Experience

Representative matters include:

Environmental permitting and regulatory advice to the developer of a new chemical manufacturing facility in Louisiana;

Environmental permitting and regulatory advice and negotiation of wetland mitigation agreement and permittee-responsible mitigation agreement on behalf of the developer of a new industrial facility in Louisiana;

Regulatory compliance advice and defense and settlement of LDEQ enforcement actions on behalf of an operator of chemical manufacturing facilities in Louisiana;

Defense and settlement of LDEQ enforcement actions on behalf of an operator of bioenergy facilities in Louisiana;

Representation of the operator of the Louisiana bulk liquids storage terminal facility in the defense and resolution of enforcement actions by EPA Region 6 and LDEQ related to alleged releases and other violations during the flooding event, including advice regarding release reporting and responses to EPA requests for information;

Representation of lenders in environmental due diligence and permit review in connection with financings of construction of a new methanol plant and an LNG liquefaction and export facility in Louisiana;

Lead environmental counsel in issuance of environmental regulatory and permitting opinions on behalf of developer of solar energy facilities in southeastern U.S.;

Representation of the purchaser of oil and gas producing properties in Louisiana, including advice regarding environmental due diligence and indemnities and other terms of transaction documents;

Advice regarding environmental due diligence, indemnities, and related terms of transaction documents in connection with the acquisition of owners and operators of steel manufacturing facilities in Louisiana, Texas, and Tennessee, and post-acquisition regulatory and compliance advice;

Representation of the operator of a Louisiana grain storage facility in the defense and resolution of alleged Clean Water Act violations asserted by the DOJ on behalf of EPA Region 6 and LDEQ enforcement action related to the alleged release of waste oil to a bayou and insurance coverage claims for cleanup and other costs under a CGL insurance policy;

Representation of the owner of closed industrial facilities in Louisiana and Mississippi in the sale to the purchaser of brownfield properties, including negotiation of indemnities and other environmental provisions of transaction documents;

Lead environmental counsel in representation of developer of storage tank terminal facility on Mississippi River in St. John Parish, Louisiana, in acquisition of property and obtaining initial minor source air permit and other environmental permits for facility, successful resolution of litigation challenging issuance of initial permits, and successful defense of litigation seeking reversal of LDEQ's subsequent issuance of Title V (major source) and Prevention of Significant Deterioration (PSD) air permits for facility (Judgment dated 12/19/2018 in Louisiana Environmental Action Network Inc. v. The Louisiana Department of Environmental Quality, Suit No. 670056, Section 25, 19th Judicial District Court, East Baton Rouge Parish, Louisiana);

Lead environmental counsel regarding obtaining air, water, and other permits for a storage tank facility for crude oil, petroleum products, and other liquid fuels on the Mississippi River in St. James, Louisiana, successful defense of litigation seeking reversal of LDEQ's issuance of air permit (In the Matter of: Louisiana Department of Environmental Quality Permitting Decision: Regarding State (Synthetic Minor Source) Permit No. 2560-00292-00 to Petroplex International, LLC, 2010 CA 1194 (La. App. 1 Cir. 3/25/11), 58 So.3d 1155), and advice regarding a parish land use ordinance and representation at parish council meetings regarding the same;

Lead permitting attorney in obtaining RCRA, Clean Air Act, and Clean Water Act permits for a former commercial hazardous waste incineration facility; successful defense of lawsuits seeking reversal of permits (Coalition for a Good Environment, et al. v. Louisiana Department of Environmental Quality, 99-2843 (La. App. 1st Cir. 10/18/00), 772 So.2d 715, writ denied, 2001-0129 (La. 4/12/01), 789 So.2d 589, and 2001-0130 (La. 4/12/01), 789 So.2d 590);

Supervision of risk assessment and RECAP evaluation of an alleged hazardous waste disposal site in Louisiana and negotiation of a consent decree with DOJ, EPA, and LDEQ regarding the client's potential liability for response costs related to the site.