Overview

Brent advises clients on environmental compliance, defends companies in environmental litigation, and manages related administrative and regulatory matters. For over two decades, Brent has represented major utilities, energy companies, and other businesses in environmental matters, including suits alleging violations of federal and state water, waste, chemical, and air laws, as well as state common laws, such as nuisance and trespassing. He has appeared in numerous significant environmental cases, including in courts of appeals and the US Supreme Court. In light of the number and variety of environmental issues he has encountered throughout his career, Brent has established an in depth understanding of the challenges companies face in environmental administrative and litigation matters.

A respected member of Hunton’s team designated Environmental Group of the Year by Law360 13 times since 2011, and recognized in his own right since 2020 as a Leader in Environment Law by Chambers USA, Brent possess a valuable blend of experience as a litigator and regulatory advisor on both environmental and energy law. He has been instrumental to the establishment and development of the firm’s coal ash and waste management practices. He has handled over 35 administrative and litigation matters involving coal ash for clients throughout the country, which include providing general compliance advice, as well as defending citizen suits brought under the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), enforcement actions brought by government agencies, and private actions asserting nuisance and other common law claims. Brent acted as counsel for a major utility in one of the first cases alleging violations of RCRA related to the storage and management of coal ash.

Brent has also performed pro bono work with the Children’s Law Center and Legal Services of North Carolina, both based in Charlotte.

Experience

  • Regularly advises electric generators and distributors on storage and disposal of coal combustion residuals (CCR) and provides advice and counsel regarding application of the CCR rule.
  • Regularly represents major electric utilities throughout the country in all aspects of defense of actions brought under the Clean Air Act (CAA), CWA, and RCRA.
  • Regularly represents major utilities in environmental litigation in defense of actions involving nuisance and other common law claims.
  • Regularly advises electric generators and other clients on compliance with and enforcement of the CAA, including the new source review and regional haze programs.
  • Represented a utility in a successful Sixth Circuit appeal in a suit alleging CWA violations, recognized by Law360 as one of the most significant environmental decisions of 2018.
  • Represented a utility in a successful Eighth Circuit appeal in a suit alleging CAA violations, recognized by Law360 as one of the most significant environmental decisions of 2010.
  • Regularly represents most of the industrial base in the country in challenges to EPA regulations.
  • Represented a Fortune 150 utility in a citizen suit alleging noncompliance with Section 112(g) of the CAA and in an administrative proceeding and related litigation involving an air quality permit issued by a state agency.
  • Represented a developer in litigation arising out of a planned major residential development involving over 3,500 acres and 1,400 home sites.
  • Represented a charitable organization in a property dispute involving nearly 300 acres of North Carolina coastal property.
  • Advised a public power client on New Source Performance Standard (NSPS) applicability at its fossil plant.
  • Successfully represented a federally owned energy company in a challenge to a petition appealing the client’s air permit, which was upheld in an order from the State Air Board with TDEQ.

Accolades

Honors & Recognitions

  • Selected as a Lawdragon Green 500: Leader in Environmental Law (2023-2026), Lawdragon
  • Recognized as a Leader in Environment (2020-2025) and an Up-and-Comer in Environmental Law (2018-2019), North Carolina, Chambers USA
  • Named a Best Lawyer in Environmental Law (2024-2025) and Litigation – Environmental (2025), The Best Lawyers in America
  • Selected as a Rising Star for Environmental Litigation Law, North Carolina (2012-2017) and featured in Rising Stars profile, “The Footsteps of His Father” (2012), Super Lawyers Magazine
  • Named to the Pro Bono Honor Roll (2012, 2014), Charlotte, Legal Services of Southern Piedmont and Legal Aid of North Carolina
  • Named among the Top 40 Litigation Lawyers Under 40 in North Carolina (2013), The American Society of Legal Advocates
  • Received E. Randolph Williams Award for Exceptional Pro Bono Service (2008-2010), Hunton & Williams
  • Recognized as a Future Litigation Star in North Carolina (2009), Benchmark Litigation

Affiliations

Professional

  • Member, Board of Directors, Carolinas Freedom Foundation (Honoring Veterans and Active Military), 2018–present
  • Member, Board of Directors, Charlotte Hornets’ Nest Girl Scouts Council, March 2010–December 2013; Chair, Board Development Committee; Chair, Property Committee; Member, CEO Search Committee
  • Member, Mecklenburg County Bar
  • Member, North Carolina Bar Association
  • Member, American Bar Association

Insights

Events & Speaking Engagements

  • September 24, 2024
    Event
    Speaker
    Compliance and Enforcement Update, Midwest Environmental Compliance Conference
  • September 26‐27, 2023
    Event
    Speaker
    Will New GHG Rule Lead a Transition to Cleaner Energy?, Midwest Environmental Compliance Conference
  • December 13, 2021
    Event
    Presenter
    Regulatory Challenges Facing Renewable Infrastructure Development, Energy Infrastructure Council Conference
  • November 8, 2021
    Event
    Presenter
    Groundwater and the Clean Water Act: Potential Implications of the Supreme Court’s County of Maui Decision – Chicago Bar Association
  • July 13, 2021
    Event
    Presenter
    County of Maui Updates, National Rural Electric Cooperative Association
  • June 22, 2021
    Event
    Presenter
    The Evolution of CCR Rule Requirements and the Future, 2021 EUCI Coal Ash Symposium
  • March 9, 2021
    Event
    Presenter
    Energy Utility Environment Policy, Regulations, Strategies & Management, Energy, Utility, and Environment Conference
  • December 2020
    Event
    Presenter
    Biden/Harris Administration – Energy and Environmental Policy Implications

Blog Posts

News

Education

JD, Case Western Reserve University School of Law, cum laude, 2002

BA, History, Furman University, Four-year Varsity Soccer Letterman, 1999

Admissions

North Carolina

Courts

Supreme Court of the United States

US District Court, Eastern District of North Carolina

US District Court, Middle District of North Carolina

US District Court, Western District of North Carolina

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