Brooks M. Smith

Partner

Richmond
Business Phone: 804.697.1414
Business Fax: 804.697.1339

brooks.smith@troutman.com

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Brooks Smith is an environmental and natural resources partner at Troutman Sanders where he helps to lead the firm’s strategic initiatives on energy, water, compliance assurance and enforcement defense. Prior to joining Troutman Sanders in August 2013, Brooks co-chaired the global environmental practice at Hunton & Williams.

Brooks has done an extensive amount of permitting, compliance and enforcement defense work across all industry sectors, including water and wastewater, light and heavy manufacturing, electric power production, pipelines, mining, rail transportation, data centers, food and kindred products, and various environmental markets.

Brooks is nationally recognized for his work, and in addition to a number of other distinctions, awards and honors, he was recognized as one of the country’s 50 Energy & Environmental Trailblazers by the National Law Journal in 2015. Brooks has written and spoken extensively on developments arising under the Clean Water Act and other environmental laws. In addition, he has chaired several national conferences and given more than 200 presentations to audiences across the United States and Canada.

Representative Matters

  • Lead counsel in defense of Clean Water Act citizen suits in multiple federal court proceedings; defense of EPA and state enforcement proceedings involving various environmental laws; prosecution and defense of permit appeals arising under Sections 401 and 402 of the Clean Water Act; challenges to federal and state environmental rulemakings, including consolidated challenges to EPA’s Clean Water Rule; and defense of EPA Title VI environmental civil rights complaints.
  • Lead counsel to the Corporate Environmental Enforcement Council (www.ceecinc.org).
  • Lead environmental counsel for 600-mile interstate natural gas pipeline project.
  • Lead counsel to the Virginia Manufacturers Association and the Virginia Coal & Energy Alliance.
  • Brooks has advised corporate clients on environmental management systems, internal audit programs and corporate social responsibility.
  • Brooks has also assisted in the voluntary detection, prevention and correction of thousands of environmental issues arising under all major air, water and waste programs.

Presentations and Speaking Engagements

  • Speaker, American Bar Association 128th Summer Meeting, "Current Topics in Environmental And Energy Law: Coal Ash Litigation, Regulation & Legislation," July 21, 2018, Hot Springs, VA.

  • Speaker, American Bar Association Section of Environment, Energy and Resources 26th Fall Conference, "Staying Afloat in the Deluge of Clean Water Act Developments," October 19, 2018, San Diego, CA.

  • Panelist, Virginia Bar Association, 128th Summer Meeting, “Current Topics in Environmental and Energy Law: Electric Energy Litigation, Legislation, & Regulation,” July 21, 2018, Hot Springs, VA.

  • Moderator, 2018 Virginia Energy Conference, "The Role of Sustainable Infrastructure in Corporate Strategy," Virginia Chamber of Commerce, May 23, 2018, Richmond, VA.

  • Panelist, Virginia Coal & Energy Alliance, Southern States Energy Board, Virginia Center for Coal and Energy Research Annual Conference & Expo, "The New Vision for Coal," May 21-22, 2018, Kingsport, TN.

  • Speaker, “Environmental Developments at the Federal and State Level,” Virginia Coal & Energy Alliance Annual Professional Engineers in Mining Seminar, March 29, 2018, Lebanon, VA.

  • Speaker, American Coal Ash Association (ACAA), 2018 Workshop on Current Issues in Ponded CCPs, March 20, 2018, Richmond, VA.

  • Speaker, Virginia Coal and Energy Alliance Fall Meeting, November 13, 2017, Big Stone Gap, VA.

  • Guest Speaker, Client Executive Management Team meeting on EHS Compliance and Enforcement, October 24, 2017, Paramus, NJ.
  • Moderator, 2017 Energy & Sustainability Conference, “Partnerships to Meet Energy Goals,” Virginia Chamber of Commerce, May 24, 2017, Richmond, VA.
  • Panelist, Virginia Coal & Energy Alliance, Southern States Energy Board Annual Conference & Expo, “Clean Coal Policies and Opportunities,” May 22, 2017, Kingsport, TN.
  • Speaker, Virginia Coal & Energy Alliance Professional Engineers in Mining Seminar, March 30, 2017, Lebanon, VA.
  • Speaker, Luncheon of Lexington Coal Exchange, “King Coal,” February 3, 2017, Lexington, KY.
  • Speaker, “Pressing Legal Questions for Multiple Credits and Funding Streams Under the Iowa Nutrient Reduction Strategy,” ACES 2016 Conference, December 7, 2016, Jacksonville, FL.
  • Panelist, 2016 Ward Kershaw Symposium "Halftime for the Chesapeake Bay TMDL," the Center for Progressive Reform and the Environmental Law Program at the University of Maryland Carey School of Law, November 9, 2016.
  • Speaker, National Clean Water Law Seminar, November 2, 2016, Kansas City, MO.
  • Keynote Panelist, Virginia Coal & Energy Alliance, Southern States Energy Board Annual Conference & Expo, “Coal: Weathering the Perfect Storm,” May 23, 2016, Kingsport, TN.
  • Moderator, 2016 Energy Sustainability and Resiliency Conference, "Threats to Resiliency in Virginia - How and What is Virginia Doing?," Virginia Chamber of Commerce, May 10, 2016, Richmond, VA.
  • Speaker, Client EHS Auditor Training Meeting, April 5-6, 2016, Paramus, NJ.
  • Speaker, “In the Cross Hairs – Toxic Tort in Latin America,” NewFields Legal Challenges to Business in Latin America Series, Online, June 23, 2015.
  • Speaker, “Next Generation Compliance (NextGen)," Edison Electric Institute Water Executive Advisory Committee Meeting, June 9, 2015, New Orleans, LA.
  • Speaker, “Trends in Citizen Enforcement Against Electric Utilities," Edison Electric Institute Water Resources Subcommittee Meeting, June 8, 2015, New Orleans, LA.
  • Speaker, “Environmental Permitting for Natural Gas Pipelines,” Energy and Mineral Law Foundation Understanding Appalachian Basin Midstream Assets Special Institute, April 20, 2015, Canonsburg, PA.
  • Speaker, “Business Trends Driving Sustainability," Virginia Chamber of Commerce Energy & Sustainability Conference, April 14, 2015, Richmond, VA.
  • Panelist, “The Chesapeake Bay TMDL Litigation,” What’s In Your Water? A Discussion of Threats to Virginia’s Water Quality, Presented by William & Mary School of Law’s Environmental Law and Policy Review Virginia Coastal Policy Clinic, March 28, 2015, Williamsburg, VA.
  • Speaker, “2015 Environmental Regulatory and Litigation Update,” Virginia Coal & Energy Alliance Professional Engineers in Mining Seminar, March 3, 2015, Abingdon, VA.
  • Speaker, “Upcoming Water and Wastewater Regulatory Challenges; Key Considerations,” Virginia Water Environment Association Annual Industrial Waste and Pretreatment Seminar, March 2-3, 2015, Charlottesville, VA.
  • Speaker, “Moving Toward Risk-based EHS Compliance Auditing," The Auditing Roundtable Winter National Meeting, February 23-24, 2015, Phoenix, AZ.
  • Panelist, “A Model for Success? The Water Quality Credits Market," Conservation Finance Workshop, Credit Suisse, January 23, 2015, New York, NY.
  • Panelist, “Achieving Water Quality in the Chesapeake Bay: Lessons for the Nation," Association of American Law Schools Annual Meeting, January 5, 2015, Annapolis, MD.
  • Speaker, “Enhanced Data Analytics and Technology: What Does It Mean for Business?," Global Environmental Management Initiative Senior Advisory Council Meeting, “The Business of Sustainability – Strategic Solutions Now!," November 18-19, 2014, Arlington, VA.
  • Speaker, “The Next Frontier: Water Quality Trading and Mitigation Banking,” The American Law Institute Continuing Legal Education Clean Water Act Law and Regulation Conference, November 17-18, 2014, Washington, DC.
  • Presenter, “ Water Trading: New and Emerging Opportunities to Improve Water Quality at Reduced Costs,” Bloomberg BNA Webinar, November 13, 2014.
  • Speaker, “Boss in the Slammer: What You Need to Know About Compliance (and Why Auditing Really Matters)," The Auditing Roundtable National Meeting, September 16, 2014, Charlotte, NC.
  • Panelist, “Implementing the Clean Water Act’s Antidegradation Policy," presented by the American Bar Association Section of Environment, Energy and Resources, August 6, 2014.
  • Speaker, “Beyond Stormwater Runoff: Tips to Manage Process and Wash Water," Associated General Contractors of America Environmental Conference, June 12-13, 2014, Arlington, VA.
  • Speaker, Clean Rivers, Clean Lake Conference, May 1, 2014.
  • Panelist, “Chaos, Disruption and Opportunity," Commonwealth Land’s 5th Annual Virginia Land Forum, April 29, 2014, Richmond, VA.
  • Panelist, “The Northwest Experience with Water Quality Trading for Compliance," U.S. Water Alliance, April 8, 2014, Washington, DC.
  • Speaker, "Gaining Ground: The Power, Potential and Occasional Perils of Water Quality Trading," NACWA (National Association of Clean Water Agencies) – CWA Jurisdiction, Water Quality Trading, March 19, 2014.
  • Speaker, “2014 Environmental Regulatory and Litigation Update,” Virginia Coal & Energy Alliance Professional Engineers in Mining Seminar, March 5, 2014, Lebanon, VA.
  • Speaker, Virginia Professional Engineers in Mining Seminar, March 5, 2014.
  • Speaker, “Upcoming Water & Wastewater Regulatory Challenges; Key Consideration,” VWEA (Virginia Water Environment Association) – 2014 Industrial Waste and Pretreatment Seminar, March 3-4, 2014.
  • Speaker, Virginia Water Environment Association Industrial Conference, March 3, 2014.
  • Panelist, “Quantified Conservation and Water Quality Trading for Compliance,” The Freshwater Trust, February 28, 2014, Portland, OR.
  • Panelist, “The State of the Environment in the Chesapeake Bay," The American University Washington College of Law, February 4, 2014, Washington, DC.
  • Speaker, National Clean Water Law Seminar, November 2013.
  • Speaker, Fall 2013 Environmental Conference, MD-DC Utilities Association, October 2013.
  • Speaker, National Network For Consistency and Integrity in Water Quality Trading, October 2013.
  • Speaker, “Water Sustainability in a Changing Climate,” One Water Leadership Summit, September 2013.
  • Speaker, National Water Quality Trading Roundtable, July 18, 2013.
  • Speaker, Coal Company Internal Environmental Conference, April 17, 2013.
  • Speaker, 2013 Environmental Considerations in Energy Production Symposium, April 17, 2013.
  • Speaker, Virginia Military Institute Environment Virginia Symposium, April 11, 2013.
  • Speaker, VWEA Industrial Waste and Pretreatment Seminar, March 5, 2013.
  • Speaker, NACWA, Developments in Clean Water Law Conference, November 15, 2012.

Publications

    • Co-author, “National Pollutant Discharge Elimination System (NPDES) Permit Compliance Measurement Methods as Context for Water Quality Trading Programs,” Electric Power Research Institute (EPRI), May 9, 2018.
    • Quoted, “9th Circ. Ruling Broadens Reach Of CWA Pollution Liability,” Law360, February 1, 2018.
    • Quoted, “Judge Wants To Hear Dueling Va. Coal Mine Pollution Suits,” Law360, January 19, 2018.
      • Quoted, “ 9th Circuit Ruling Hints At Bumpy Road For Water Rule Redo,” Law360, December 1, 2017.
      • Co-author, " Water Quality Trading: Setting the Record Straight," Natural Resources & Environment, Winter 2017.
      • Quoted, "Water Quality Trading Needs Restrictions, Group Says in Lawsuit," Bloomberg BNA, February 14, 2017.
      • Quoted, " Can Trump deliver on immense energy, climate promises?" Greenwire, November 14, 2016.
      • Quoted, " Will Trump target estuary's 'pollution diet'?" Greenwire, November 11, 2016.
      • Author, “The Case for Water Quality Trading,” National Water Quality Trading Alliance, July 27, 2016.
      • Author, " Multidistrict Transfer and Consolidation – WOTUS Cases,” American Bar Association’s Natural Resources & Environment Journal, Spring 2016.
      • Quoted, “Infrared Camera Use Growing in Oil and Gas Sector,” Bloomberg BNA, March 30, 2016.
      • Quoted, “Clash Over Mining Rules Ahead,” Bloomberg BNA, Online, January 12, 2016.
      • Mention, “Environmental Cases to Watch in 2016,” Law360, December 24, 2015.
      • Mentioned, “Discharge Permit Renewal Makes Appeal Moot,” Bloomberg BNA, December 15, 2015.
      • Mentioned, “War Over ‘Waters of the U.S.’ Rule,” Law360, October 13, 2015.
      • Quoted, “Red River Coal Co. Scores Win In Virginia CWA Suit," Law360, April 14, 2014.
      • Mentioned, “Federal Court Defers to Va. Agency, Rules Coal Company Didn’t Violate NPDES Permit,” Bloomberg BNA, April 14, 2015.
      • Co-author, “ The Clean Water Act Permit Shield—Recent Battles,” 29 ABA Natural Resources & Environment 15 (2015).
      • Quoted, “EPA Says State, Not Federal, Rules Needed to Encourage Water Trading," Inside Washington Publishers, December 15, 2014.
      • Quoted, “Attorneys Say Determining Trading Baseline for Water From Nonpoint Sources Is Difficult," Commonwealth BNA Daily Environment Report, November 19, 2014.
      • Quoted, “Three States Should Lose Primary Authority Over Pollutant Discharges, Petitioners Say," Bloomberg BNA Water Law & Policy Monitor, September 3, 2014.
      • Quoted, “ Fourth Circuit Holds Virginia Coal Company Liable for Unpermitted Selenium Discharges,” BNA Snapshot, July 14, 2014.
      • Quoted, “ Regulations’ impact on electric rates is unclear,” Richmond Times Dispatch, June 3, 2014.
      • Quoted, “ Water quality experts convene to discuss challenges and opportunities to fix rivers faster,” The Freshwater Trust, May 29, 2014.
      • Quoted, “Permits,” Bloomberg Law Water Law & Policy Monitor, May 14, 2014.
      • Quoted, “EPA to Require Best Management Practices to Curb Erosion at Construction Sites,” Bloomberg BNA Environmental Due Diligence Guide Report, March 20, 2014.
      • Quoted, “EPA Defers Stormwater Rulemaking in Lieu of Incentives for Communities," Bloomberg BNA Water Law & Policy Monitor, March 19, 2014.
      • Co-author, “ Environmental Compliance and Commitment From the Top,” Corporate Counsel, March 17, 2014.
      • Quoted, “New Alliance Aims to ‘Champion’ Water Quality Trading,” InsideEPA.com’s Daily Briefing, February 19, 2014.
      • Quoted, “New Alliance Aims to Serve As ‘Champion’ for Water Quality Trading,” Bloomberg BNA Water Law & Policy Monitor, February 10, 2014.
      • Quoted, “Alliance Urges EPA to Explicitly Authorize Trading to Meet Water Quality Objectives,” Bloomberg BNA Water Law & Policy Monitor, January 22, 2014.
      • Quoted, “Omnibus Funding Bill Would Increase EPA Spending from Post-Sequester Levels,” Bloomberg BNA Water Law & Policy Monitor, January 22, 2014.
      • Quoted, “Coal Company Says Permit Shield Defense Should Bar Suits Over Selenium Discharges,” Bloomberg BNA Environment Reporter, January 2, 2014.
      • Quoted, “Attorneys Say Bay Restoration Plan Could Serve As Model for Other Watersheds,” Bloomberg BNA Water Law & Policy Monitor, November 27, 2013.
      • Co-author, “The truth about mercury TMDLs,” Trends, ABA Section of Environment, Energy, and Resources Newsletter, Vol. 44 No. 3, January/February 2013.
      • Author, “Should ‘Daily’ Really Mean ‘Daily’ in TMDL?,” Water Environment Laboratory Solutions, October 1, 2007.
      • Author, “UAAs and the Standards-Setting Process,” ASABE Fourth Conference on Watershed Management to Meet Water Quality Standards and TMDLs, March 2007.

      Professional and Community Involvement

      • Board Member, Art on Wheels
      • Board Member and Executive Committee, Maymont Foundation
      • Board Member, The Valentine
      • Board Member, Richmond Jazz Society
      • Board Member, Richmond CultureWorks (Past Chair)
      • Board Member Emeritus, Capital Region Land Conservancy
      • Past Chair, Richmond Public Library Foundation
      • Past Chair, VCU Rice Rivers Center for Environmental Life Sciences
      • Past Chair, Richmond Business Council, Greater Richmond Chamber of Commerce
      • Past Officer and Executive Board Member, VIRGINIAforever
      • Past Chair, Environmental and Administrative Law Sections of Virginia Bar Association and Virginia State Bar
      • Past Trustee, Virginia Land Conservation Foundation
      • Past Trustee, Energy and Mineral Law Foundation
      • Legal Affiliate, National Association of Clean Water Agencies

      Rankings and Recognition

      • Team Member of 2015 U.S. Water Prize Awarded to Electric Power Research Institute, Ohio River Basin Project, 2015.
      • Named among inaugural list of "50 Energy & Environment Trailblazers," National Law Journal, 2015.
      • Named a 2015 “Virginia Leader in the Law,” Virginia Lawyers Weekly, 2015.
      • Ranked in Band 1 (individually and as a practice), Virginia, Environment, Chambers USA (2005-2018). 
      • Recognized by Best Lawyers in America®: Environmental Law Richmond Lawyer of the Year, 2017.
      • Recognized by Best Lawyers in America®: Administrative/Regulatory Law Richmond Lawyer of the Year, 2016.
      • Recognized by Best Lawyers in America®: Water Law Richmond Lawyer of the Year, 2012, 2015 and 2019.
      • Selected for inclusion as a “Best Lawyer," Environmental Law, The Best Lawyers in America, 2015-present.
      • Selected for inclusion as a “Best Lawyer," Water Law, The Best Lawyers in America, 2008-Present.
      • Selected for inclusion as a “Best Lawyer," Administrative/Regulatory Law, The Best Lawyers in America, 2012-Present.
      • Selected for inclusion as a "Super Lawyer," Environmental Law, Virginia Super Lawyers magazine, 2006-Present.
      • Named among "Virginia's Legal Elite," Virginia Business magazine, 2004-Present.
      • Selected for inclusion in the "Top 40 Under Forty," Richmond magazine, 2008.
      • The International Who's Who of Environment Lawyers, 2013, 2014, 2015.
      • The International Who's Who of Business Lawyers, 2013.

      Professional Experience

      • Partner, Troutman Sanders LLP
      • Environmental Practice Co-Chair and Partner, Hunton & Williams

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      Education

      • Vermont Law School, J.D., cum laude, 1996
      • University of Richmond, B.A., 1992

      Bar Admissions

      • Virginia

      Court Admissions

      • U.S. Court of Appeals for the Third Circuit
      • U.S. Court of Appeals for the Fourth Circuit
      • U.S. Court of Appeals for the Sixth Circuit
      • U.S. Court of Appeals for the Seventh Circuit
      • U.S. District Court for the Eastern District of Virginia
      • U.S. District Court for the Western District of Virginia
      • U.S. District Court for the District of Columbia