aquaculture businesses in addressing a variety of industry issues related to state and federal aquaculture programs, including animal health and quarantine orders, compensation for product loss, biosecurity matters, and proposed regulations and legislation. Environmental Investigation and Remediation Projects Mr. Smith also counsels clients with respect to the evaluation, mitigation, and allocation of potential liability for environmental conditions and the remediation of contaminated property. He has conducted environmental due diligence investigations and risk management projects for more than 200 sites being considered for acquisition or lease. He has also counseled a state bond authority with respect to environmental permitting and compliance issues of borrowers in numerous transactions valued at a total of more than $600 million. Commercial Transactions Mr. Smith counsels clients in the purchase and sale of businesses and real estate development projects, focusing on environmental risks, permitting, and legal requirements related to the transfer of regulated operations, including environmental remediation programs. Health and Safety Regulation Mr. Smith counsels food industry and agricultural sector clients with respect to regulatory programs administered by the U.S. Food and Drug Administration and the U.S. Department of Agriculture. These projects concern matters ranging from food labeling standards to animal health issues and the disease eradiction and compensation program of USDA/APHIS. His publications and public speaking in this area include the legal requirements and obligations of governmental and private sector entities related to public health emergencies, as well as business continuity planning strategies. Mr. Smith has been named to the Connecticut Super Lawyers® list in the area of Environmental Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.). Professional Associations - American Bar Association, Vice Chair of Public Service, Homeland Security Committee of the Section of Environment, Energy, and Resources Law - National Aquaculture Association Board of Directors, Advisor - National Stone, Sand & Gravel Association, Council of Counsel Member - United States Delegation to Second Session of the United Nations Committee on Fisheries, Subcommittee on Aquaculture, Trondheim, Norway, 2003, Private Sector Advisor Honors and Awards - Listed in The Best Lawyers in America® as Hartford Lawyer of the Year in the area of Environmental Law for 2011 (Copyright 2010 by Woodward/White, Inc., Aiken, SC) - Listed in The Best Lawyers in America® in the area of Environmental Law since 2007 (Copyright 2011 by Woodward/White, Inc., Aiken, SC) - Listed in Connecticut Super Lawyers ® in the area of Environmental Law since 2006 (Super Lawyers is a registered trademark of Key Professional Media, Inc.) Experience - Counseling food industry with respect to the FDA registration requirements of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. - Represented lead party in the first regionalization effort in Connecticut to join communities in a water distribution infrastructure system to address potable water supply needs and infrastructure security requirements. The project includes the construction of approximately $12 million of new infrastructure to connect existing water supply systems in multiple municipal utilities. Our efforts included preparation of several agreements for construction, funding, rate-setting, and system operations requirements of the project. The project has been heralded by regulators as a model for future efforts to optimize efficient allocation of increasingly scarce water resources and to address water security objectives related to natural, accidental, or man-made water supply emergencies. - Represented client before the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), in a disease eradication project. This project included negotiation of measures for stock depopulation, facility disinfection, development of biosecurity protocols, and financial compensation for lost stock at an aquaculture production facility. - Aquaculture permit project representing a commercial aquaculture operation in securing state and federal structures permits. - Public ferry terminal expansion project representing a municipal ferry operation in securing state and federal permits for the expansion of a coastal ferry terminal. - Counseling national telecommunication company on environmental issues associated with facility siting projects, coordinating environmental due diligence investigations of prospective sites, and assisting in the evaluation of environmental compliance requirements, site development, and remediation issues in Connecticut. - Marina and coastal residential development project representing the developer in securing local zoning, coastal management approval, and Corps of Engineers structures permits for 86-slip marina, public fishing pier, and 116-unit residential development project. - Representation of private dam owner in permitting procedure before Connecticut Department of Environmental Protection to partially remove structure below regulating threshold, including analysis of permitting criteria for ecosystem impacts and hazard analysis standards. Publications & Presentations Articles - "Pandemic Flu: Operational Impacts and Regulatory Requirements" (9/2009), published in Robinson & Cole's Environmental and Utilities Legal Update Presentations - "Getting a Good Deal Buying or Selling an SSG Business - Business and Environmental Legal Strategies," copresented with Earl W. Phillips, Jr. (3/21/2011) at National Stone, Sand & Gravel Association - "Aquaculture 101: Selecting a Business Entity That Works for You - Alternatives & Considerations" (2/2011) presented at Aquaculture America 2011 Conference, New Orleans, Louisiana - "Future Environmental Standards for Offshore Aquaculture" (2/2009) presented at Aquaculture America 2009, Chair of daylong session of 12 speakers concerning U.S. offshore aquaculture - "Selecting an Aquaculture Business Entity That Works for You" (2/2009) presented at Aquaculture America 2009 - "Aquaculture 101: Selecting a Business Entity That Works for You - Alternatives & Considerations" (2/2008) presented at Aquaculture America 2008 in Orlando, Florida - "Future Environmental Standards for Offshore Aquaculture" (2/2008) presented at Aquaculture America 2008 in Orlando, Florida - "Public Health Emergency Powers: Management of Property" (6/2007) presented at Public Health Emergency Law course, by the Connecticut Department of Public Health and the Yale Center for Public Health Preparedness, Moderator and Speaker - "The Challenges to a National Offshore Aquaculture Act Program" (2/28/2007) presented at USB-Aquaculture Coalition Meeting held at Aquaculture America 2007 - "Marine Aquaculture: A Growing Business, Legal Landscape - State Programs" (2/2007) presented at Environmental Law Institute, Washington, D.C. - "Avian Influenza and Business Continuity Planning" (8/2006) - "Animal Feeding Operations - USEPA Air Compliance Agreement" (5/2005) presented at the Connecticut Farm Bureau Association, Windsor, Connecticut, a discussion of the proposed USEPA Consent Agreement to settle enforcement exposure and to conduct monitoring investigations for agriculture facilities under the Clean Air Act, CERCLA, and EPCRA. - "U.S. Offshore Aquaculture: Elements of a Viable System" (1/2005) presented at Aquaculture America 2005, New Orleans, Louisiana - "The Aquaculture Facility Permit Process and Regulatory Compliance Requirements: How to Explain Them to Your Banker" (3/2004) presented at Aquaculture 2004, Honolulu, Hawaii - "The Operational Challenge of Effective Biosecurity Programs," copresented with John R. MacMillan, Ph.D., President, National Aquaculture Association (3/2004) at Aquaculture 2004, Honolulu, Hawaii - "U.S. Regulation of Offshore Aquaculture: Can We Compete in a Global Market?" (3/2004) presented at Aquaculture 2004: The International Triennial Meeting of the National Aquaculture Association, the World Aquaculture Association, and the American Fisheries Society, Honolulu, Hawaii - "Impact of Environmental Regulation on Aquaculture Operations and Business Planning" (2/2003) presented at Aquaculture America 2003, Louisville, Kentucky - "Legal and Regulatory Hurdles for Aquaculture" (11/2002) presented at U.S. Department of Agriculture, Joint National Aquaculture Program Planning Workshop, St. Louis, Missouri - "Clean Water Act Requirements for Recirculating Aquaculture" (7/2002) presented at The Fourth International Conference on Recirculating Aquaculture, Roanoke, Virginia - "Water Quality Concerns for Aquaculture" (2/2002) presented at Water Quality Initiative Conference, Baltimore, Maryland - "Future Obligations for Wastewater Discharges in Aquaculture: Braving a New World" (1/2002) presented at Aquaculture America 2002, San Diego, California - "Aquaculture Facility Permits - The State/Federal Permitting Process, Public Participation, and Multi-Agency Review" (1/2001) presented at Aquaculture America 2001, Orlando, Florida - "Aquaculture and the Environment: Regulatory Issues and Responses" (3/2000) presented at Connecticut Sea Grant Program - "Aquaculture and the Environment - Environmental Regulations, Permits, and Operating Issues: How to Maintain a Sense of Humor" presented at Aquaculture America 2000, New Orleans, Louisiana - "What Every Contractor Needs to Know About Brownfields" (11/1998) presented at Connecticut Construction Industries Association News 4.08.11, Earl Phillips and Rich Smith Present at National Stone, Sand & Gravel Association Convention 11.10.10, Best Lawyers Names Five Robinson & Cole Attorneys as Lawyers of the Year, Most Chosen in the Hartford Community |