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
- “RIP to RMP?” April 2017
- “More Protests in the Pipeline” February 2017
- “ALERT: The Trump Administration's First Week” January 2017
- “ALERT: Freeze on Regulations” January 2017
- “The Hurdles for Trump's EPA” January 2017
- “Relief For the Oil and Gas Industry?” December 2016
- “EPA Expands Its Oversight of Oil and Gas Operations” October 2016
- “Never Let a Disaster Go To Waste” September 2016
- “Muddying the Upstream and Midstream Waters” August 2016
- “New Aggregation Rule Provides Clarity for Oil and Gas Industry” July 2016
- “EPA To Consider Emission Reductions At Ports” July 2016
- “EPA Proposes To Strip Affirmative Defenses For Emergencies” June 2016
- “SCOTUS Levels the Playing Field” June 2016
- “EPA Regional Reports: EPA Region 6” Air Quality Committee Newsletter, ABA Section of Environment, Energy, and Resources, April 2016
- “Let's Just Kick Them While They Are Down” April 2016
- “And Not a Drop to Drink?” March 2016
- “The CPP Meets SCOTUS” February 2016
- “'Emission Shaming' - EPA's Latest Compliance Tactic And How To Protect Yourself” February 2016
- “After Coal, Is EPA Pivoting to Oil?” 12/08/2015
- “EPA's Petroleum Refinery Rule Will Increase Litigation” October 2015
- “Is It Time to Lift the Oil Export Ban?” September 2015
- “An Exploration of EPA’s Cost-Benefit And Regulatory Impact Analyses” September 2015
- “EPA’s Greenhouse Gas Rules Causes More Harm Than Good” August 2015
- “EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands” July 2015
- “The Other Shoe Did Not Drop” June 2015
- “The New Coal Combustion Residuals Rule - An Implementation and Enforcement Nightmare” Waste and Resource Recovery Committee Newsletter, ABA Section of Environment, Energy, and Resources, August 2015
- “EPA Coal Ash Rule Will Foster Citizen Suits” April 2015
- “EPA Proposes Zero Discharge to POTWs From Oil and Gas Sector” April 2015
- “Astroturfing the grassroots” March 2015
- “New Climate Rules Will Impact Oil and Gas Industry” February 2015
- “The Fifth Circuit Declines to Extend Sackett to Jurisdictional Determinations” January 2015
- “A Lack of Due Diligence Can Lead to High Penalties in Louisiana” December 2014
- “Two Studies Suggest Fracking Is Safe” October 2014
- “Regulation of Oil and Gas Activities in Texas, Louisiana” September 2014
- “The Clean Air Act And The Basis for Regulation of Greenhouse Gases--Part 1” September 2014
- “The Clean Air Act And The Basis for Regulation of Greenhouse Gases--Part 2” September 2014
- “The Clean Air Act And The Basis for Regulation of Greenhouse Gases--Footnotes” September 2014
- “Believe It Or Not, The Clean Water Act May Actually Help You” August 2014
- “Supreme Court Rules on Major Greenhouse Gas Regulation” July 2014
- “The Goal? No Coal!” June 2014
- “EPA, U.S. Corps Assert Jurisdiction over Isolated Waters, Wetlands” April 2014
- “Green Completions Help the Environment and Industry” March 2014
- “The Keystone XL Pipeline Passes The President’s Red-Line On Climate” February 2014
- “Stray Gas Methane - The Next Big Problem?” January 2014
- “Upgraded Standards for Phase I Site Assessments May Impact Loans and Sales” December 2013
- “EPA Opens an Absurd Front in the War on Coal” November 2013
- “There is a Growing Resistance to Climate Change Proposals” October 2013
- “Keystone Pipeline Decision Looms” September 2013
- “The Expansion of the ‘Unconstitutional Conditions’ Doctrine In Land Use Regulation” August 2013
- “EPA Can Veto Corps' Wetlands Permits "Whenever" It Wants” July 2013
- “What You Don't Know About Phase I Can Cost You” June 2013
- “An Inconvenient Irony” April 2013
- “Why Should You Worry About Environmental Laws?” March 2013
- “The Boiler MACT is Back!” February 2013
- “What Can the BSW Environmental Group do for the Maritime Industry?” January 2013
- “Costly Rules Will Move Forward Now That Election Is Over” January 2013
- “The Ever-Expanding Regulatory Burden” Inside Industry, September 2012
- “Opening Federal Areas to Oil Production Found Economically Viable” August 2012
- “2012 Regular Legislative Session—Update on Environmental Legislation” June 2012
- “Federal Government Issues New Hydraulic Fracturing Rules” June 2012
- “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
- “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 Finalizes Several Rules in June” June 2010
- “LDEQ’s Proposed Rule for Regulatory Permits for Concrete Manufacturing Facilities” March 2010
- “LDEQ Initiative Provides New E&P Waste Disposal Option” March 2010
- “LDEQ’s Denial of Hearing Request Overturned” January 2010
- “Clean Water Restoration Act, S.787 SPCC Rule Finalized, Again” November 2009
- “Greenhouse Gas Tailoring Rule Published” September 2009
- “Environmental Justice Efforts Renewed” August 2009
- “Arranger Liability Under CERCLA” June 2009
- “Legislative Session—Pre-filed Bills of Interest” March 2009
- “Greenhouse Gas Emissions and Cap and Trade” March 2009
- “Construction Sites—EPA Proposes Tightened Storm Water Standards” December 2008
- “Recent Rules by Bush to be Rolled Back?” November 2008
- “Revisions to the Definition of Solid Waste” November 2008
- "LDEQ Clarifies Solid Waste Buffer Zone Rules" February 2009
- "So, What Wetlands are Regulated and What Waters are Navigable Nowadays?" -January 2009
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
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.
