Photo:

Henry R. Pollard V (photo)

First Name:Henry Middle Initial:R. Last Name:Pollard V

Role:Partner

909 East Main Street
Suite 1200
Richmond, VA 23219-3095

I Accept I Decline

Bio:

Henry R. (Speaker) Pollard V brings a combined science and business education background to his practice concentrating in environmental, water supply, wastewater and sustainability law. He assists governmental, business, development, trade group and individual clients with issues such as water quality, wastewater, sewage, stormwater management, wetlands, water rights, solid and hazardous waste, Superfund, petroleum and chemical storage, air pollution, cultural resources, and species protection at federal, state and local levels. Mr. Pollard’s practice includes compliance and permitting assistance, enforcement defense, water supply planning and contracts, property and business transactions, land use proceedings, and legislative and regulatory affairs.

More Information:

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.

Education

University of Richmond School of Business, M.B.A., 1993

University of Richmond School of Law, J.D., 1992
Member, University of Richmond Law Review
Phi Delta Phi

Hampden-Sydney College, B.S., Chemistry, 1988
Cum Laude
Phi Beta Kappa
Omicron Delta Kappa

Prior Experience

Mr. Pollard began his career as an enforcement specialist at the Virginia Department of Waste Management and the Department of Environmental Quality. While there, he prepared and conducted numerous administrative enforcement actions addressing hazardous and solid waste issues, assisted the Office of the Attorney General with civil litigation and law enforcement investigators and prosecutors with environmental prosecutions, and prepared enforcement policy analyses.

Recognitions

Martindale-Hubbell
 AV® PreeminentTM Peer Review Rated

Legal Elite (Virginia Business)
Environmental Law, 2001, 2003-2004

Publications/Presentations

Mr. Pollard regularly lectures at conferences on environmental law subjects, including such topics as negotiating complex real estate transactions, land use rights, stormwater permitting, groundwater management, sanitary sewer overflow liability, and dealing with environmental agencies.

Author, “Annual Survey of Environmental Law," 30 U. Rich. Law Rev. 1393, (December 1996)

Professional Affiliations

Virginia State Bar
Environmental and Business Law Sections

Virginia Bar Association
Environment, Natural Resources and Energy Law Section, Council, 2011-present
Business Law Section

The Bar Association of the City of Richmond
Environmental Law Section, Past Chair
Real Estate Law Section

Greater Richmond Area Commercial Real Estate
Member

Virginia Water and Waste Authorities Association
Member

Virginia Chamber of Commerce
Environment Committee

Community Involvement

Orchard House School (Richmond, Virginia)
Advisory Council, 2012-2013
President, 2010-2012
Treasurer, 2009-2010
Board of Trustees, 2008-2012

Virginia Mathematics and Science Coalition
Director and Board Secretary
Member, Executive Committee

Third Presbyterian Church (Richmond, Virginia)
Member
Assistant Sunday School Teacher

YMCA and Richmond Striker Youth Soccer Leagues
Coach, various seasons