Byron Kirkpatrick regularly advises industrial clients, developers, and local municipalities on state and federal environmental policy, permitting, and compliance and enforcement matters. Byron assists clients with assessing, and preparing public comments on, proposed environmental rules, as well as compliance planning and assurance strategies, and he has successfully challenged final EPA rules in the U.S. Court of Appeals for the D.C. Circuit.
Byron provides counsel and defense to industrial and municipal clients facing state, federal and citizen enforcement actions, under the federal Clean Water Act. And he advises industrial clients on siting and permitting strategies for new infrastructure projects and developments and on environmental risk assessment and risk management for client projects and transactions.
Byron has a broad range of experience, particularly with respect to the Clean Water Act, the Clean Air Act, the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Treaty Act, and Superfund.
Representative Matters :
- Advise several industrial and electric utility clients on the applicability of the Clean Water Act’s waste treatment system exemption with respect to various and unique wastewater treatment and ash management facilities at numerous industrial sites, as well as on state-specific issues related to this exemption.
- Advised client on Clean Water Act, National Environmental Policy Act, Endangered Species Act, and National Historic Preservation Act challenges associated with the expansion of a major infrastructure project.
- Counseled electric utility client on National Environmental Policy Act and Endangered Species Act issues associated with offshore wind energy projects.
- Represented large municipal client in federal and state enforcement action seeking to impose over $3 billion in injunctive relief to address sanitary sewer overflows.
- Represent industry association in appeal of EPA greenhouse gas regulations in the U.S. Court of Appeals for the District of Columbia Circuit.
- Advised major electric utility hydroelectric division regarding riparian and other property rights issues with respect to lakefront land owners.
- Represent several clients on tideland ownership issues associated with coastal restoration and Clean Water Act mitigation projects.
Professional and Community Involvement :
- State Bar of Georgia (Member, Environmental Law Section)
- American Bar Association (Member, Section of Environment, Energy, and Resources)
Professional Experience : Judicial Intern to Honorable Chief Justice Paul Reiber, Supreme Court of Vermont, 2006
- Vermont Law School, J.D., cum laude, 2006
- Centre College, B.S., 1998
BAR ADMISSIONS : Georgia
COURT ADMISSIONS :
- U.S. Court of Appeals for the District of Columbia
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
Rate : $$$