Practices & Industries
- Town of Boone, North Carolina – We represent the Town of Boone in connection with its acquisition of land and permitting for a water intake at the Town. The water intake involves significant environmental permitting, as well as assistance and cooperation from other local communities.
- Stanly County, North Carolina – We have represented Stanly County for several years in its opposition to the State’s approval of a Section 401 water quality certification for a large hydropower relicensing project. Alcoa Power Generating Incorporated (“APGI”) maintains a dam system consisting of a series of four dams within Stanly County’s borders. APGI has a Federal Energy Regulatory Commission license to operate those dams. Despite being out of compliance with environmental standards, the State of North Carolina issued to APGI the State’s approval necessary to obtain a renewed license to operate the dams. After a nearly five week trial, the State withdrew its approval. This matter currently remains in litigation.
- Transylvania County, North Carolina – We represented Transylvania County in negotiations before the North Carolina Department of Environment and Natural Resources (“DENR”) and the United States Environmental Protection Agency (“EPA”) in connection with the redevelopment of a site that housed a manufacturing facility.
- Town of Unionville, North Carolina – We have represented the Town of Unionville for many years in its opposition to the proposed construction of various landfills by a private party within the Town. Among other things, we prevailed in federal court litigation over the Town’s denial of a franchise for an industrial landfill. We currently represent the Town in federal court litigation concerning a construction and demolition landfill.
- City of Charlotte Housing Authority, North Carolina – We have represented the Charlotte Housing Authority on a number of miscellaneous environmental matters including the purchase of impacted property and litigation involving contaminated property adjacent to property owned by the Housing Authority.
- Brunswick County, North Carolina – We have represented Brunswick County in a variety of environmental matters including the implementation of stormwater regulations, the purchase of a sewer and water authority, and disputes over water rates. We also represented Brunswick County in a lawsuit involving an underground storage tank leak at the County’s water intake.
- Town of Maxton, North Carolina – We represented the Town of Maxton in its opposition to a proposed municipal solid waste landfill near the Town’s borders. Scotland County was considering a public/private partnership whereby a private landfill company would build and operate a municipal solid waste landfill for the County at the location of a closed landfill near the Town. The Town opposed the proposed landfill, and after significant opposition, the County abandoned its effort.
- City of Conover, North Carolina – We represented the City of Conover in a contested case proceeding against DENR’s Division of Waste Management regarding a permit issued for the cleanup of the General Electric facility in Conover. We were able to assist in a settlement after mediation.
- Town of Wadesboro, North Carolina – We represented the Town of Wadesboro in negotiations regarding an illegal solid waste dump in the Town.
- Town of Mooresville, North Carolina – We represented the Town of Mooresville in a matter under the federal Comprehensive Environmental Response, Compensation and Recovery Act.
- Town of Huntersville, North Carolina – We represented the Town of Huntersville in a lawsuit involving its contract with a solid waste management company. We resolved that lawsuit in a manner favorable to the Town.
- Village of Marvin, North Carolina – We assisted the Village of Marvin with development risks associated with the Carolina Heelsplitter mussel, and other issues under the Endangered Species Act.
- Rutherford County, North Carolina – We represented Rutherford County in securing the development of a data center for Facebook. We advised the County on environmental issues in connection with the sale of environmentally contaminated property, and offered creative solutions to facilitate the transaction (including advisement on the Brownfields program and economic packages).
- City of Monroe, North Carolina – We are representing the City of Monroe on the purchase of contaminated property through the Brownfields program. We are assisting in the acquisition process and advising the City on ways to mitigate environmental liability associated with the purchase of a property that has significant contamination.
- City of Winston-Salem, North Carolina – We assisted the City of Winston-Salem with environmental due diligence in connection with the acquisition of property, which the City would lease to a third party for the development of a baseball stadium.
- Marlboro County, South Carolina – We represent Marlboro County in its opposition to a private landfill company’s attempted siting of a 1.48 million ton per year municipal solid waste landfill in the County. The opposition has involved eight lawsuits filed by and against Marlboro County. We also represent Marlboro County on general environmental matters.
- Town of Andrews, South Carolina – We represent the Town of Andrews in an enforcement proceeding brought by the South Carolina Department of Health and Environmental Control (“DHEC”) regarding the Town’s wastewater treatment lagoons. The lagoons were closed by the Town and DHEC alleges that the closure was improper.
- Aiken County Housing Authority, South Carolina – We represented the Aiken County Housing Authority in a public/private partnership involving the purchase of a total of 25 properties in the Town of Graniteville that comprised a former series of textile mills in that area. Within that purchase, six former textile mills had environmental impacts and we assisted an affiliate of the Authority in purchasing those six tracts of land under a Brownfields agreement (called a “voluntary cleanup contract” in South Carolina). This was one of the largest land purchases under a set of Brownfields agreements in South Carolina at that time. At present, those former mills are being redeveloped into a new town center with shops, hotels, a museum, and other amenities.
- Calhoun County, South Carolina – We assisted Calhoun County in drafting portions of its sewer use ordinance. We also assisted the County in analyzing potential enforcement against significant users of the wastewater treatment system.
- Spartanburg Sanitary Sewer District, Spartanburg, South Carolina – We represent the Spartanburg Sanitary Sewer District on a number of issues including permitting and corporate issues, acquisition of sewer lines and systems, preparation of rules and regulations, and general business and corporate advice. We also represent the District in enforcement and litigation matters.
- Lake County, Indiana – We have represented Lake County, Indiana in a variety of cases challenging claims for exemption from personal property taxes of alleged pollution control equipment.
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