Editorial: Environment in Georgia

01 April 2007

Three firms stand out for both the quality and capacity of their environmental practices. Alston & Bird LLP is recommended as “one of the leading firms in the state for environment work”, distinguishing itself on two fronts. It fields a quartet of nominees, one of whom – Lee Dehihns – is the most nominated individual in the chapter. One prominent source called him “one of the top environmental lawyers in the state in my opinion – based on complexity of matters, clients and outcomes”. Before joining the firm he served as deputy regional administrator of the US Environmental Protection Agency (USEPA) region IV, equipping him with “a strong regulatory background”. High profile matters include representing Gwinnett County, Georgia in its challenge to the County’s National Pollutant Discharge Elimination System (NPDES) permit to discharge highly treated effluent into Lake Lanier. Robert Mowrey, chair of the firm’s environmental and land use group. is “making a name for himself ” as “good and young with a varied stable of clients”. One source noted: “If I personally had an environmental matter I would approach him first. I regularly turn to him when I need advice.” 

Douglas Arnold also attracted nothing but praise. “A good and smart attorney”, he is said to be “extremely sharp” on toxic tort and environmental litigation. Arnold is currently part of the trial team for Flexible Products, a subsidiary of Dow Chemical, in three consolidated lawsuits where 1,200 plaintiffs are seeking damages for personal injuries caused by alleged exposure to isocyanates (the raw materials that make up all polyurethane products). He is also currently representing Louisiana-Pacific Corporation as well as Walter Industries and its subsidiary, US Pipe & Foundry. Arnold was also recently appointed chair of the environmental enforcement and crimes committee of the ABA section of environment, energy and resources. Douglas Cloud (“very sharp”) offers clients both regulatory and transactional expertise and is “well known for his air quality work”. Cloud successfully resolved two of region IV’s largest air permitting enforcement cases. 

Troutman Sanders is another outfit with an impressive reputation in the field, particularly for air quality and power plant compliance issues. John Johnson leads the environmental & natural resources practice group and came to the firm following 10 years with USEPA. Johnson is rated by one eminent source as “a first-rate trial lawyer, one of the senior environmental lawyers in the state and someone whose work I hold in high regard”. Johnson counselled a commercial waste treatment facility in obtaining a hazardous waste treatment and storage permit, the first issued by the State of Georgia. Margaret Campbell is recognised as “outstanding for air quality work”; and Douglas Henderson is said to do “an outstanding job across a multitude of areas”. In litigation, he had significant successes at the eleventh circuit, the Georgia Supreme Court, the Georgia Court of Appeals and several trial courts. Henderson heads the firm’s toxic tort and environmental litigation group, which was praised as having “more ‘true’ environmental lawyers than anyone in the state – they have a great strength in depth”. Another commented: “I have significant respect for the environmental attorneys at Troutman Sanders. They are thoughtful and effective advocates for their clients both in court and before regulatory agencies. They are also fun people to work with.” 

Patricia Barmeyer of King & Spalding LLP is another high-flyer, who served for 17 years as assistant attorney general for the State of Georgia before joining the firm. “One of the state’s greatest environmental litigators”, she is said to be a “very smart strategic thinker”. Among other matters Barmeyer has acted as lead counsel for the State of Georgia and the Georgia Department of Transport in multiple lawsuits brought by environmental groups related to compliance with the Clean Air Act. Charles Tisdale is highlighted as “the foremost Superfund attorney in Georgia, if not the South-East, if not the whole of the US”. Recent highlights include the completion of a de minimis settlement with over 100 parties at the Aqua-Tech site and the negotiation of a final consent decree which included forgiveness by EPA of costs for insolvent parties. Tisdale has also worked on numerous brownfields transactions for companies such as Novare, Georgia Tech and Aramark and he is also known for his air and water work. Les Oakes is “very strong technically” and “an excellent transactional lawyer”, according to one respondent. Oakes’s time as an environmental engineer with the environmental protection division of the Georgia Department of Natural Resources has also equipped him with a strong regulatory background. Much of Oakes’s time is taken up in the areas of hazardous waste, air and water. King & Spalding emerges from our findings as “one of the foremost environmental firms in the state”. 

Hunton & Williams LLP is a “good firm that offers strength in depth” – it has two highly rated individuals on the following pages. Robert Hogfoss leads in terms of nominations and comes recommended as “very solid and experienced in a multitude of areas”. Hogfoss has advised some of the US’ largest oil pipelines on the Clean Water Act, the Pipeline Safety Act and other enforcement actions. He also represented a Publicly-Owned Treatment Works (POTW) in Florida in the defence of a Clean Water Act citizen suit seeking more than $50 million in civil penalties. Fellow partner Catherine Little is “a formidable adversary and an excellent lawyer” according to our sources. Little represents oil pipelines and has advised on federal and state enforcement actions arising from spills. 

Richard Horder, head of the environmental and natural resources group in the Atlanta office of Kilpatrick Stockton LLP, is “one of the stand-outs of the Georgia environment bar”. One source noted: “If your back was against the wall and you were facing a potential trial then you would gravitate towards him.” Horder previously worked as assistant United States attorney for the northern district of Georgia and also served as associate general counsel with Georgia- Pacific. Our findings suggest that Kilpatrick Stockton is a “strong firm across the board” and this is borne out by the inclusion of the “very capable” Susan Richardson. The “leading figure on the Clean Water Act” has negotiated a multi-party federal consent decree regarding wastewater issues on behalf of Knoxville Utilities Board and resolved a wastewater permit appeal for the city of Atlanta. Jones Day also has two nominees: Charles Perry and Graham Holden. Perry has a background with EPA and was praised as a “very seasoned and senior litigator”. He was recently lead counsel in the defence of a major waste management company in the attempted closure of one of Georgia’s largest municipal landfills. Holden is “a good air quality lawyer (and these are hard to come by)”, according to one source. Clients include manufacturing, electric, chemical and petrochemical companies. 

McKenna Long & Aldridge LLP stands out thanks to the high regard in which the “sharp” Edward “skip” Kazmarek is held. “My first choice when I have to refer environmental matters”, according to one source, he is said to do “a lot of litigation and Superfund”. Gerald Pouncey heads the environmental law and land use section at Morris Manning & Martin LLP and is “number one for brownfields redevelopment and a transactional guru”. Pouncey has served as lead environmental counsel for the nation’s largest brownfield redevelopment, the Atlantic Station project, and has led efforts in the acquisition and redevelopment of old industrial sites such as the Atlantic Steel Redevelopment in Atlanta. Gordon Alphonso of McGuire Woods LLP is an “excellent environmental generalist” and “very smart and experienced”. From 1997 to 1999 Alphonso served as chief counsel, communication paper and tissue at Georgia- Pacific. Recent highlights include assisting a pulp and paper company in avoiding Clean Air Act enforcement action in Wisconsin. 

Donald Stack of Stack & Associates is “the foremost plaintiff environmental lawyer in the state” and “the first lawyer I would go to for plaintiff work”, according to sources. With offices in Savannah and Atlanta, the environmental and land use boutique comes highly recommended. Stephen O’Day heads the environmental law practice at Smith Gambrell & Russell LLP, a firm well known for its work on water and hazardous waste issues. O’Day is rated as “bright & experienced” for both contentious and transactional work – the firm works for big business as well as smaller companies and homeowner groups. The group recently won a decision from the Georgia Supreme Court for their client, a county in North Georgia, in a major solid waste landfill case, when the court ruled that they had acted properly in rejecting a proposed new landfill. They also won a Georgia Court of Appeals decision affirming a favourable jury verdict for an environmental consulting firm sued for alleged professional negligence regarding a wastewater treatment facility. 

Joan Sasine served as chief of the air and toxic law branch of USEPA region IV from 1983 to 1986 and now practises at Powell Goldstein LLP. “A solid lawyer with lots of transactional and compliance experience”, Sasine is admired by one source for “her depth of knowledge and her efficiency”. Barbara Gallo, who joined Balch & Bingham LLP in mid-2006 also comes recommended. By all accounts Gallo is “an excellent environmental litigator”; she recently defended two clients accused of polluting private property. Gallo has also had one case involving a challenge to the validity of an exclusive waste hauling arrangement. 

Savannah-based Ann Marie Stack is “the first person I would go to if I had an environmental matter on the coast” according to one prominent source. Stack’s practice at Bouhan Williams & Levy LLP was consistently praised, particularly her Clean Air Act work. Andrew Ernst of Hunter Maclean – also in Savannah – has “ a good reputation for water and wetlands work”.

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