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John B. King

Partner—Baton Rouge
Phone:
225.381.8014
Fax: 225.387.5397
john.king@bswllp.com
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John B. King's principal areas of practice include environmental and oil and gas regulatory permitting and defense, compliance assistance, toxic tort defense, and litigation.

Mr. King has a vast amount of experience in the area of environmental law. His experience includes environmental permitting and compliance matters with BSW, Director of Regulatory and Legal Affairs for a large oil and gas waste disposal company, and Chief Attorney for the Louisiana Department of Environmental Quality.

Mr. King has been involved in a variety of regulatory matters with state and federal agencies.  He has successfully represented numerous companies and individuals before the LDEQ in enforcement and permitting matters relating to air quality, water quality, hazardous waste, solid waste, underground storage tanks, and used oil.  In remediation matters, he has worked with LDEQ’s Voluntary Remediation Program and assisted clients in remediation activities involving the LDEQ’s RECAP standards.  He has also negotiated enforcement settlements, obtained favorable determinations in permitting matters, and advised clients in a variety of industries on compliance, enforcement, and permitting issues.  Mr. King has also successfully represented companies involved with oil and gas exploration and production waste issues with the Louisiana Department of Natural Resources.  From permitting to enforcement issues, he has worked with LDNR to obtain favorable decisions and rulings.  He also worked extensively with the United States Corps of Engineers regarding wetlands issues.

As Director of Regulatory & Legal Affairs for a large oil and gas waste disposal company, Mr. King oversaw its environmental and safety programs.  The company operates in Louisiana, Texas, Arkansas, and Alabama and provides treatment and disposal options for oil and gas wastes.  The company operates injection wells, waste processing units, and wastewater treatment units.

Mr. King was also with the Louisiana Department of Environmental Quality for twelve years, many as the Chief Attorney for Enforcement.  While with the LDEQ, he personally prosecuted, or oversaw the prosecution of, enforcement actions issued by the LDEQ.  Mr. King also handled major permitting matters.  He successfully litigated matters in state courts, federal courts, and administrative tribunals.

Education

Louisiana State University , B.S. in Marketing, 1981

Paul M. Hebert Law School, Louisiana State University, J.D., 1985

Certified Public Manager (Presented by the Division of Administration, Comprehensive Public Training Program, in conjunction with the LSU Public Management Program)

Employment

Partner, 2003-2007, 2008 - present
Breazeale, Sachse & Wilson, LLP.

Director of Regulatory & Legal Affairs, 2007-2008
CCS Midstream Services, LLC.

Attorney, 2001-2003
LeBlanc & Waddell

Chief Attorney, 1989-2001
Louisiana Department of Environmental Quality

Attorney, 1985-1989
Reina & LeBlanc

Representative Matters

Represented company that obtained the first hazardous waste research, demonstration, and development permit in the state.

Represented large landowner regarding military munitions issues on a Formerly Used Defense Site located within the state.

Represented the Chamber of Greater Baton Rouge regarding Baton Rouge's ozone non-attainment issues and successfully obtained a stay from the U.S. Fifth Circuit of the use of reformulated gasoline (RFG) in the Baton Rouge non-attainment area.

Worked with regulatory agencies in Louisiana, Texas, Arkansas, and Alabama on permitting and compliance matters relating to E&P Waste injection wells, salt dome disposal, and processing facilities.

Prepared comprehensive Responses to IT Questions in support of Louisiana permit applications.

Represented solid waste landfills regarding enforcement, permitting, and compliance issues.

Established compliance systems and conducted compliance audits.

Prepared applications for new and modified permits and worked with the regulatory agencies to obtain permits.

Wrote and implemented required plans, such as Stormwater Pollution Prevention Plans, Spill Prevention, Countermeasures, and Control Plans, and Waste Management and Operations Plans.

Established and implemented OSHA-required safety training programs.

Obtained a favorable hazardous waste determination on contaminated soil, saving millions in disposal costs for the company.

Represented a used oil transporter in an enforcement action brought by EPA Region 6.

Was appointed Special Assistant Attorney General to represent the State of Louisiana in a jury trial in federal district court against Marine Shale Processors, Inc.

Represented LDEQ in federal district court in a suit against LDEQ relating to the importation of foreign generated hazardous waste.

Successfully presented briefs and/or oral arguments in the United States Court of Appeal, Fifth Circuit, the Louisiana Supreme Court, and the state Courts of Appeal, First and Fifth Circuits.

Represented LDEQ in lengthy permit hearings involving the CECOS International, Inc. hazardous waste landfill and the Marine Shale Processors, Inc. air permit modification.

Represented LDEQ in national enforcement cases in federal courts across the country.

Awards

Received LDEQ’s Employee of the Year Award, 1999

Received a "Special Commendation Award" from the U.S. Department of Justice, October 1994

Received the LDEQ Service Award, October 1990 and September 1994

Received the National Bureau of Affairs Law Student Award for Scholastic Achievement, Spring 1985

Professional Associations

Member of the Louisiana Oil and Gas Association

Member of the Air and Waste Management Association

Member of the Louisiana Environmental Health Association (past board member)

Member of the Louisiana State Bar Association, Environmental Section 

Member of the American Bar Association, Section on Energy, Environment and Resources

Past member of the Vestry, Trinity Episcopal Church

Past President, Trinity Episcopal Day School Board (served two terms)

Adult Leader, Boy Scout Troop 505

Articles/Publications/Presentations

"The Sackett Decision - A Major Victory for Property Owners" March 2012

“Impediments to Oil and Gas Exploration and Production Constricts Supply” March 2012

“Global Warming ‘Pause’ Does Not Pause EPA’s Regulatory Efforts” February 2012

“Hydraulic Fracturing Studied by EPA” January 2012

“LDEQ Regulatory Update” January 2012

“The Keystone Cop-Out” December 2011

“Recent EPA Decisions Impacting Business Opportunities” September 2011

“Environmental Issues Facing Auto Dealers” September 2011

“Environmental Protection at Construction Sites” September 2011

“In re: Harrelson Materials Management, Inc., 2010-1950 (La. App. 1 Cir. 6/10/11)” July 2011” July 2011

“In re: Oil & Gas Exploration, Development. & Production Facilities Permit, No. LAG260000, 2010-1640 (La. App. 1 Cir. 6/10/11), 2011 WL 2297790” July 2011

“In re: Petroplex International, LLC, 2010-1194, (La. App. 1 Cir. 3/25/11), 2011 WL 1225871” July 2011

“LDEQ's Proposed Revisions to the Solid Waste Regulations” March 2011

"LDEQ's Spill Prevention and Control Rule Amendment" September 2010

"LDEQ Finalized Several Rules in June" June 2010

"LDEQ Initiative Provides New E&P Waste Disposal Option"

"Environmental Justice Efforts Renewed" August 2009

"Arranger Liability Under CERCLA" June 2009

"Legislative Session Pre-filed Bills of Interest" April 2009

"Greenhouse Gas Emissions and Cap and Trade" March 2009

"LDEQ Clarifies Solid Waste Buffer Zone Rules" February 2009

"So, What Wetlands are Regulated and What Waters are Navigable Nowadays?" -January 2009

Author, Louisiana State Bar Association, Environmental Update, April, 2004

Author, Louisiana State Bar Association, Environmental Update, August 1996

Author, "Enforcement of Federal and State Hazardous Waste Laws,” Hazardous Waste In Louisiana," National Business Institute, Inc., 1995

Lecturer- National Business Institute, Inc. “Hazardous Waste In Louisiana" seminar

Lecturer- Professional Environmental Program, Louisiana State University

Lecturer- American Bar Association Annual Section on the Environment Conference 

Lecturer- Numerous environmental conferences, such as the Region 6 RCRA Inspector’s Workshop