Environmental and Energy Law Attorneys 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) 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: 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; 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; Assisting private clients in environmental compliance issues and environmental compliance training; Defending companies and individuals in administrative, civil and criminal environmental enforcement actions; and 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. 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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