Thomas Grever

Thomas J. Grever counsels and litigates in all aspects of environmental law, including air, water, hazardous waste, Superfund and natural resource damages. He assists clients in negotiating and obtaining environmental permits from state and federal environmental agencies and defending these permits from legal challenges.

His practice includes significant focus on Clean Air Act permitting and enforcement, including new source review, Title V operating permits, and hazardous air pollutants. Tom works with clients in a broad range of industries, including utility, cement, agricultural products, mining and chemical manufacturing.

Tom’s environmental litigation experience includes successful arguments in federal and state courts of appeal. In addition, Tom counsels clients on occupational health and safety issues and Occupational Safety and Health Administration (OSHA) compliance.

Tom’s recent experience includes:

• Defending and litigating on behalf of mining companies against claims for natural resource damages under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and common law by federal, state and tribal governments at historic metals mining sites, including litigation of NRD damage assessment and valuation methods;
• Serving as litigation counsel for the Potentially Responsible Parties group in CERCLA and state law cost recovery claims for river sediments remediation;
• Appealing federal greenhouse gas permit regulations in the Court of Appeals, District of Columbia Circuit, on behalf of a Missouri electric utilities association;
• Challenging and arguing the appeal of the OSHA Hazard Communication Standard in the Court of Appeals, District of Columbia Circuit, on behalf of a manufacturing industry association;
• Serving as general counsel for a municipal wastewater treatment agency and as outside environmental counsel for various municipalities and sewer agencies in Missouri and Kansas in Clean Water Act enforcement matters for combined sewer overflows, sanitary sewer overflows, municipal stormwater control and pretreatment agreements with industrial operators;
• Successfully obtaining contribution and cost recovery against the liquidating trust of a former auto parts manufacturer;
• Defending a paper manufacturer against private party CERCLA contribution and cost recovery claims related to PCB contamination at a former facility, including successful dismissal of cost recovery claims;
• Defending a PSD construction permit for a 250 MW electric power plant against challenges by the Sierra Club in the Missouri Air Conservation Commission through the Missouri Supreme Court;
• Appealing emission control technology (Best Available Control Technology) limits in a construction permit for an oil extraction facility before the Missouri Air Conservation Commission;
• Defending Portland cement manufacturers in Clean Air Act enforcement actions and Section 114 investigations; and
• Coordinating and serving as litigation counsel for a Fortune 500 chemical manufacturer’s national toxic tort and CERCLA litigation.

Tom began his career as an assistant attorney general in the Ohio Attorney General’s environmental enforcement section, representing the Ohio Environmental Protection Agency and the Ohio Department of Natural Resources in civil and criminal enforcement, permit appeals, and development of environmental regulations.

Education:

• J.D., Ohio State University, 1992
• B.A., Northwestern University, 1989

Bar Admissions:

• Missouri
• Ohio
• U.S. District Court, Eastern District of Missouri
• U.S. District Court, Western District of Missouri
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. Court of Appeals, District of Columbia Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. Court of Appeals, Eighth Circuit

Memberships:

• Missouri Bar, Environmental and Energy Law Committee, Chair (2014-Present)
• Air & Waste Management Association, Midwest Chapter, Chair (2006-2007)
• American Bar Association, Section of Environment, Energy and Resources
• American Bar Association’s National Resources & Environment, Editorial Board (2016-Present)
• Kansas City Metropolitan Bar Association

Community Involvement:

• Kansas City Climate Protection Steering Committee (2014-present)
• Seton Center Family and Health Services, Board of Trustees