Chris Thompson helps businesses take advantage of environmental opportunities and resolve environmental challenges. His extensive experience in the interplay between the myriad local, state and federal environmental laws and regulations allows him to help his clients to negotiate this maze to achieve their business goals and, in many circumstances, view environmental matters as adding value to a company's business rather than solely as a cost center.

Transactions:

Chris has extensive experience in the environmental aspects of corporate, financial and real estate transactions. From scoping environmental due diligence, complying with EPA regulations for all appropriate inquiry, preparing and negotiating the environmental provisions of transaction documents (e.g., environmental representations, warranties and covenants) and stand-alone agreements (e.g., indemnity and remediation agreements), evaluating environmental liabilities and regulatory compliance, contracting and managing environmental professionals, to facility decommissioning and disposition, Chris has assisted large and small businesses, real estate developers and others with the environmental aspects of their transactions.

This work includes:

• Preparation and negotiation of environmental agreements for hundreds of transactions ranging from commercial real estate and multifamily residential developments, to thousands of acres of commercial timberlands
• Advise regarding all stages of environmental due diligence
• Contracting and collaboration with environmental engineers and consultants on behalf of clients to address the legal and technical aspects of environmental matters
• Over 100 so-called "brownfields" transactions involving the acquisition and disposition of contaminated properties
• Counseling regarding state voluntary clean up programs
• Negotiation of environmental insurance policies with all major environmental insurance carriers

Enforcement:

Chris represents clients in enforcement actions and citizen suits under state and federal laws including the federal Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Liability and Compensation Act ("CERCLA" a.k.a. "Superfund") and similar state laws.

Representative matters include:

• Representation of businesses in EPA enforcement actions including convincing the U.S. Department of Justice to drop a CERCLA enforcement case against a client
• Representation of a manufacturing company in an EPA enforcement action involving non-compliance with the Clean Water Act's pretreatment program
• EPCRA enforcement actions and EPA's audit policy;
• Representation of a mineral processing company in a Clean Air Act New Source Review ("NSR") "look-back" case
• Representation of a chemical manufacturing company in a case involving the land disposal of hazardous waste

Regulatory Compliance:

A proactive approach to regulatory compliance can obviate enforcement actions. Chris works with businesses to design and implement environmental management systems. Such programs combined with use of EPA's "audit" policy can prevent environmental compliance matters from becoming material liabilities.

Air:

Chris advises businesses and local governments in all aspects of the federal Clean Air Act: NAAQS, SIPs, non-attainment, new source review, Title V permitting, HAPs/MACT, new source performance standards, NSR "look-backs," the purchase and sale of emission reduction credits, reserved carbon sequestration rights, and asbestos matters. Chris also counsels clients regarding emerging global warming and greenhouse gas emissions issues and strategies.

Waste:

Chris advises generator and treatment, storage and disposal clients regarding the "mind numbing" federal RCRA regulations and delegated state hazardous waste programs. In one matter, Chris successfully obtained a hazardous waste variance on behalf of an automotive component manufacturer that two previous law firms had been unable to obtain. Chris also has extensive experience in CERCLA and similar state laws imposing strict liability for releases of hazardous substances. He has represented plaintiffs and defendants in cost recovery and contribution actions, and advised clients regarding participation in PRP groups and issues involving recycling, petroleum and parent/subsidiary liability and the Supreme Court's Aviall decision. Chris regularly advises clients regarding environmental remediation matters and federal and state financial assurance requirements for remediation projects.

Water:

Chris advises clients regarding matters involving the federal Clean Water Act and similar state statutes: NPDES permitting, citizen suits, pretreatment, water quality standards, wetlands and "Waters of the United States" issues and Section 404 permitting (including the issues involving the Supreme Court's Rapanos decision). Chris has represented plaintiffs and defendants in civil and criminal stormwater runoff and erosion cases. Chris also advises clients regarding local ordinances involving matters such as stream buffers and sewer hookup bans, and these local issues can impact a project just as severely as federal law.

U.S. Department of Housing and Urban Development Environmental Regulations:

Through his representation of public housing authorities, low-income housing developers and investors and state agencies, Chris has a unique expertise with respect to the various and complicated HUD regulations that implement the department's responsibilities under NEPA and the various federal environmental statues. Chris has extensive and unequaled experience with HUD's noise regulations.

Prior to joining Powell Goldstein, Chris worked for the Vermont Agency of Natural Resources, Environmental Enforcement Division and the Upper Chattahoochee Riverkeeper Fund, Inc.