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Timothy J. Hagerty
Partner
Louisville, KY
Partner
Louisville, KY
Tim has spent three decades advising clients in Kentucky and across the nation on a wide variety of environmental compliance, liability, and litigation issues arising under federal, state, and local laws. Tim’s experience includes providing advice and counsel on complex permitting and compliance matters arising under the Clean Water Act, helping clients navigate the requirements of the National Environmental Policy Act and related resource review laws, and interpreting and complying with RCRA’s Coal Combustion Residuals rule. Tim most enjoys helping clients find creative solutions that allow them to accomplish their business objectives while maintaining their commitment to environmental sustainability.
Tim has extensive experience assisting clients with permitting and compliance issues arising under the Clean Water Act. That experience includes obtaining, defending, and complying with NPDES wastewater discharge permits for facilities in the electric utility industry and in the iron and steel, chemicals, and metals manufacturing sectors, among others. Tim has broad experience interpreting and applying the federal Effluent Limitations Guidelines as well as the water-quality based permitting requirements of the Clean Water Act.
Tim has spent decades assisting clients in obtaining Clean Water Act Section 404 “wetlands” permits and related approvals under federal, state and local laws. This work has led Tim to spend considerable time evaluating and advising clients on the ever-changing definition of “waters of the United States,” a topic on which he has lectured frequently for many years.
Tim has extensive experience assisting public and private sector clients in complying with NEPA and related resource review requirements arising under the Clean Air Act, the Endangered Species Act, and the National Historic Preservation Act. Tim’s NEPA experience includes major highway and bridge projects, electric generation and transmission line projects, pipelines, private commercial and residential developments, public transit, and even riverboat casinos.
In recent years, Tim has spent countless hours assisting clients in the electric generation sector in interpreting and complying with the requirements of the federal Coal Combustion Residuals (CCR) rule and related state waste management laws. Tim has advised on issues ranging from groundwater monitoring and analysis requirements to the closure of CCR surface impoundments. He continues to actively advise multiple clients on the ever-evolving CCR regulatory regime.
As a litigator, Tim has represented clients in disputes concerning major electric transmission line and petroleum pipeline projects, large-scale residential and commercial developments, and major highway and transit projects throughout the country, as well as permit appeals for a variety of industrial facilities. He also has counseled the firm’s mining industry clients in various matters arising under federal environmental laws and has represented them in litigation arising under both the Surface Mining Control and Reclamation Act and the Clean Water Act.
Yale Law School, J.D., 1994
Senior Editor, Yale Law Journal
University of Louisville, B.A., 1991, summa cum laude
Woodcock Medalist (Top graduate in College of Arts & Sciences)
Kentucky, 1994
District of Columbia, 1996
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the Western District of Kentucky
U.S. Courts of Appeals for the Fourth and Sixth Circuits
Chambers USA, Environment, Natural Resources & Utilities: Environment, 2011-2024
The Best Lawyers in America®: Environmental Law, 2007-2025, “Lawyer of the Year,” 2015, 2022; Litigation – Environmental Law, 2011-2025, “Lawyer of the Year,” 2020, 2024; Mining Law, 2008-2025; Oil and Gas Law, 2010-2025
Kentucky Super Lawyers®, Environmental, 2013-2016, 2020
Louisville Business First, “Forty Under 40” Honoree, 2002
American College of Environmental Lawyers, Fellow, 2024
Energy and Mineral Law Foundation, President, 2019-2020; Vice President/President-Elect, 2018-2019; Treasurer, 2016-2018; Executive Committee, 2012-2022; Board of Trustees, present; Chair, Alternate Energy Task Force, 2022-present
US Law Firm Group, Environmental Committee, Chair, 2023-2025; Member, 2015-present
Kentucky Chamber of Commerce, Board of Directors 2007-2013; Environmental Policy Committee, 2007-present
Greater Louisville, Inc., Chair, Public Policy Council, 2017-2023; Chair, Environmental Affairs Committee, 2005-2017
Louisville Bar Association, Environmental Law Section, Member
Kentucky Bar Association, Environment, Energy and Natural Resources Section, Member
District of Columbia Bar Association, Member
Leadership Kentucky, Class of 2004
Leadership Louisville, Class of 2008; Bingham Fellows, Classes of 2011 (infrastructure), 2019 (K-12 education), and 2023 (talent/workforce)
The Bridges Coalition, Secretary and General Counsel, 2007-2010
Nativity Academy of Louisville, Board of Directors, Chair, 2017-2020; Member, 2005-2010, 2015-2021, 2022-present; Finance Committee; Advancement Committee
Central Louisville Community Ministries, Board of Directors, President, 2009-2013; Member, 2006-2016
Louisville Metro Air Quality Task Force, Vice Chair, 2003-2005
Louisville Metro Fine Particle Air Quality Task Force, 2007
Louisville Metro STAR (Air Toxics) Regulation 5.30 Stakeholder Group, 2006-2007
21st Century Society of the Louisville Orchestra, Founding President, 2002-2004
Committee to Elect Angela McCormick Bisig, Campaign Treasurer, 2002, 2006, 2012, 2022
Dolly Wisman Berry for Judge, Campaign Treasurer, 2004, 2006
ABA Endangered Species Committee, Vice Chair, 1998-2000
June 12, 2024 | Press Releases
Frost Brown Todd is pleased to announce that Louisville-based partner Timothy Hagerty has been elect...
April 27, 2020 | Publications
On April 23, 2020, the U.S. Supreme Court issued its much-anticipated ruling in County of Maui v. Ha...
April 1, 2020 | Coronavirus Response Team
Three bulletins went into effect that address solid waste management, drinking and wastewater treatm...