Adam Troutwine represents corporations, organizations, and individuals confronting environmental issues in transactional, permitting, compliance, and litigation settings.
Adam’s clients value his common sense and practical approach to identifying environmental issues and assessing environmental risk in the transactional setting. Whether in a corporate or real estate transaction, Adam assists clients by evaluating risks and developing strategies to move the deal forward through comprehensive due diligence, drafting language in purchase agreements or negotiating remedies to environmental issues.
Adam also regularly represents current owners of contaminated sites to develop and execute remediation strategies while negotiating with government authorities and potentially responsible parties. His experience includes removal and response actions before state agencies and the EPA in jurisdictions across the country.
Adam works extensively on behalf of mine and quarry operators to navigate permitting processes in order to open new mine sites, has represented clients in contested hearings before state agencies, has prosecuted appeals of agency decisions to the circuit and appellate court, and has appeared before county zoning boards to secure necessary authorizations to conduct mining or quarrying activity. Likewise, Adam advises mining clients in all aspects of their operations, including compliance, remediation, mine expansion and in transactional matters.
Further, Adam has extensive experience in the energy industry. He routinely serves as lead environmental and permitting counsel for the development and financing of utility-scale renewable energy projects throughout the United States. Adam also acts as lead environmental counsel in the development and acquisition of oil and gas exploration and production facilities.
Adam draws from his litigation experience before federal courts, state courts, and government agency tribunals to defend clients against enforcement actions and to secure contested permits. He has obtained successful outcomes for clients in agency hearings, alternative dispute resolution proceedings, and in litigation before state and federal tribunals.
Adam also appreciates the value of avoiding litigation where possible, and works to forge strong working relationships between his industry clients and regulators. He facilitates client participation in stakeholder groups that work directly with agencies to form policy and draft regulations impacting owners of businesses in regulated industries.
- Coordinated cleanup of coal slurry release and defended related enforcement action on behalf of a coal mining and manufacturing client. Directed a team of attorneys across several offices to manage consultants, negotiate with regulators, develop and execute strategies for cleanup and coordinate with the client’s insurer to ensure coverage and reimbursement of costs under a PLL policy.
- Routinely serve as lead environmental and permitting counsel for development of renewable energy projects across the nation. Conducted permitting, compliance and environmental due diligence review of renewable energy projects, including wind, solar and biofuel. Clients include national investors and developers of renewable energy projects.
- Represented a solid waste collection company and a landfill operator in contractual dispute with adjacent quarry operator concerning indemnity issues for preexisting environmental conditions and operational issues within the landfill.
- Coordinated the remediation of three former manufactured gas plant sites under federal Superfund program and state Voluntary Cleanup Program. Oversaw all legal aspects of the remediation and post-remediation monitoring, including: commenting on proposals to list the sites on the National Priorities (Superfund) List; negotiating consent decrees with state and federal regulatory agencies; working closely with clients and consultants to develop remediation strategies; coordinating with public and private landowners and resolving disputes concerning access and remediation scope-of-work issues; and negotiating indemnity and cost allocation agreements with potentially responsible parties.
- Served as lead environmental counsel in acquisition of large historic oil field near Casper, Wyoming. Conducted full on-site due diligence, coordinated with consultants, developed strategies for remediation of historic waste disposal facilities, oversaw transfer of applicable environmental permits and was heavily involved in drafting the purchase documents.
- Oversaw environmental due diligence in portfolio transaction involving client’s purchase of 35 properties across the country and development of strategy to resolve environmental issues identified in due diligence.
- Represented coal mining client in acquisition of three new mines and associated operating entities by performing due diligence and preparing the environmental provisions of the purchase documents.
- In a case of unprecedented size and scope in Missouri, assisted in the representation of a limestone mining company in a strongly contested permitting matter involving a proposed mine site near a sewer treatment plant. The contested permit was appealed to the Circuit Court and Court of Appeals and remanded for a new trial at the Administrative Hearing Commission, where it was granted.
- Successfully permitted a new shale mine in Northwest Missouri over strong opposition from neighboring property owners before the Missouri Department of Natural Resources. Also obtained contested permits and zoning variances before three county planning and zoning boards.
- Represented a solid waste collection company and a landfill operator in stakeholder meetings with the Missouri Department of Natural Resources to develop administrative rules and regulatory policy.
- Assisted in negotiations with the Environmental Protection Agency, U.S. Army, and state environmental agency to acquire, remediate, and develop a former Army ammunition plant. Issues encountered included RCRA permitting, NPDES permitting, Corrective Action Financial Assurance, and a host of other environmental issues.
- Represented the former owner of several gas station sites in the Midwest to complete cleanup caused from leaking underground storage tanks. Also assisted the owner in securing reimbursement for cleanup activity from state insurance funds. Throughout cleanup process, worked with state regulators to address issues that arose and, when needed, identified alternative approaches to meet risk-based cleanup levels that were more efficient and economical.