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| Environmental
and Energy Law
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Perrin
Q Dargan, III.
Christopher T. Colwell
Ben A. Hagood, Jr.
Wendy L. Wilkie
| Significant
Published Opinions |
Pye
v. U.S., 269 F.3d 459, (4th Cir. 2001)
Query
v. Burgess, 371 S.C. 407; 639 S.E.2d 455 (Ct. App. 2006)
Safety Kleen, Inc. v. Wyche,
274 F.3d 846 (4th Cir. 2001)
Tolers
Cove Homeowner’s Association, Inc. v. Trident
Construction Company, Inc., 355 S.C. 605; 586 S.E.2d
581 (2003)
United
States v. M/V Santa Clara I, 887 F. Supp. 825 (D.S.C.
1995)
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The Hagood & Kerr,
PA environmental and energy law practice provides
clients with environmental and energy law services
in the areas of compliance counseling, transactional
work, permitting, defense of enforcement actions,
and litigation. The attorneys in the Hagood &
Kerr, PA environmental and energy law practice are
experienced in both litigation and transactional services
including all of the following:
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Representation of
individuals, companies and governmental agencies
in environmental and energy litigation and administrative
matters involving federal and state laws regulating
land, air, water, wetlands and waste;
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Representation of
buyers and sellers in the purchase and sale of contaminated
property, the redevelopment of brownfields, and
other environmental and land use issues related
to real estate development;
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Assisting private
clients in environmental compliance issues and environmental
compliance training;
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Defending companies
and individuals in administrative, civil and criminal
environmental enforcement actions; and
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Providing legal advice
and litigation services in support of environmental
permitting and other environmental matters.
We are focused on emerging environmental
and energy issues such as climate change, alternative
and renewable energy, conservation, green building
standards, and sustainability initiatives. We are
continually monitoring federal, state, and local legislation,
case law, and policy in order to provide the most
current information to our clients.
A more detailed summary of our environmental
and energy law experience is provided below by topic:
Air, Energy,
Land and Land Use, Waste,
Water and Wetlands.
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Air
- Assisting
companies in obtaining air permits and ensuring continued
compliance.
- Litigating
contested case appeals of air permits.
- Defending
companies in response to notices of alleged violations.
- Monitoring
emerging and developing treatment of carbon emissions on
a national and international level.
Energy
- Representing
a utility in the permitting of an electricity generating
facility
- Representing
a municipal solid waste Waste-to-Energy Facility
- Chairing
a state stakeholders committee addressing issues related
to climate change, energy and commerce
Land
and Land Use
- Advising
clients in federal Superfund and state brownfields law.
We assist clients in minimizing legal liability risks associated
with purchasing and redeveloping contaminated properties
by negotiating state liability protection agreements (South
Carolina Non Responsible Party Voluntary Cleanup Contracts),
advising clients on the qualifications of the Bona Fide
Prospective Purchaser status, and assisting in the procurement
and negotiation of environmental insurance policies.
- Drafting
environmental language for purchase and sale agreements
for contaminated property and reviewing Phase I Environmental
Site Assessment for compliance with federal and state standards;
- Serving
as environmental counsel to various development groups engaged
in redeveloping contaminated property in the Charleston
area into mixed use commercial and residential developments;
- Representing
development groups and companies in the purchase and redevelopment
of property for industrial uses;
- Advising
clients with respect to requirements under the National
Environmental Policy Act (NEPA) and Environmental Impact
Statement (EIS) issues;
- Advising
clients regarding compliance with the Resource Conservation
and Recovery Act (RCRA);
- Representing
individuals, companies and state agencies in numerous cases
involving the federal Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA or Superfund) and
the South Carolina Hazardous Waste Management Act;
- Advising
clients regarding underground storage tank (UST) issues
and the State Underground Petroleum Environmental Response
Bank (SUPERB) Act;
- Representing
private clients in conducting internal investigations and
defending administrative, civil and criminal enforcement
actions involving waste, air and vessel pollution issues;
- Representing
landowners or land trusts, in association with our real
estate attorneys, in private conservation easements; and,
- Representing
local government in defending land use decisions based on
local zoning ordinances.
Waste
- Representing
and advising companies with respect to waste disposal issues.
- Representing
the South Carolina Department of Health and Environmental
Control (SCDHEC) in litigation involving the permitting
and closure of the Safety-Kleen Pinewood hazardous waste
landfill.
- Representing
a local government in litigation involving solid waste management.
- Representing
a municipal solid waste Waste-to-Energy Facility.
Water
and Wetlands
- Assisting
land owners in obtaining dock and other critical area permits.
- Defending
enforcement actions and litigating contested cases involving
wetlands permits issued by the South Carolina Department
of Health and Environmental Control’s Office of Ocean
& Coastal Resource Management.
- Representing
the South Carolina Department of Health and Environmental
Control (SCDHEC) in water quality litigation.
- Representing
companies and landowners in complying with stormwater regulations.
- Representing
vessel interests and crew members in defense of criminal
investigations into alleged vessel pollution.
- Representing
landowners in suits to clear title to marshlands.
Significant
Published Opinions:
Pye
v. U.S., 269 F.3d 459, (4th Cir. 2001)
Query
v. Burgess, 371 S.C. 407; 639 S.E.2d 455 (Ct. App. 2006)
Safety Kleen, Inc. v. Wyche, 274
F.3d 846 (4th Cir. 2001)
Tolers
Cove Homeowner’s Association, Inc. v. Trident Construction
Company, Inc., 355 S.C. 605; 586 S.E.2d 581 (2003)
United
States v. M/V Santa Clara I, 887 F. Supp. 825 (D.S.C. 1995)
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