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Carol is a partner in the real estate department and focuses her practice on environmental law. Much of Carol's practice deals with environmental issues and risk in real estate and corporate transactions. She also spends significant time assisting clients with environmental compliance questions, handling the appeals of civil penalties, and responding to notices of violation. Carol prides herself on not only knowing the law, but also knowing how upcoming changes in the law will affect her clients.
Representative Matters
Represented a client in assessment and remediation of real property that was significantly contaminated with solvents and petroleum so that property could be redeveloped as a transportation-oriented, mixed use development. Representation included a cost recovery action against the potentially responsible party where a settlement of over $1M was achieved resulting in payment of the vast majority of remediation costs. Representation also included addressing vapor intrusion issues and coordination of a pilot study using a new alternative remediation technology for remediation of solvents, BOS-100. This pilot study represented the first use of BOS-100 in the Carolinas. The representation involved negotiation of remediation jurisdictional issues with various state programs and obtaining a local Brownfields grant to help defray assessment expenses.
Represented a client in purchase and redevelopment of an old industrial plant out of bankruptcy, including negotiation of Brownfields Agreement with NCDENR to quantify and contain environmental risks. As part of the representation, we successfully argued to the bankruptcy trustee and bankruptcy court to allow deduction of all cleanup costs from the purchase price of the property, including all legal fees associated with environmental matters. The representation also included assisting the client in obtaining a local Brownfields grant.
Publications, Presentations and Awards
Legal Elite, Business North Carolina Magazine, Environmental Law, 2008
Best Lawyers in America, Environmental Law, 2003-2008
"Legal Ease for Brownfields," presentation at The National Association of Local Government Environmental Professionals, September 2007
"Weighing the Pros and Cons of Brownfields Redevelopment" presentation at Kennedy Covington Real Estate Department CLE, April 2007
"Creating a Winning Redevelopment Team," presentation at Land of Sky Regional Council Paths to Redevelopment Brownfields Conference, April 2007
"Environmental Law for the Business Lawyer," presentation at North Carolina Basics of Business Law Seminar, May 2006
"Environmental Laws (Directly or Indirectly) Affecting Land Use," presentation at North Carolina Bar Asssociation Zoning & Land Use Planning Annual Section Meeting, March 2006
"The All Appropriate Inquiry Rule: EPA's New Standard for Phase I Reports," Kennedy Covingtion Real Estate Department CLE, March 2006
Chambers USA: America's Leading Business Lawyers, 2004-2007, Environmental Law
"All Environmental Law is Local," Course Planner, and "Cooper Industries v. Aviall Services," Speaker, Joint Annual Meeting of the Environmental Law & Government & Public Sector Sections of the North Carolina Bar Association, May 2005
"Cutting Edge Environmental Issues," presentation for Real Estate CLE, October 2005
"Brownfields Opportunities for Municipalities and Public/Private Partnerships," presentation to representatives of the City of Lenoir and the Western Piedmont Council of Governments
"Basics of Environmental Law for NC Civil Engineers," presentation for Half Moon Seminars, February 2005.
Professional, Civic and Community Involvement
Professional: American Bar Association, Region IV Advisory Council, State and Regional Environmental Cooperation Committee
Environmental Banker's Association
North Carolina Bar Association, Chair, Environmental Section 2003-2004; Minority Environmental Law Fellowship, Co-Chair, 2002-2003; Environmental Section Council, 1997-2000. | 