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John B. King
John B. King

John B. King

Partner - Baton Rouge
John B. King represents companies and trade associations in environmental regulatory matters including permitting, compliance assurance, enforcement actions, toxic tort defense, and litigation. He focuses on manufacturing and energy sectors, including oil and gas production facilities and pipelines, liquid and bulk tank terminals, chemical facilities, sugar mills, waste disposal sites, and construction projects.

Mr. King has been involved in a variety of regulatory matters with state and federal agencies (such as the Louisiana Department of Environmental Quality, the Louisiana Department of Natural Resources, the Environmental Protection Agency, and the Corps of Engineers). He has negotiated enforcement settlements, obtained favorable determinations in permitting and compliance matters, litigated enforcement and permit matters, and advised clients in a variety of industries on compliance, enforcement, and permitting issues.

Mr. King has extensive experience representing companies and individuals before the LDEQ and/or EPA in matters related to air quality, water quality, hazardous waste, solid waste, underground storage tanks, and used oil. Among many others, these matters include permitting and compliance issues associated with air emissions, stormwater and wastewater discharges, and the definition of solid waste. Mr. King has also successfully represented companies before the LDNR, working with the agency to obtain favorable decisions and rulings in oil and gas and coastal use permitting matters. He also worked extensively with the Corps regarding wetlands and mitigation issues.

In addition to his regulatory experience, Mr. King has represented a variety of companies in state and federal courts and administrative proceedings in enforcement actions brought by LDEQ, EPA, or citizens relating to environmental compliance. These matters include allegations of violations of the Clean Water Act, the Clean Air Act, and other environmental programs.

Formerly, Mr. King was Director of Regulatory & Legal Affairs for a large oil and gas waste disposal company and responsible for its environmental and safety programs. He also served, for many years, as Chief Attorney for Enforcement with the Louisiana Department of Environmental Quality. While with the LDEQ, Mr. King personally prosecuted, or oversaw the prosecution of, enforcement actions issued by the LDEQ, handled major permitting matters, and successfully litigated matters in state courts, federal courts, and administrative tribunals. Mr. King has an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell.  
  

Education

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

Louisiana State University, B.S. in Marketing, 1981
Certified Public Manager (Presented by the Division of Administration, Comprehensive Public Training Program, in conjunction with the LSU Public Management Program)

Admissions

Louisiana, 1985

U.S. Fifth Circuit Court of Appeals

U.S. District Courts (Western, Middle & Eastern)

Experience

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

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

Professional Associations

Member of the Louisiana Oil and Gas Association

Member of the Air and Waste Management Association

Member of the Louisiana Solid Waste Management

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

Honors and Awards

AV® PreeminentTM Peer Review Rated

Received LDEQ’s Employee of the Year Award

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

Received the LDEQ Service Award

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

Publications

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Presentations

  • Recent Regulatory and Legal Developments Impacting Environmental Compliance, A&WMA Annual Conference, New Orleans, Louisiana, June, 2016
  • Environmental Compliance: A Continuously Evolving Landscape, International Liquid Terminal Association Annual Conference, Houston, Texas, June, 2016
  • Clean Power Plan, Electric Power Conference, New Orleans, Louisiana, March, 2016
  • The Definition of Solid Waste, Environmental Conference, Lafayette, Louisiana, March, 2016
  • The Definition of 'Waters of the United States', Louisiana Water Conference, Shreveport, Louisiana, March, 2016
  • Going Clear: How EPA's Transparency Trend Impacts Environmental Compliance, 4C HSE Conference, Austin, Texas, February, 2016
  • Recent Regulatory and Legal Developments Impacting the Environment, Air & Waste Management Association's 2015 Annual Conference
  • An Exploration of EPA's Cost-Benefit and Regulatory Impact Analyses, 35th Annual International Operating Conference & Trade Show for International Terminals Association (ILTA)
  • “Proposed Definition of Waters of the United States”, 2015 Louisiana Conference Co-host Louisiana Water Environment Association (LWEA)
  • “Fracking – Safer Than You've Heard”, 4C Environmental Conference
  • "The Clean Air Act And The Basis For Regulation Of Greenhouse Gases", Louisiana Section of the Air & Waste Management Association's Environmental Focus 2014
  • "The Clean Air Act And The Basis For Regulation Of Greenhouse Gases", 2014 International Conference on Thermal Treatment Technologies & Hazardous Waste Combustors (IT3/HWC)
  • “Recent Decisions Impacting the Environment and Environmental Regulation”, International Liquid Terminals Association
  • "What Have the Feds Been Up To? Federal Legal Developments", Louisiana Solid Waste Association
  • “Will the Regulatory Noose Choke Fracking?”, Air & Waste Management Association
  • “Recent CAA Initiatives", Air & Waste Management Association
  • "NAAQS – How Low Can We Go”, Air & Waste Management Association
  • "Boiler MACT – The Cost of the Benefits", Air & Waste Management Association
  • "Sackett v. EPA", Environmental Regulatory Compliance Conference
  • "UIC – Site Selection, Permitting, and Compliance”, Environmental Regulatory Compliance Conference
  • “Oil and Gas NSPS – Green Completions”, Louisiana Solid Waste Association
  • “The Continuing Redefinition of the Definition of Solid Waste”, Louisiana Solid Waste Association
  • "Regulatory Enforcement Actions: What to Expect and How Best to Respond”, International Liquid Terminal Association
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Representative Matters

Represented major liquids terminal in exposure suit.

Represented major coal terminal in citizen suit brought by environmental groups in federal court regarding Clean Water Act discharges.

Represented large sanitary treatment plant in citizen suit in federal court regarding Clean Water Act discharges.

Represents oil and gas operators in ‘legacy lawsuits’ and exposure cases.

Represented numerous companies regarding enforcement, permitting, and compliance issues.

Represented recyclers and obtained Beneficial Use Permits.

Represented major chemical manufacture in EPA enforcement action relating to the Risk Management Program.

Obtained the first hazardous waste research, demonstration, and development permit in the state on behalf of client engaged in thermal treatment.

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.

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.

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.