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Davis and Whitlock PC

Davis and Whitlock PCFirm History
Davis & Whitlock, P.C. is the outgrowth of Gary A. Davis & Associates. Gary Davis has been practicing environmental law since 1983 when he opened his first law office in Knoxville, Tennessee. Since then his firm has represented environmental damage victims, community groups, environmental organizations, state and local governments, and individual clients throughout the country with a focus on the Southeast. In the 1980s the firm litigated precedent-setting cases involving hazardous waste disposal and water pollution on behalf of the Legal Environmental Assistance Foundation (LEAF). In the 1990s the firm represented victims of chemical pollution and fought permits for garbage dumps and hazardous waste treatment plants. In 2002 Mr. Davis focused for three years on protecting wetlands and restoring the Everglades in Southwest Florida. He moved his office to Hot Springs, North Carolina, in 2005, a small mountain village northwest of Asheville near the Tennessee border. James S. (“Jamie”) Whitlock joined the firm in 2006, and became a partner/shareholder when Davis & Whitlock, P.C., was formed in 2012. In July 2013 we moved our primary office from Hot Springs, NC, to Asheville, NC. We will miss the Hot Springs office, which was in an old rock house one block from the Appalachian Trail. However, our new Downtown Asheville office will allow us to serve our clients more effectively.

News

New Office in Downtown Asheville, North Carolina

Davis & Whitlock, P.C. is excited to announce that, effective June 17, 2013, we will moving our primary office from Hot Springs, North Carolina, to Asheville, North Carolina. We are confident that this move will allow us to better serve our current clients, as well as future clients. We hope to see you at our new location in the near future!

ExxonMobil Pegasus Pipeline Disaster – Mayflower, Arkansas

On Friday, March 29, 2013, ExxonMobil’s Pegasus pipeline, which transports heavy tar sands crude oil from Canada throughout the United States, failed in the middle of a residential subdivsion in Mayflower, Arkansas, resulting in the release of thousands of barrels of heavy crude into the subdivion’s streets, residents’ yards, storm sewers, and Lake Conway, a 6,700 acre lake connected to several creeks and used for recreational fishing. Davis & Whitlock, P.C., has been associated by a local Arkansas law firm and is accepting clients who have been impacted by this disaster. For more information, please call (828) 622-0044, or use the Case Evaluation Form on this website.

TVA Coal Ash Disaster–Court Finds TVA Negligent

On August 23, 2012, the U.S. District Court found in a 130-page opinion that TVA was negligent in its handling of coal ash at the TVA Kingston Fossil Plant going all the way back to its construction of the original coal ash dike. This follows a three-week trial in September and October 2011. TVA will finally be held accountable for the damage it has done to hundreds of property owners on the Emory River and Watts Bar Lake. The next phase of the trial will decide whether individual plaintiffs have been damaged and the extent of their damages.

BP Oil Spill Disaster — BP Settlement

On December 21, 2012, the Court entered final approval of the Settlement between a large class of Plaintiffs and BP, which includes a claims process for economic and property damages, as well as medical damages. We represent hundreds of clients who have filed for compensation under the Settlement, and it is not too late to file a claim. If you owned or operated a business in the Gulf Coast states (Louisiana, Mississippi, Alabama, and parts of Florida and Texas–see map), or if you own coastal property where the oil hit the beach, you may be eligible for compensation. There are no fees unless we recover for your claim. For more information, visit the Gulf Oil Spill Litigators website (GulfOilSpillLitigators.com), call 1-800-419-1808 or 828-622-0044, or contact us via the Case Evaluation Form on this website.

Attorney Profiles

Gary A. Davis

Gary A. Davis is an environmental attorney and consultant with over 30 years of experience in environmental law, policy, and technology. He has practiced public interest environmental law in Tennessee, North Carolina and other Southeastern states for over 22 years. He founded an office of the Legal Environmental Assistance Foundation in Tennessee in 1983 and founded an environmental research center at the University of Tennessee in 1992, which he directed until 2002, called the Center for Clean Products and Clean Technologies, focused on technologies and policies for sustainable development. He has also taught environmental law as an adjunct professor in the UT College of Law. Mr. Davis also has government experience and worked as an environmental policy analyst in the California Governor’s Office in the early 1980s. Prior to attending law school, he worked as an environmental engineer with an environmental consulting firm in Knoxville, Tennessee, that focused on pollution prevention in the chemical and pharmaceutical industries. He has been widely published and speaks nationally and internationally on environmental topics. Davis earned his law degree from the University of Tennessee and holds a Bachelor of Science degree in chemical engineering from the University of Cincinnati.

Bar Membership

Tennessee, North Carolina and California.

SUMMARY OF LEGAL, POLICY, AND TECHNICAL EXPERIENCE

Environmental Attorney and Consultant, Hot Springs, North Carolina (2005 to present).

Environmental Attorney, Knoxville, Tennessee (1988 to 2005), including associations with Sidney Gilreath & Associates and Ray, Farmer, and Eldridge.

Director and Founder, Center for Clean Products and Clean Technologies, University of Tennessee (1992 to 2002).

Senior Fellow, University of Tennessee Energy, Environment, and Resources Center (1987 to 2002).

Adjunct Professor of Environmental Law, University of Tennessee College of Law (1993 to 2002).

Environmental Attorney, Legal Environmental Assistance Foundation, Knoxville, Tennessee (1983-1988).

Environmental Policy Analyst, California Governor’s Office of Appropriate Technology, Sacramento, California (1980-83).

Legal Intern, Natural Resources Defense Council, San Francisco (1979).
Legal Intern, Office of Field Solicitor, Office of Surface Mining, Knoxville, Tennessee (1978).

Environmental Engineer, Hydroscience, Inc. (now Shaw Environmental and Infrastructure, Inc.), Knoxville, Tennessee (1975-78).

EDUCATION

J.D., University of Tennessee College of Law, Knoxville, Tennessee (1980).

B.S., Chemical Engineering, University of Cincinnati, Cincinnati, Ohio (1975).

DESCRIPTION OF LEGAL EXPERIENCE

Environmental Litigation and Advocacy

Directed advocacy and land acquisition program of 40-year old regional non-profit environmental organization and appeared before local governments, state legislature, and state administrative boards on environmental and land use issues. Campaigned successfully for referendum for conservation land acquisition program in Collier County, Florida.
For over 20 years, represented environmental groups, citizen groups, and individual clients in environmental and land use litigation in state and federal courts and before administrative boards. Drafted policy reports and position papers on environmental policy issues for environmental organizations. Served on federal and state government task forces.
Litigated toxic tort and environmental damage cases involving health effects and property damages, including dioxin exposure, solvent neuropathy, chlorinated solvent (TCE) contamination, lead contamination, radioactive waste leakage, petroleum product spills and leaks, PCB contamination, paper mill pollution, pentachlorophenol exposure.
Clients have included Environmental Defense, Sierra Club, Natural Resources Defense Council, Legal Environmental Assistance Foundation, American Canoe Association, Tennessee Environmental Council, Tennessee Scenic Rivers Association, the Clean Water Fund of North Carolina, Save Our Cumberland Mountains, and numerous local citizen organizations dealing with environmental permits and land use issues. Clients have also included individuals damaged by workplace or environmental contamination.
Non-Profit Management and Supervision

Directed policy staff of regional not-for-profit environmental organization in Southwest Florida, advised CEO on all policy issues, served on management committee for the organization, interacted with board members, drafted grant proposals for foundations and solicited contributions from major donors. Directed interdisciplinary environmental policy and technology research center at University of Tennessee. Raised hundreds of thousands of dollars from foundations and government agencies. Drafted numerous grant proposals. Developed budgets. Prepared financial reports. Conducted organizational strategic planning processes. Supervised ten staff employees and coordinated activities of cooperating faculty and graduate students. Founded and managed office of regional public interest environmental law organization. Served on boards of not-for-profit organizations, including Green Seal and Tennessee Clean Water Network. Incorporated not-for-profit organizations, including drafting of charters and bylaws, and advised organizations on compliance with state and federal laws. Recruited members and donors for organizations.

Environmental Policy Development

Government Policy Development

Negotiated improvements to stormwater pollution rules in Southwest Florida. Directed project to evaluate the health of estuaries and coastal watersheds in Southwest Florida. Created Report Card scoring system for indicators of watershed health to provide information to policy makers and general public. Evaluated water quality data to identify “impaired” waters and sources of pollution. Developed state policies, legislation, and regulations to encourage pollution prevention. Advised California Governor’s office and state regulatory agency on state and federal environmental laws and regulations. Consulted with state and local governments and regional agency on environmental policies. Authored major government policy reports on measures to promote reduction of hazardous waste and alternatives to land disposal and participated as a consultant in two U.S. Congressional Office of Technology Assessment policy studies. Researched integrated pollution control policies for State of Tennessee.

Sustainable Development/ Cleaner Production/ Pollution Prevention Research

Founded and directed university research center that focuses on policies and technologies for achieving sustainable development. Evaluated policies for cleaner production, including extended producer responsibility (product stewardship), environmental labeling, and environmental management systems. Coordinated cooperative efforts between government and industry to design cleaner products. Directed research by scientists and engineers on new cleaner products and production methods, including substitutes for toxic chemicals. Research sponsors included U.S. EPA, U.S. DOE, major manufacturing companies, such as General Motors and United Technologies Company, Green Seal environmental labeling organization, foundations and non-governmental organizations.

Comparative International Environmental Policy Research

Collaborated with European and Asian policy researchers on developments in policies to encourage sustainable development. Authored policy reports for U.S. EPA evaluating policies in other countries. Served as an advisor to OECD on extended producer responsibility policy study. Evaluated environmental labeling programs worldwide. Researched European pollution prevention policies and technologies and coauthored book on applications for the United States.

Environmental Law and Policy Scholarship

Taught environmental law and policy in University of Tennessee College of Law and Lund University in Sweden. Coached University of Tennessee Environmental Moot Court Team. Working knowledge of all major environmental statutes, including air, water, hazardous waste, solid waste, Superfund, NEPA, safe drinking water, endangered species, and toxic substances control. Also experienced with land use and zoning law and eminent domain.

BAR MEMBERSHIPS

California (1981) (inactive), Tennessee (1983), North Carolina (1999).

OTHER MEMBERSHIPS

Member, Southern Alliance for Clean Energy Board of Directors (2005 to present).

Member, Green Seal Board of Directors (2000 to present).

Member, Tennessee Clean Water Network Board of Directors (2000 to 2002).

Member, Green Seal Board of Directors (1998 to present).

Editorial Board, Journal of Industrial Ecology (1997 to 2002).

Editorial Board, Clean Products and Processes (1999 to 2001).

Member, National Academy of Sciences Committee on Coal Waste Impoundments (2001).

Member, National Academy of Sciences Committee on Environmental Management Technologies (1995-96).

Member, Oak Ridge Environmental Advisory Committee (1985 to 1993).

HONORS

Lifetime Achievement Award, Tennessee Environmental Council (1991).

Research Fellowship for European Environmental Policy Research, German Marshall Fund of the United States (1985).

Tau Beta Pi Engineering Honorary Fraternity, University of Cincinnati (1975).

SELECTED PUBLICATIONS

Books, Book Chapters, and Journal Articles

Davis, G.A. (2000 Winter). Growing Business Naturally. Forum for Applied Research and Public Policy. Vol. 15.

Davis, G.A., C.A. Wilt, and J.N. Barkenbus (1997 Sept.). Extended Product Responsibility: A Tool for a Sustainable Economy. Environment, Vol. 39, No. 7.

Allen, D.T., F. Consoli, and G.A. Davis, eds. (1997). Public Policy Applications of Life-Cycle Assessment. Society of Environmental Toxicology and Chemistry, Pensacola, FL.

Davis, G.A. (1997). Framework for Chemical Ranking and Scoring. In Chemical Ranking & Scoring: Guidelines for Relative Assessments of Chemicals, Swanson, M. and A. Socha, eds. Society of Environmental Toxicology and Chemistry, Pensacola, FL.

Davis, G.A. (1997 Spring). How Green the Label? Forum for Applied Research and Public Policy, Vol. 12.

Wilt, C.A. and G.A. Davis (1996). Local Control Wasting Away: Will Congress Level the Solid Waste Playing Field? Policy Studies Journal, Vol. 24, No. 1.

Davis, G.A. (1993). The Sun Also Rises: Evaluating the Potential for Safe Substitutes for Priority Chemicals. In Rethinking the Materials We Use: A New Focus for Pollution Policy, Geiser, K. and F. Irwin, eds., World Wildlife Fund, Washington, DC.

Davis, G.A. and P. Douglas (1990). Solid Waste Legislation: Source Reduction, Recycling, and Facility Siting Processes. In Solid Waste Management: Planning Issues and Opportunities, American Planning Association, Washington, DC.

Linnerooth, J. and G.A. Davis (1990). From Hazardous Wastes to Clean Technologies: Creating an Economic and Organizational Infrastructure. In Industrial Risk Management and Clean Technology, Maltezou, S.P. ed., Verlag Orac, Vienna.

Piasecki, B. and G.A. Davis (1987). America’s Future in Toxic Waste Management: Lessons From Europe, Greenwood Press, Westport, CT.

Linnerooth, J. and G.A. Davis (1987). Government Responsibility for Risk: The Bavarian and Hessen Hazardous Waste Disposal Systems. In Risk Management and Hazardous Waste: Implementation and the Dialectics of Credibility, Wynne, B. ed., Springer Verlag, Berlin, London, New York.

Davis, G.A. (1986 Spring). Mixed Messages on Mixed Waste: Continued Debate Over the Regulation of Mixtures of Radioactive Waste and Hazardous Chemical Waste. Tennessee Law Review, Vol. 53, No. 3.

Piasecki, B. and G.A. Davis (1984 July). A Grand Tour of Europe’s Hazardous Waste Facilities. Technology Review, Vol. 87, No. 5.

Davis, G.A. (1984). Discouraging Dumping: The California Example. In Beyond Dumping: Toxic Waste Controls, Management Options and Regulatory Reform, Piasecki, B. ed., Greenwood Press, Westport, CT.

Davis, G.A. (1983). Introduction: The Changing Role of States. In The Toxics Crisis: What States Should Do, Conference/Alternative State and Local Policies, Washington, DC.

Sponsored Research Reports

Davis, G.A. and R. Dhingra (2001). Choose Green Report: Particleboard and Medium-density Fiberboard. Prepared for Green Seal, Inc., Washington, DC.

Dhingra, R., J.G. Overly and G.A. Davis (2001). Environmental Evaluation of Materials in New Generation Vehicles. Prepared for Oak Ridge National Laboratory, Oak Ridge, TN.

Griffith, C., A. McPherson, and G.A. Davis (2001). Toxics in Vehicles: Mercury. Prepared for Clean Car Campaign, Ecology Center of Ann Arbor, with support from the Joyce Foundation.

Kelly, K., and G.A. Davis (2000). Green Seal Standard and Environmental Evaluation for General-purpose, Bathroom, and Glass Cleaners Used for Industrial and Institutional Purposes. Prepared for Green Seal, Inc., Washington, DC.

Dhingra, R., J.G. Overly, and G.A. Davis (1999). Life-Cycle Environmental Evaluation of Aluminum and Composite Intensive Vehicles. Prepared for Oak Ridge National Laboratory, Oak Ridge, TN.

Davis, G.A. and C.A. Wilt (1997). Extended Product Responsibility: A New Principle for Product-Oriented Pollution Prevention, United States Environmental Protection Agency, Office of Solid Waste, Washington, DC EPA 53–R-97-009.

Kincaid, L.E., J.D. Meline, and G.A. Davis (1996). Cleaner Technologies Substitutes Assessment: A Methodology & Resource Guide, United States Environmental Protection Agency, Office of Pollution Prevention and Toxics, Washington, DC EPA 744-R-95-002.

Menke, D.M., G.A. Davis, and B.W. Vigon (1996). Evaluation of Life-Cycle Assessment Tools. Prepared for Environment Canada, Ottawa, Canada.

Kincaid, L.E., C.A. Wilt, G.A. Davis, J. Lumley, F. Stoss and E. Carnes (1996). Vehicle Recycling and Disposal Policies in Industrialized and Developing Countries. Prepared for American Automobile Manufacturers Association.

Menke, D.M., G.A. Davis, L. Kincaid, et al. (1995). Demonstration of Alternative Cleaning Systems. United States Environmental Protection Agency, National Risk Management Research Laboratory, Office of Research and Development, Cincinnati, OH.

Davis, G.A., L. Kincaid, D. Menke, et al. (1994). The Product Side of Pollution Prevention: Evaluating the Potential for Safe Substitutes. United States Environmental Protection Agency, Risk Reduction Engineering Laboratory, Office of Research and Development, Cincinnati, OH.

Davis, G.A., L. Kincaid, M. Swanson, et al. (1994). Chemical Hazard Evaluation for Management Systems: A Method for Ranking and Scoring Chemicals By Potential Human Health and Environmental Impacts. United States Environmental Protection Agency, Risk Reduction Engineering Laboratory, Office of Research and Development, Cincinnati, OH.

Davis, G.A., M. Swanson, and S. Jones (1994). Comparative Evaluation of Chemical Ranking and Scoring Methodologies. Center for Clean Products and Clean Technologies, University of Tennessee Knoxville, TN.

Davis, G.A. and L.E. Kincaid (1993). Car Recycling and Environmental Improvement in Western Europe. Center for Clean Products and Clean Technologies, University of Tennessee, Knoxville, TN.

Davis, G.A. (1993). The Use of Life Cycle Assessment in Environmental Labeling, United States Environmental Protection Agency, Office of Pollution Prevention and Toxics, Washington, DC.

Davis, G.A., P. Dickey, D. Duxbury, et al. (1992). Household Cleaners: Environmental Evaluation and Proposed Standards for General Purpose Household Cleaners, Green Seal, Inc., Washington, DC.

Davis, G.A. (1986). Waste Reduction Programs in Western Europe, Report for United States Congress Office of Technology Assessment publication Serious Reduction of Hazardous Waste, Washington, DC.

Thackston, E.L. and G.A. Davis (1985). Gaps, Conflicts, and Inconsistencies in Tennessee’s Environmental Laws and Regulations, Tennessee Water Resources Research Center, Research Report No. 10, Knoxville, TN.

Davis, G.A. (1984). Measures to Promote the Reduction and Recycling of Hazardous Wastes in Tennessee, University of Tennessee Energy, Environment, and Resources Center, Knoxville, TN.

Stoddard, S.K., G.A. Davis, and H. Freeman (1981). Alternatives to the Land Disposal of Hazardous Wastes: An Assessment for California, California Governor’s Office of Appropriate Technology, Toxic Waste Assessment Group, Sacramento, CA.

James S. (“Jamie”) Whitlock

James S. (“Jamie”) Whitlock is an environmental attorney who attended Vermont Law School, where he graduated from the law school’s joint degree program, earning a Juris Doctor in 2004 and a Master’s Degree in Environmental Law in 2001. While at Vermont Law School, Jamie also served as Managing Editor of the Vermont Journal of Environmental Law, lobbied for environmental and other causes in the Vermont state legislature, and worked extensively with the Vermont Environmental Board, which administers Vermont’s landmark land use statute, Act 250.

Upon completion of law school, Jamie returned to the mountains of western North Carolina and worked with the Melrose, Seago & Lay law firm as an associate attorney for approximately three years. While at Melrose, Seago & Lay, Jamie worked on a wide variety of civil and criminal matters, with a focus on civil litigation, land use disputes, and appellate advocacy. In February of 2008, Jamie joined Gary A. Davis & Associates as an associate attorney, and was named a partner/shareholder in Davis & Whitlock, P.C. in February 2012. During that time, Jamie has litigated numerous environmental and land use cases in federal district courts throughout the southeast, the state courts of North Carolina and Tennessee, and numerous administrative and local venues. This litigation has focused on fighting for clean water, sustainable land use practices and development, and responsible energy choices.

Jamie is a native of Spartanburg, South Carolina, and is an Honors graduate of Spartanburg High School. Jamie attended Presbyterian College in Clinton, South Carolina, where he earned a Bachelor’s Degree in History, With Honors.

Bar Membership

North Carolina

JAMES S. WHITLOCK
61 North Andrews Avenue
P.O. Box 649
Hot Springs, NC 28743
Email: jwhitlock@enviroattorney.com

EXPERIENCE

Davis & Whitlock, P.C., Shareholder/Partner, February 2012 – present

Gary A. Davis & Associates, Hot Springs, NC; Associate Attorney, February 2008 – February, 2012

Practice focuses on public interest environmental and land use litigation in local, administrative, state and federal venues throughout the southeast
Extensive motion practice and brief writing in state and federal courts, with focus on federal Clean Water Act and other federal environmental matters
Argue various cases, including energy, utility and zoning related matters, before North Carolina and Florida local government boards and commissions
Argued as co-counsel in federal Clean Water Act jury trial in the United States District Court, Eastern District of Tennessee
Melrose, Seago & Lay, P.A., Sylva, NC; Associate Attorney, June 2005 – February 2008
Law Clerk, September 2004 – June 2005

Practice focused on civil litigation, including but not limited to land use matters, contract disputes, construction disputes, property disputes, and plaintiffs’ personal injury cases
Conducted numerous real estate closings
Drafted and argued numerous motions in state and federal court
Argued as co-counsel in bench and jury trials in North Carolina District and Superior Courts
Vermont Business Roundtable, Montpelier, VT; Research Assistant, Spring 2004

Conducted research to assess the Master Plan Permit Advisory Committee’s “New Models for Commerce and Industry” campaign
Participated in Committee’s meetings and presented research findings and legal opinions
Sirotkin and Necrason, Montpelier, VT; State Capitol Lobbying Intern, Jan. 2004 – May 2004

Tracked legislation for diverse clientele including The Sierra Club, The American Civil Liberties Union, and Renewable Energy Vermont
Researched law and analyzed policy related to pending legislation and client interests
Vermont Environmental Board, Montpelier, VT; Legal Intern, May 2003 – December 2003

Researched and drafted legal memoranda to assist in Citizen Board review of permit applications under Vermont’s landmark land use statute, Act 250
Participated in Board deliberations and drafted final Board decisions

EDUCATION

Vermont Law School, South Royalton, VT

Juris Doctor, May 2004

Class Rank: Top 20%
Managing Editor, Vermont Journal of Environmental Law
Masters of Studies in Environmental Law, August 2001

Selected Master’s Degree Coursework: Environmental Law, Land Use Law, Administrative Law, Environmental Science, Federal Natural Resources, Negotiation, Strategic Planning
Presbyterian College, Clinton, SC

Bachelor of Arts with Honors in History, May 1999

Dean’s List, 6/8 Semesters
Member, Phi Alpha Theta History Honors Society
Research Assistant to the History Department, August 1998 – May 1999
BAR ADMISSIONS/PROFESSIONAL ORGANIZATIONS

North Carolina, 2005
United States District Court, Western District of North Carolina, 2008
Numerous admissions pro hac vice to federal District Courts throughout the southeast
Qualified Representative before the Florida Public Service Commission, 2009-2012
Member, French Broad Riverkeeper Water Quality Committee
24th Judicial District Bar Association (North Carolina)
Board Member, North Carolina American Civil Liberties Union, 2006-2008

Representative Cases

Tennessee Clean Water Network and Charles McMillan, et al. v. Babelay Farm, LLC, et al. (2010)
Clean Water Act citizen suit and property damage claims on behalf of environmental group and landowners in Knox County, Tennessee to address illegal discharges of sediment and stormwater from construction site and contamination of private drinking water well. Settlement of claims resulted in, amongst other things, improved operation of stormwater detention ponds on construction site and stricter stormwater compliance standards for the site. Settlement also provided for granting of easement and payment for connection of residence to city water, as well as reimbursement for a portion of Plaintiffs’ litigation costs, including attorney and expert fees.

Association Concerned Over Resources and Nature v. Tennessee Aluminum Processors, Inc. (2010)
Clean Water Act and Resource Conservation and Recovery Act citizen suit to address surface and groundwater contamination caused by the maintenance of an aluminum slag waste stockpile in Maury County, Tennessee. Settlement of claims resulted in complete removal of stockpile and mandatory groundwater sampling in vicinity of stockpile location, as well as reimbursement of Plaintiff’s litigation costs, including attorney and expert fees.

Association Concerned Over Resources and Nature v. City of Mount Pleasant, Tennessee (2010)
Clean Water Act citizen suit to address chronic violations of municipality’s NPDES permit arising out of operation of sewage treatment plant and spray fields in Maury County, Tennessee. Settlement of claims resulted in, amongst other things, mandatory water quality testing by defendant in affected waters and reimbursement of Plaintiff’s litigation costs, including attorney and expert fees.

Patricia Stephens, et al. v. Koch Foods, LLC and City of Morristown, Tennessee (2009)
Clean Water Act citizen suit and property damage claims to address pretreatment violations by industrial discharger and NPDES permit violations by municipality in its operation of municipal sewerage system, resulting in the release of noxious gases and odors from sewerage system into residential neighborhood. Following three-week jury trial, both defendants were found to have violated the Clean Water Act, and post-trial settlements resulted in complete rehabilitation of sewer line and pump stations in affected community, improved pretreatment practices by industrial discharger, payment of civil penalties by both defendants, and award of significant litigation costs to Plaintiffs.

Watauga Watershed Alliance and Tennessee Clean Water Network v. Radford Quarries of Boone, Inc. (2009)
Clean Water Act citizen suit to address violations of defendant’s NPDES permit arising out of quartzite mining operation in Johnson County, Tennessee along Doe Creek. Settlement of claims resulted in mandatory relocation of an asphalt plant from the site and restrctions on future discharges of pollutants from site, as well as reimbursement of Plaintiffs’ litigation costs, including attorney and expert fees.

Metheny v. Prime Carolina, LLC, et al. (2008)
Clean Water Act Citizen suit and property damage claims on behalf of landowners in Asheville, North Carolina adversely impacted by discharges of sediment and increased surface water runoff caused by development of residential subdivision. Settlement of claims resulted in reimbursement of Plaintiffs’ litigation costs, including attorney and expert fees, and payment for restoration of stream on Plaintiffs’ property and compensation for property damages.

Blair, et al. v. T&K Construction, et al (2008)
Clean Water Act citizen suit and property damage claims for riverfront property near Birmingham Alabama damaged by discharges of mud from construction of subdivision. Settlement of claims resulted in substantial confidential payment for restoration of stream and compensation for property damages.

Breathe Clean Air Action Team v. Tennessee Department of Environment and Conservation and Tate & Lyle Ingredients Americas, Inc. (2005)
Challenge to air pollution construction permit for expansion of corn products processor in Loudon, Tennessee, resulting in settlement for new air pollution controls on whole plant.

Citizens Against the Pellissippi Parkway Extension v. U.S. Department of Transportation (2002)
NEPA challenge to construction of new four-lane highway through rural area of Blount County, Tennessee, resulting in preliminary injunction stopping construction of highway.

Friends of Shelby Farms Park v. U.S. Department of Transportation (2000)
NEPA and Transportation Act challenge to construction of six-lane highway through large public park in Memphis; resulted in redesign rerouting most roads around park.

Parker v. Maggoteaux Corp. (1998)
Citizen suit under Clean Water Act and RCRA, combined with toxic tort action, against operator of industrial waste landfill that contaminated ground water with lead. Achieved substantial confidential settlement for adjoining owner of Antebellum estate.

Robert Orr/Sysco Food Services Co. v. Laidlaw Environmental Systems (1994)
Successful challenge on behalf of food distributor to air pollution operating permit for neighboring hazardous waste treatment facility in Nashville, Tennessee, resulting in order by County Health Board to close the hazardous waste facility.

Residents Against Industrial Landfill Expansion v. Diversified Systems, Inc. (1992)
Clean Water Act citizen suit against industrial waste landfill site in McMinn County, Tennessee, that resulted in ruling by federal district court requiring NPDES permits for landfill sediment ponds.

Conatser v. Ashland Chemical, et al. (1989)
Products liability suit against manufacturers of solvents on behalf of screen printing plant worker who suffered neurological effects, resulting in substantial confidential settlement.

Champion International Corporation v. EPA (LEAF, NC Clean Water Fund, Intervenors) (1986)
Objections by citizens group to inadequate wastewater permit issued by North Carolina to paper mill resulted in U.S. EPA veto of permit and ultimate issuance of stronger permit by EPA. Champion sued EPA to contest permit veto, and LEAF intervened. Federal district court dismissed challenge.

Legal Environmental Assistance Foundation v. Hodel (1984)
Citizen suit under Clean Water Act and RCRA to enforce hazardous waste and water pollution control regulations at U.S. Department of Energy nuclear weapons facility in Oak Ridge, Tennessee. Federal district court found that DOE nuclear weapons facilities are not exempt from federal and state environmental regulations. The suit resulted in application of federal and state environmental regulations to all nuclear weapons facilities nationwide.

Representative Clients

  • Western North Carolina Alliance
  • French Broad Riverkeeper
  • Robert Orr SYSCO
  • Watauga Watershed Alliance
  • Natural Resources Defense Council
  • Legal Environmental Assistance Foundation
  • American Canoe Association
  • Tennessee Environmental Council
  • Tennessee Scenic Rivers Association
  • Clean Water Fund of North Carolina
  • Save Our Cumberland Mountains
  • Tennessee Clean Water Network
  • Southern Alliance for Clean Energy
  • Conservancy of Southwest Florida
  • Association Concerned Over Resources and Nature
  • Numerous local citizen organizations dealing with environmental permits and land use issues
  • Numerous individuals damaged by workplace or environmental contamination with hazardous waste and toxic chemicals
  • Individual landowners challenging condemnation of private property for industrial development

PRACTICE AREAS

Permit Challenges
Our firm handles challenges to environmental permits for industrial facilities, solid and hazardous waste facilities, and land developments.

Citizen Suits
Federal environmental statutes grant affected citizens the right to sue violators of permits and regulations in federal court to compel compliance and penalize the violator.

Land Use and Zoning
Destructive developments require local land use approval by county commissions or city councils.

Property Rights
When governments or authorized corporations attempt to take private property for projects that destroy communities and the environment, such as pipelines and industrial parks, we represent property

NEPA and Environmental Impact Statement Reviews
Projects built or funded by the federal government, such as highway projects, or non-federal projects subject to federal permits, such as wetlands dredge and fill permits, require review under the

Toxic Waste Exposure
We represent people exposed to toxic chemicals and hazardous waste, whether in the home or in the workplace.

Property Contamination
Leaking landfills, industrial lagoons, and gasoline spills and leaks can permanently contaminate drinking water supplies and soils on surrounding properties.

Contact Us

Asheville, NC
21 Battery Park Avenue
Suite 206
Asheville, NC 28801
(828) 622-0044
(828) 398-0435 (fax)

Kingston, TN
924 N Kentucky St
Kingston, TN 37763
(865) 376-6769

http://enviroattorney.com/

About the Author