Overview
Brent advises clients on environmental compliance issues, defends companies in environmental litigation, and represents clients on related administrative and regulatory matters. For over two decades, Brent has practiced in the area of environmental law, representing major utilities, energy companies and other businesses in environmental matters, including cases alleging violations of federal and state water, waste, chemical and air laws, as well as state common laws such as nuisance and trespassing. In light of the number and variety of environmental laws he has faced throughout his career, Brent has established a understanding of the challenges companies encounter when facing environmental administrative and litigation matters.
Brent has represented defendants in significant environmental cases, including cases that have been heard in the Circuit Courts of Appeals and the Supreme Court of the United States. He possess a valuable blend of experience as a litigator and a regulatory advisor on both energy and environmental law and he has been instrumental to the establishment and development of the firm’s coal ash and waste management practices. Within the past the last several years alone, he has handled over 35 separate administrative and litigation matters involving coal ash for clients throughout the country. These matters have included general compliance advice, as well as defending citizen suits brought under federal environmental laws including 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 is licensed to practice in all federal and state courts in North Carolina, as well as the US Supreme Court. He has performed pro bono work with the Children’s Law Center and Legal Services of North Carolina, both based in Charlotte. For the past six years, Brent has been recognized as a Leader in Environment Law, North Carolina, by Chambers USA.
Experience
- Regularly advises electric generators and distributors on storage and disposal of coal combustion residuals 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 CAA, the 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 successful Sixth Circuit appeal in suit alleging CWA violations, which was identified by Law360 as one of the most significant environmental decisions of 2018.
- Represented utility in successful Eighth Circuit appeal in suit alleging CAA violations, which was identified 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 Fortune 150 utility in citizen suit alleging noncompliance with Section 112(g) of the CAA and in administrative proceeding and related litigation involving an air quality permit issued by state agency.
- Represented developer in litigation arising out of planned major residential development involving over 3,500 acres and 1,400 home sites.
- Represented charitable organization in property dispute involving nearly 300 acres of North Carolina coastal property.
Accolades
Honors & Recognitions
- Recognized as a Leader in Environment, North Carolina, Chambers USA, 2020-2024
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Selected as a member of the Lawdragon Green 500: Leaders in Environmental Law (2023, 2024)
- Recognized as Environmental Group of the Year, Law360, 2015-2018, 2021-2022
- Recognized in Chambers and Partners 2018-2019 USA Guide as an “Up-and-Comer” in Environmental Law, North Carolina
- 2021 and 2017 Chambers USA Environment Law Firm of the Year
- Recognized as a Future Litigation Star in North Carolina, Benchmark Litigation, 2009
- Named among the Top 40 Litigation Lawyers Under 40 in North Carolina, The American Society of Legal Advocates, 2013
- Featured in “The Footsteps of His Father,” Rising Stars profile, Super Lawyers Magazine, February 2012
- Selected as a Rising Star for Environmental Litigation Law, North Carolina Super Lawyers Magazine, 2012-2017
- Named to the Pro Bono Honor Roll by Legal Services of Southern Piedmont and Legal Aid of North Carolina, Charlotte, 2012, 2014
- Recipient, E. Randolph Williams Award for Exceptional Pro Bono Service, Hunton & Williams, 2008-2010
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
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Events & Speaking Engagements
Publications
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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
