Randy E. Brogdon

Partner

Atlanta
Business Phone: 404.885.3147
Business Fax: 404.962.6892

randy.brogdon@troutman.com

vCard

Randy Brogdon is an environmental business counselor with extensive experience with electric utilities, chemical companies, textile manufacturing facilities, major airlines, copper mining/smelting operations, landfills and other industry sectors. Broad-based regulatory and litigation experience in the areas of air quality permitting and compliance, environmental issues associated with mergers and acquisitions, and overall environmental compliance strategies. Significant experience in responding to notices of violation, negotiating consent decrees and resolving compliance issues with various states and EPA Regions.

Representative Matters

Regulatory Experience

  • Permitting and compliance experience in federal Title V, New Source Review, NESHAP, and NSPS air quality programs.
  • Representing national and international industries in air quality permitting, compliance strategy development, and environmental enforcement issues.
  • Air quality permitting experience in over a dozen states, including Alabama, Arizona, California, Florida, Georgia, Illinois, Indiana, Mississippi, New Jersey, New Mexico, Nevada, North Carolina, Texas, and Utah.
  • Advising clients on regulatory and transactional risks associated with current and pending climate change legislation.
  • Providing legal advice on hazardous materials release-reporting requirements under CERCLA/EPCRA.
  • Preparing comments on dozens of federal, state, and local environmental rulemakings.

Transactional Experience

  • Over the past several years, served as lead environmental due diligence counsel for over $7 billion in power plant/industrial facility acquisitions.
  • Represented a major US utility on environmental due diligence associated with the potential acquisition of wind generation projects in Ohio, Pennsylvania, New York, and Illinois, including review of avian/bat impacts, permit application review, and investigation of soil and groundwater impacts on project sites.
  • Represented one of the nation’s largest banks in the financing of a 55MW utility-scale solar facility (approximately $250MM in value) in New Mexico.
  • Lead environmental counsel for a major Southeastern utility on multiple power plant acquisitions and due diligence investigations in Georgia, Florida, North Carolina, Mississippi, Pennsylvania, Maryland and Texas.
  • Represented a major Australian bank in the environmental due diligence investigation of a large metal recycling company in the U.S.

Auditing Experience

  • Working with national and international companies in developing and implementing effective environmental management systems.
  • Conducting comprehensive, multi-media environmental audits for large, complex, industrial facilities in various states.
  • Preparing environmental assessment protocols for dozens of industrial facilities.

Litigation Experience

  • Serving as coordinating counsel for multi-industry, multi-state air quality appeals before the District of Columbia and Ninth Circuit Courts of Appeal.
  • Conducting employee interviews to determine potential liabilities for companies and their executives.
  • Representing companies in responding to EPA Section 114 Information Requests.
  • Obtaining approval for supplemental environmental projects to offset penalties.
  • Representing companies in responding to citizen suits under the Clean Air Act.

Publications and Speaking Engagements

  • Speaker, “Air Update – Federal and State,” North Carolina Chamber Environmental Compliance Conference, January 28, 2016.
  • Moderator, Energy, Economic Prosperity & and the Environment: Mutually Compatible Priorities for Our Nation, University of Oklahoma Energy Institute, March 2015.
  • Presenter, EPA’s SSM SIP Call, Electric Utilities Environmental Conference, February 2015.
  • Presenter, Air Permitting Review, Georgia Tech Research Institute, March 2015.
  • Co-Author, "Environmental Compliance and Commitment From the Top; From the Experts," Corporate Counsel, March 17, 2014.
  • "EPA Overreach? Georgia's Startup, Shutdown, and Malfunction Rule," Georgia Environmental Conference, August 22, 2013.
  • “Energy Challenges: What to Expect from EPA in the Second Term” – Energy in the Southwest, Santa Fe, NM, July 15, 2013.
  • Panel Moderator, “Energy Challenges and Opportunities for the U.S.,” University of Oklahoma Energy Institute, March 2013.
  • Panel Moderator, “Air Quality Compliance Strategies,” Electric Utility Environmental Conference, Phoenix AZ, January 2013.
  • “Nuisance, Trespass and the Clean Air Act: GHGs and Local Implications,” 2012 Georgia Environmental Conference, August 23, 2012.
  • "Environmental Nuisance Claims and Air Quality Compliance," EUEC 2012, January 30, 2012, Phoenix, AZ.
  • "Preparing for a Regulatory Inspection," Electric Perspectives, July/August 2011.
  • "Regulation of Greenhouse Gases: Title V Operating Permits," Troutman Sanders LLP/Trinity Consultants, July, 20, 2010.
  • "A Legal Perspective on Greenhouse Gas Regulation: Recent Court Decisions on Climate Change and the Implications for the Landfill Industry," 32nd Annual SWANA Landfill Gas Symposium, Thursday, March 12, 2009, Atlanta, GA.
  • Recent Trends in CAA Citizen Suits: Managing Risk in the Serengeti, Natural Resources & Environment, Volume 20, Number 3, Winter 2006.
  • "Enforcement Trends and Compliance Strategies." Southeast Air Quality Conference (March 2005).
  • Speaking Whale: The Impact of Georgia's New Nonattainment Designations on the Georgia Business Community, Georgia Bar Journal, June 2004.
  • "Trends in Clean Air Act Citizen Suits and Permit Appeals." Southeast Air Quality Conference (March 2004).
  • "EPA's Regional Haze Rule: Coming Into View." Institute of Continuing Legal Education in Georgia; Environmental Law Summer Seminar (2002).
  • "The Information Age: No Right to Remain Silent Under the Clean Air Act," Georgia and Southeast Environmental News (2001).

Public Service

  • Board Member, Dunwoody Nature Center

Professional and Community Involvement

  • State Bar of Georgia
  • Arizona State Bar
  • Member, Georgia Coalition for Sound Environmental Policy
  • Member, Metro-Atlanta Chamber of Commerce
  • Member, Air and Waste Management Association
  • Advisory Board Member, Business Energy Solutions Center, Price College of Business, University of Oklahoma

Rankings and Recognition

  • Recognized as one of America's Leading Lawyers for Environmental Law by Chambers USA (2010-2017).
  • Recognized in The Best Lawyers in America in Environmental Law (2012-2014; 2018).
  • Selected as a Super Lawyer in Environmental by Law & Politics and Atlanta Magazine (2006-2017); Selected as a Georgia Rising Star in Environment/Land Use by Law & Politics and Atlanta Magazine (2005)
  • Recipient of the University of Oklahoma's Regents' Alumni Award (2000).

Professional Experience

  • 2001-present, Partner, Troutman Sanders
  • 2000-2001, Counsel, Troutman Sanders
  • 1995-2000, Gallagher & Kennedy

PrintPDF

Education

  • University of Oklahoma, J.D., 1994
  • University of Oklahoma, B.A., 1990

Bar Admissions

  • Georgia
  • Arizona