Practices

Environmental Litigation and Regulatory Compliance

Education

J.D., cum laude, Cumberland School of Law (1989)

M.A., The University of Alabama at Birmingham (1986)

B.A., Auburn University (1983)

Bar Admissions

Alabama

Courts

U.S. Court of Appeals, 11th Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. District Court, Northern District of Alabama

U.S. District Court, Middle District of Alabama

U.S. District Court, Southern District of Alabama

Practice

Richard’s practice is primarily devoted to environmental litigation. He represents clients in federal and state courts in Alabama as well as in matters involving federal and state regulatory agencies. His courtroom experience includes jury trials, bench trials, class certification hearings, and the trial of a class action.

Richard’s environmental litigation practice includes CERCLA contribution and cost recovery litigation and natural resource damage claims; Clean Air Act, Clean Water Act, and RCRA actions; land and water use issues, including wetlands protection; and nuisance, trespass, and other common law property damage claims arising from alleged pollution. He also defends personal injury actions based on exposure to asbestos, benzene, and other chemicals. Richard has represented manufacturers, financial institutions, solvent and chemical distributors, universities, and real estate developers as well as companies in the petrochemical, trucking, railroad, and recycling industries.

In addition to his litigation work, Richard advises clients regarding administrative enforcement and regulatory compliance matters, including alleged violations of permits or other requirements; declaratory rulings; public comment regarding proposed agency rulemaking; permit modification, renewal, and transfer; voluntary cleanup and redevelopment of brownfields; and energy, natural resources, historic preservation, and endangered species issues. He is also versed in environmental biotechnology issues pertaining to the development, use, and regulation of biological systems that potentially impact human and animal health and the environment.

Recent Highlights

* Representing clients in conjunction with alleged criminal violations of federal Clean Water Act

* Defending city in Clean Water Act and state common law suit brought by a company complaining of property damage allegedly caused by discharges of water from City property

* Representing chemical waste generator in suit brought by employee of waste disposal facility for personal injuries alleged to have occurred in conjunction with the unloading of chemical waste from third-party transporter's tractor-trailer

* Defending city against claims brought by Attorney General for NPDES permit violations and claims by private-party intervenors for property damage allegedly resulting from discharges from a waste water treatment plant

* Representing client in NPDES permit appeal and parallel state court litigation

* Representing manufacturing company in suit brought by over 2,000 plaintiffs for alleged personal injury and property damage from exposure to various chemicals

*Representing various PRPs in relation to EPA cost recovery activities at LWD, Inc. Superfund site (Calvert City, KY)

*Defending client in CERCLA action and prosecuting counterclaims and cross-claims  in relation to the Alabama Wood Treating site (Mobile, AL)

* Representing facility owner regarding RCRA post-closure permit activities under jurisdiction of Alabama Department of Environmental Management ("ADEM") (Huntsville, AL)

* Representing client with regard to EPA investigation of a former tank wash facility (Mobile, AL)

* Representing client pertaining to administrative action by ADEM and dispute with adjacent industry over who contaminated property

* Representing client in CERCLA contribution litigation pertaining to the Anniston PCB and lead sites (Calhoun and Talladega Counties, AL)

* Representing PRP in conjunction with hazardous waste enforcement action by state agency at former Arivec solvent recycling facility (Douglasville, Georgia)

* Representing PRPs in government cost recovery litigation pertaining to the Alabama Plating site (Vincent, AL)

* Represented insurer in declaratory judgment action regarding coverage for alleged contamination of property adjacent to insured’s

* Represented PRP in cost recovery action by EPA and DOJ regarding removal at B&B Manufacturing Superfund site (Mobile, AL)

* Represented client in conjunction with contribution claim by PRP group for shipment to M & J Solvents site (Fulton County, Georgia)

* Defended product manufacturer in case of alleged benzene and toluene exposure

* Represented developer in conjunction with alleged NPDES stormwater permit violation

* Advised scrap metal company regarding compliance for recycling exemption under Superfund Recycling Equity Act ("SREA")

* Assisted property owner in investigation and identification of source of contamination of contiguous stream and tributary by upstream manufacturing concern

* Presented expert witnesses in case in which injunction obtained against proposed limestone quarry by proving imminent harm would result to university foundation-owned wetlands research preserve from quarry construction and operation

Honors And Awards

At Cumberland School of Law of Samford University, Richard was Editor-in-Chief of the Cumberland Law Review. After graduation, he was inducted into Curia Honoris and received the Dean’s Certificate of Appreciation.

Richard is a Fellow in the Litigation Counsel of American Trial Lawyer Honorary, was listed in the 2008 & 2009 editions of Alabama Super Lawyers® magazine for Environmental Litigation, and was recognized for his Environmental Litigation practice in the 2009 Super Lawyers, Corporate Counsel Edition®.  Richard serves as Chair-Elect of the Alabama State Bar Environmental Law Section and has been a member of its Executive Committee since 1997. He is a member of the Advisory Board for the Cumberland School of Law of Samford University, and he is also involved in the American Bar Association and the Defense Research Institute.

Community Involvement

Richard is involved in charitable and public service endeavors in the community and currently serves on the Board of Directors of the Friends of Birmingham Botanical Gardens.

Reported Cases

Griffin v. Unocal Corp., 990 So.2d 291 (Ala. 2008)

Ex parte International Refining & Mfg. Co., 972 So.2d 784 (Ala. 2007)

Hammond v. Reynolds Metals Co., 219 Fed.Appx. 910 (11th Cir. 2007)

Harrison v. Cemex, Inc., 2006 WL 3371564 (S.D.Ala, November 21, 2006)

Southdown v. Allen, 119 F.Supp.2d 1223 (N.D.Ala. 2000)

Peters v. Amoco Oil Co., 57 F.Supp.2d 1268 (M.D.Ala. 1999)

Peters v. Brants Grocery, 990 F.Supp. 1337 (M.D.Ala. 1998)

Oden v. Norfolk Southern Railway Co., 1997 WL 842407 (N.D.Ala. 1997)

Adair v. Troy State University of Montgomery, 892 F.Supp. 1401, (M.D. Ala. 1995)

Williams v. Delta Intern. Machinery Corp., 619 So.2d 1330 (Ala. 1993)

USX Corp. v. Mabry, 607 So.2d 249 (Ala.Civ.App. 1992)

Towns Real Estate & Appraisal Services, Inc. v. Resolution Trust Corp., 753 F.Supp. 914 (N.D.Ala. 1991)

Speeches And Publications

* "Update on Certain Major Environmental Laws," July 30, 2009, National Business Institute, Environmental Law from A to Z (speech)

* "Writing Natural Resource Ordinances for Local Governments," September 28, 2007, Coastal Alabama Clean Water Partnership Workshop, Mobile, Alabama (speech)

* "Enforcement and Liability, " July 18, 2006, Watersheds, Nonpoint Source Pollution, and Stormwater  Workshop, at Weeks Bay Reserve, a component of the National Estuarine Research Reserve System (speech)

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