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Biography

Greg has broad experience in environmental and administrative law, and focuses his practice on environmental compliance and litigation, utility regulation, and energy law. He has represented clients in federal and state litigation involving the Clean Water Act (CWA), Clean Air Act (CAA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Greg is particularly experienced in matters concerning wastewater discharge permitting, Louisville Metro Air Pollution Control District permitting and enforcement defense, and landfill permitting and enforcement defense.  Additionally, Greg frequently collaborates with the firm’s real estate and corporate attorneys on environmental due diligence in real estate and asset purchase/sale deals.

Greg has practiced extensively before the Kentucky Public Service Commission (PSC), including appearances on behalf of a local water utility, a local gas utility, a local sewer utility, a nationwide energy company, the Commonwealth of Kentucky, the City of Louisville, and two state-wide business associations. Greg’s PSC experience includes rate cases, applications for Declaratory Orders, environmental surcharge applications, abandonment proceedings, and tariff amendments. Greg also advises clients in the solar industry on preparing and filing applications before the Kentucky Siting Board.

Greg also advises and represents the manufactured housing industry on a wide range of issues. This includes frequent interactions with the Kentucky Public Protection Cabinet’s Division of Housing, Buildings, and Codes; the Kentucky Department for Environmental Protection; and various Planning and Zoning Commissions across the Commonwealth.  He has also assisted community developers and owners with a variety of issues, including lease contract language, construction disputes, and regulatory compliance.

Landfills

Greg represents landfills throughout the Commonwealth.  His experience includes:

  • Negotiation of host agreements with local 109 boards
  • Securing letter of concurrence from local officials to expand landfills
  • Permitting landfill expansions with KDEP
  • KDEP enforcement defense for odor and other issues
KDEP Permitting Negotiation, Appeals, Enforcement Defense

Greg has represented clients in disputes with KDEP over a variety of issues, including:

  • Appeal of KDEP decision to require industrial facility to secure general stormwater permit coverage where the facility held an individual permit for many years.
  • Appeal of final stormwater permits containing arbitrary discharge limits and monitoring requirements.
  • Defense of enforcement action concerning lapse of permit effectiveness.
  • Negotiation of settlement and agreed order on wide variety of issues.
  • Negotiation of agreed order to allow flexible operations white facility comes into compliance with permit limits.
  • Termination of long-term Corrective Action Plans or Agreed Orders.
Louisville Metro Air Pollution Control District (APCD)

Greg has extensive experience dealing with APCD regulations, permitting, and enforcement defense. He is a regular attendee at the monthly APCD Board of Directors Meetings in order to stay abreast of any developments within the APCD. Examples of his experience with APCD include:

  • Revisions to Title V permits and Construction Permits.
  • Enforcement defense for issues related to odors, PSM, excess emissions, monitoring and recordkeeping violations, and a wide variety of other issues.
  • Administrative appeals against APCD concerning permitting and enforcement issues.
  • Negotiation of Agreed Board Orders on penalties and other issues.
Environmental Due Diligence and Kentucky Brownfields Program

Greg has assisted developers, buyers, sellers, public and private companies, and private equity groups on transactions involving properties, companies, or portfolios where environmental concerns are present. Representative experience includes:

  • Assist both sellers and buyers in transactions involving property historically utilized by heavy industry.
  • Negotiating contract provisions concerning environmental liability and indemnity.
  • Coordinating the transfer of environmental permits in both private and public company transactions.
  • Assist developers in investigating brownfield properties and securing all available environmental liability protections, including those available through the Kentucky Brownfields program.
  • Collaboration with other FBT attorneys to assist developers and investors in purchasing or refinancing  and developing/renovating blighted properties in opportunity zones.

Other Info About Greg

Work History

Prior Work Experience

Prior to joining Frost Brown Todd, Greg started the environmental and energy practice at a mid-size Louisville law firm. Before that, he held an appointed position within the Kentucky Attorney General’s Office where he represented Kentucky in numerous federal lawsuits concerning environmental issues, and before the Kentucky Public Service Commission on a variety of utility matters. He has also worked for the U.S. Environmental Protection Agency in Washington D.C., where he focused on water permitting and policy issues.

Experience

Legal Work Highlights

Purchase of commercial plaza that formerly housed a dry cleaner. Successfully entered property into Brownfield program prior to closing, while also avoiding any requirement to conduct additional remediation of the site.

Successful appeal of Clean Water Act enforcement decision to U.S. Court of Appeals for the Second Circuit.

Successful representation of superfund site owner in avoiding enforcement action while negotiating preferred remediation plan.

Representation of Kentucky League of Cities in numerous cases before the Kentucky Public Service Commission, resulting in millions of dollars in savings for Kentucky Municipalities and new city-centric cooperative programs with local energy utilities.

Representation of City of Louisville before KY Public Service Commission in a challenge to the long-standing interpretation of Kentucky Constitution provisions dealing with municipal franchise fees.

Education

Bar Membership

Greg is licensed to practice in the following states:

Kentucky

New York

District of Columbia

Recognition

Local & National Recognition

Louisville Business First 2018 Forty Under 40 Honoree

Professional Affiliations

Professional Affiliations & Memberships

Louisville Bar Association, Environmental Law Section: Member

Kentucky Bar Association, Section on Energy, Environment, and Natural Resources: Chair-Elect, 2017-2018

Kentucky Bar Association, Section on Energy, Environment, and Natural Resources: Vice-Chair, 2016-2017

American Bar Association, Section of Environment, Energy and Resources: Member

Civic Activities

Civic & Charitable Organizations

Fund for the Arts NeXt Program, Class of 2017

KMAC Museum, Board of Directors

Louisville Bar Foundation, Board of Directors