Mr. Pollard leads the firm's Environmental department and is active in local and state bar environmental law sections.
Representative Environmental Matters•
Assisted and represented growing regional airport in a variety of environmental matters, including a major petroleum storage tank closure and remediation and tank fund reimbursement; stormwater discharge permitting, compliance, and enforcement defense; drafting and negotiation of wetland mitigation banking agreement; and groundwater remediation from past military uses of site.
• Assisted and represented growing solid waste business in the acquisition and operation of a construction debris landfill, including environmental due diligence; amendments to local land use permits and transfers of all related permits; negotiation of environmental insurance coverage; application for permit modifications to expand landfill area; and providing ongoing assistance regarding compliance and permitting matters.
• Assisted and represented publicly traded real estate investment trust in environmental issues associated with several large-scale acquisitions of convenience store/gas station chain locations, including drafting and negotiating purchase agreement terms; performing large-scale multi-site due diligence review; negotiating environmental insurance coverage; and drafting and negotiating leases.
• Assisted and represented European-based company in acquisition of older and dormant rubber product manufacturing facility, including negotiation of environmental terms of purchase agreement; coordinating environmental and occupational safety due diligence and agency issuance of “Bona Fide Prospective Purchaser” letter; and transfers of environmental permits.
• Assisted and represented major city as local sponsor of navigation channel dredging project in historically contaminated river bottom, including negotiation with U.S. Army Corps of Engineers concerning scope of project and environmental protective measures for dredging operations; negotiation of acquisition of and land use and environmental permitting for a very large dredged materials placement site; ongoing environmental compliance and permitting assistance and representation with federal and state agencies; and lobbying before members of General Assembly and Congress and their staff for support and appropriate funding of project.
• Assisted and represented energy company in acquisition of fuel and chemical bulk storage and marine/rail/truck terminal facility, including coordinating and reviewing due diligence efforts; drafting and negotiating complex purchase agreement; transfers of environmental permits; and ongoing environmental compliance and permitting issues.
• Assisted independent power producers in various environmental issues, including development of application for and negotiation of Title V air pollution permit and amendment of river water withdrawal permit to account for drought conditions.
• Assisted and represented business in major asbestos abatement project at third party disposal site.
• Assisted and represented landowners regarding impacts of petroleum releases to their property and use thereof.
• Assisted homebuilder regarding environmental and lot development issues affecting viability of underlying development project.
• Assisted developer and homebuilder regarding potential residual effects of historical agricultural pesticide applications to development property.
• Assisted and represented construction companies regarding contractual and regulatory liability for hazardous wastes discovered onsite and a stormwater retention facility failure.
• Assisted lenders with various environmental liability issues posed by financing and crafting loan documents to address same and with liability issues associated with petroleum products abandoned on defaulting borrower’s properties.
• Assisted a city in defense of federal investigation of indoor environmental and design matters related to city jail operations.
Representative Water Supply Matters
• Assisted and/or represented major municipal public water supplier in water supply and contract issues; sale of reservoir property; water supply planning regulatory issues; permitting for groundwater supplies; and compliance concerning water treatment plant discharges.
Representative Municipal Wastewater Matters
• Assisted and represented large city in defense of agency enforcement actions related to sewer overflows, including the negotiation of two multi-party consent orders with agency and regional wastewater service district; the coordination of engineering consultants as to system investigation and reporting of results pursuant to consent order; the defense of city for EPA inspection of city’s sanitary sewer system; and ongoing counsel concerning compliance with current consent order.
• Assisted and represented small business in compliance and enforcement defense related to industrial discharge to municipal wastewater sewer system.