William L. Pence focuses his practice on environmental and energy representation. He represents utilities, municipalities, bulk fuel storage and pipeline companies, and industry before state and federal environmental regulatory agencies.
His practice includes managing the investigation and remediation of contaminated properties, using his extensive knowledge of this science-driven field to provide reliable advice to his clients on cost-effective remedial alternatives; negotiating applicable cleanup criteria with regulatory bodies; and representing clients in the defense and pursuit of enforcement and cost recovery claims under CERCLA, RCRA and similar state laws.
He also represents clients in connection with permitting- and compliance-related matters pertaining to petroleum pipelines, terminal facilities and tank farms.
- Represented a municipality in connection with a $13 million assessment and remediation of waterfront property impacted by the former operations of a manufactured gas plant under a streamlined United States Environmental Protection Agency (USEPA) Engineering Evaluation/Cost Analysis process, resulting in one of the fastest site cleanups in USEPA Region 4. Successful pursuit of the former/owner operator resulted in reduction of our client’s share (as current owner) for costs of cleanup to less than 10 percent of the total cost.
- Represented a Florida manufacturing facility in connection with a corrective action under the Resources Conservation Recovery Act (RCRA) to address the presence of dense non-aqueous phase liquid (DNAPL) associated with a chlorinated solvent spill. Obtained clean closure at one of the few DNAPL sites ever successfully remediated under RCRA.
- Represented a large pharmaceutical firm in defense of an RCRA enforcement action for hazardous waste management in which the Florida Department of Environmental Protection sought penalties in excess of $2 million. The case was settled for less than $30,000 in penalties.
- Represents clients identified as potentially responsible parties under Superfund and similar state programs. Serves on Superfund steering committees, negotiates allocation agreements with other responsible parties, and represents clients in the prosecution and defense of cost recovery claims under the Superfund and claims for damages under state laws.
- Represents municipalities in connection with the permitting and closure of solid waste landfills, including providing counsel for the beneficial reuse of former landfills.
- American Bar Association: Environment, Energy and Resources Law Section
- Florida State Bar Association: Environmental and Land Use Law Section
- Florida Natural Gas Association
- Florida Energy Pipeline Association: Counsel to Board
Community : Berry College Board of Visitors
- LL.M., The London School of Economics and Political Science, 1983
- J.D., Syracuse University College of Law, 1979, magna cum laude
- B.A., Berry College, 1976, cum laude
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Middle District of Florida
Rate : $$$$