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Phillip E. Hoover
Partner / AtlantaPhillip E. Hoover is a Partner in the Environmental and Sustainability Practice Areas of Smith, Gambrell & Russell, LLP.
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Full Bio
Mr. Hoover’s practice includes providing counsel on numerous environmental regulatory matters, as well as the redevelopment of environmentally impacted properties. These include state and federal superfund sites, corporate mergers and acquisitions of such properties. His environmental experience includes representation of Potentially Responsible Parties at superfund sites. He has negotiated RCRA permits and corrective action plans on behalf of clients in various states.
In addition to handling appeals of Title V permits, Mr. Hoover assisted clients with permitting issues, such as the application of New Source Review and the application of regional Haze rules in PSD designated areas. He has advised numerous clients on conservation easement issues. Mr. Hoover has represented buyers, sellers and lenders on all aspects of environmental transactions, including assessments of environmental impacts and potential exposure. He has negotiated provisions to address environmental issues and complex real estate, corporate and bankruptcy transactions.
Mr. Hoover received his B.A. degree in Literature from Rhodes College in 1990, his M.S.L. in Environmental Law, cum laude, in 1992 from the Vermont Law School and his J.D. from The University of Memphis in 1993. He is admitted to the Georgia and Tennessee bars.
Certifications of Specialization are available to Tennessee attorneys in all areas of practice relating to or included in the areas of Civic Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor’s Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. Any listing of related or included practice areas herein does not constitute or imply representation of specialization. These disclosures are required by the Supreme Court of Tennessee.
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Representative Experience
- Negotiated with a municipality and POTW authority for the installation of a grey water line to supply water to a major paper recycler in Georgia
- Representation regarding voluntary cleanup of former carbon electronics plants in Rhode Island, Texas and New Jersey
- Advised clients on Brownfield agreements that allow the conversion of former industrial sites to student housing and for the refurbishing of an auto manufacturing facility
- Represented North Chickamauga Creek Conservancy in the acquisition and preservation of 6,500 acres of pristine wilderness in east Tennessee
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Bar Admissions
Georgia
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Education
Undergraduate- Rhodes College
Law School- University of Memphis
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Memberships
Tennessee River Gorge Trust
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Recognitions
The Best Lawyers in America®, Atlanta, Environmental Law (2023-2026) -
Publications and Speaking Engagements
Panel participant, Associated Owners and Developers (AOD) Panel on Green Construction.
Speaker, Georgia Real Property Law Institute’s annual seminars on “Brownfield Development in Georgia” and on “Conservation Easements.”
Published several articles on Brownfield development and on conservation easements.
Presentation entitled “Taking Endangered Species to the Bank: Creating Markets Through Conservation Banking” at The Timberland Asset: Stable Investments for Turbulent Times, March of 2009.
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SGR Publications
- Third Circuit Reverses EPA “Reactivation” Policy for PSD
- EPA Eliminates “Emergency” Defenses to CAA Violations
- OSHA Issues Heat Hazard Alert and Steps Up Enforcement
- EPA Criticized for Slow Response to WOTUS Ruling
- EPA Proposes Reforms to New Chemicals Review Under TSCA
- OMB Clears Hurdle for Regulation of Coal Ash Landfills
- Future of “Durable” WOTUS Rule in Doubt
- Lawsuit Challenges USFS CWA Permits for Aerial Firefighting
- Bill Introduced in the House to Finance Utilities’ LSL Replacement Efforts
- EPA Publishes Draft “Cumulative Risk” Assessment Procedures Under TSCA
- EPA Proposes Strict Clean Water Act Treatment Technology for Coal-Fired Power Plants
- U.S. Attorneys’ Office Issues New “Self-Disclosure” Penalty Policy for Environmental Crimes
- EPA Published WOTUS Rule on January 18, 2023
- White House Publishes Guide to Weighing Climate Consequences to Permitting Actions
- Asphalt Manufacturer Challenges EPA’s Spill Rule Under Oil Spill Control Regulations
- Apple Eyes Recycling Plan for Carbon-Neutrality
- EPA to Increase Chemical Manufacturer’s Fees
- EPA Issues Interim Environmental Justice (EJ) and Civil Rights Permitting FAQ
- EPA to Release Lead Strategy in Anticipation of Revised Soil Clean-Up Guidance
- EPA Streamlines Review of New Chemicals for EV Vehicle Batteries
- EPA Set to Approve Canola Oil for “Advanced” Fuel under RFS
- Sixth Circuit to Review Decision to Certify Class in PFAS Litigation
- Environmentalists Sue EPA Over Regulation of “Inactive” Coal Ash Landfills
- Georgia-Pacific Seeks Supreme Court Review of CERCLA Statute of Limitation
- EPA to Publish CWA Spill Rules for Chemical ASTs
- EPA Scrutiny of Self-Audit Policy May Discourage Self-Disclosure of Violations
- Industry Urges IRS to Delay Superfund Tax by Six Months
- EPA Releases Drinking Water PFAS Standards
- EPA Proposes New CWA 401 Rule Undoing Trump-Era Limits
- SEC Proposes Climate Change Disclosure Rules
- Timber and Paper Industry Petition EPA to Ease Restrictions on Burning Paper Residuals
- Time Running Out for Forever Chemicals: EPA Gets Tough on PFAS
- EPA to Cease Accepting Expedited Corrections to TSCA Inventory
- Department of Energy Announces Domestic Battery Strategy
- Liquid Terminal Industry Seeks Superfund PFAS Waiver
- EPA to List New Hazardous Air Pollutant
- New York City to Require Bias Audits of Automated Employment Tools
- New York City to Require Employers to List Salary Ranges in Job Postings
- California Reinstitutes Paid COVID Leave
- Illinois Proposes Groundwater Standard for PFAS
- Supreme Court Blocks OSHA “Vaccine-Or-Test” Rule for U.S. Workers
- NYC to Ban Natural Gas in New Buildings
- Michigan Grants Minor Source Air Permit Despite Environmental Justice Concerns from EPA
- EPA Proposes Clean Air Rule to Cut Methane Emissions from Oil and Natural Gas Industry
- EPAs PFAS Regulation Plan Puts Companies on Notice
- EPA Misses Deadline to Respond to RCRA, PFAS Petition
- OSHA Announces Expanded Measures to Protect Workers from Extreme Heat
- EPA Extends Deadline to Comply with TSCA Chemical Ban
- 8th Circuit Confirms Retroactive, New Source Review Enforcement Power
- EPA to Increase Air Enforcement at Scrap Metal Facilities
- Infrastructure Bill to Streamline Permitting
- Federal Ruling Requires CWA Permit for Injection Wells
- White House CEQ to undo Trump Permitting Changes
- EPA to Revise Lead and Copper Rule
- Biden EPA’s Plans to Overhaul TSCA Chemical Assessments Sparks Debate Over PPE Use
- Supreme Court Reverses D.C. Circuit on Superfund Cost Recovery Statute of Limitations
- OSHA Directs Employers to Follow CDC Mask Guidance
- Biden Administration to Restore California’s Authority to Limit Auto Emissions
- Challenge to Trump Rule Relaxing Clean Car Standards Put on Hold by D.C. Circuit
- OSHA Adopts National Emphasis Program (NEP) in Lieu of Adopting Emergency Temporary Standards to Address COVID in the Workplace
- “Diesel Brothers” Clean Air Act Lawsuit Threatens to Greatly Expand Standing Under Citizen Suits
- U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case
- Environmental Groups File Suit to Overturn “Do Nothing” (Ozone Standards)
- TSCA to Receive Broader Interpretation Under Biden Administration
- OSHA Releases Updated COVID-19 Guidance
- DuPont Motion for Mistrial in PFAS Verdict Denied
- Ten Northeastern States to Divide $120,300,000 in Proceeds from Cap and Trade Program
- Representative Dingell Will Make Regulation of PFAS Chemicals Top Congressional Priority
- New York Court Rules that OSHA’s Primary Jurisdiction Over Worker Health and Safety Blocks Nuisance Claim for COVID Related Matters
- Real Estate Investors Increasingly Considering Climate Risk in Investment Models
- U.S. Trade Court Blocks Trump Administration Bid to End Solar Tariff Loophole
- EPA Proposes New Aircraft Emission Standard
- U.S. Supreme Court Agrees to Hear Procedural Challenge to Climate Change Cases
- Bipartisan House Plan Proposes Significant Investment in Clean Energy Infrastructure
- EPA Relaxes Limits on Toxic Waste from Coal Power Plants
- DOJ Announces Policy to End Enforcement Overlap with States under Clean Water Act
- EPA Proposes Carbon Limits for Airplanes
- OSHA Workplace Injury Reporting Requirements: Relaxing the Rules for COVID Reporting
- EPA Studying the Effectiveness of Longer-Lasting Disinfectants
- Health Risk Review of Methylene Chloride Triggers EPA Regulation
- EPA Exploring Chemical Fee Options for Businesses Impacted by COVID-19
- EPA Union Opposes Reopening Plans
- Returning to Work During the COVID-19 Pandemic: Are You Ready?
- Getting Back to Work in Uncertain Times – Guidelines for Employers
- OSHA Issues COVID-19 Enforcement Plan
- OSHA Communication Requirements in the Age of COVID-19
- Employer Guidance on Preparing the Workplace for COVID-19
- EPA Authorizes Nationwide Telecommuting for EPA Employees
- The Coronavirus is Giving Employers a Headache! You Have Questions. We Have Answers.
- U.S. Challenges Plastic Waste Trade Limits
- EPA Considers “Legacy Use” Options as Appeal Windows Narrows
- EPA’s New Water Rule to Face Major Challenges in Court
- EPA Adds 160 PFAS for Toxics Release Reporting
- EPA Announces Plans to Revoke Obama Waters of the United States Rule
- Solar Tariffs Harm U.S. Industry
- Coal Ash Permit Rule to Target “High Hazard” Sites
- States Seek PFAS Help Advisories Rather Than Toxicity Values
- House and Senate Fail to Reach Agreement on Regulating PFAS in 2020 Spending Bill
- Congressional Task Force to Consider Ethylene Oxide Emission Limits
- Energy Companies Consider Petitioning Supreme Court to Review Obama Era Ozone Standards
- Repeal of Obama-Era Clean Water Rules Sparks Litigation
- Wind Power Industry Requests U.S. Tax Credits
- DC Circuit Provides Split Guidance on Wehrum Memo
- Landfill Pollution Suits Removed to Federal Court
- Federal Mine Regulators Issue Guidance on Refuges
- EPA Lowers Dust-Lead Hazard Levels in Advance of Court Ordered Deadline
- U.S. EPA Not to Impose Stricter Ozone Controls on Upwind States
- Federal Judge Blocks Obama Administration Wetlands, Waters Rule
- Claims Against Caterpillar Can Proceed Despite “Mere Conclusory” Allegations in CERCLA Complaint
- Sluggish Response to Opportunity Zone Program
- EPA Administrator Promises to Listen to Scientists
- Public Hearing Scheduled for Trump’s Water Rule Proposal
- Federal Shutdown Delays EPA Rule Rewrites
- Citigroup Issues €1B Green Bond to Fund Renewable Energy and Conservation Efforts
- No Time Bar for Injunctive Relief for New Source Review Violations, 5th Circuit Rules
- California Appeals Court Upholds Jury Verdict that Project Owner not Liable for Asbestos Exposure to Contract Worker
- California Moves to Tighten Truck Exhaust Standards Ahead of EPA
- Solid Waste Incineration Units / Emission Guidelines
- Increased Regulation Coming for Coal Ash
- First Vapor Intrusion Superfund – Sites Listed by EPA
- Congress Approves America’s Drinking Water Infrastructure Act
- EPA Seeks to Revamp NSR Test
- EPA Proposes Changes to Regulations on Methane Emissions
- Trump Administration Continues to Ease Regulations on Coal Plants
- ConocoPhillips Settles with Venezuela’s PDVSA to Recover $2 Billion
- “Exceptional Events” Exemption Under the Clean Air Act Upheld by D.C. Circuit
- U.S. EPA Sued Over Missed Air Pollution Reviews
- Trump Administration Proposes Nationwide Cuts to Vehicle Fuel Efficiency and Emission Standards
- Pace of Review of Industrial Expansion Permits to Continue Under Acting EPA Administrator
- White House Announces Proposal to Reorganize Governmental Agencies
- Wind and Gas Surpassed by Solar as Biggest Source of New U.S. Power
- EPA and Coal Ash Pond Regulation: 2018 Update
- EPA Announces New Carbon Neutral Policy for Forest Biomass Energy
- Turning Poultry Waste and Scrapwood into Electricity
- Guilt-Free Sara Lee: Renewable Energy Plans
- EPA Posts Updated List of “Active” Chemical Substances
- EPA Lifts Repair Requirements for Oil and Gas Leaks
- House Votes to Delay Brick Kiln, Wood Stove Air Pollution Control Rules
- Congress Reauthorizes Tax Credit For Buried Carbon Dioxide
- EPA Reverses Toxic Pollutant Policy under Clean Air Act
- “Once In, Always In”
- Solar Tariffs Set to Slow Expansion of Solar in U.S.
- U.S. EPA Targets Faster Cleanups for Superfund Sites in 2018
- EPA Responds to States Regarding Ozone Nonattainment Areas
- EPA Fails to Designate Nonattainment Ozone Counties
- EPA Proposes Repeal of the Clean Power Plan
- TVA Appeals U.S. District Court Order for Removal of Coal Ash
- States, Cities and Private Businesses Put U.S. Halfway to Paris Climate Accord Goal
- Power Plants Get Two-Year Reprieve from Parts of Wastewater Discharge Rule
- SGR Congratulates Client, Cox Enterprises for their Water Conservation Initiatives at Manheim Georgia
- New EPA Water Infrastructure Finance Website Open
- Supreme Court Hands Chevron Victory In Ecuador Pollution Case
- Toshiba Backs Vogtle Nuclear Project
- Tunnel collapses at Washington Nuclear Waste Plant; No Radiation Released
- U.S. Wind Industry Has Biggest First-Quarter Installs In Eight Years
- Trump Administration Seeks to Cut Clean Energy Division Budget
- Coal Ash Decision Expands Clean Water Act to Include Groundwater Discharges
- Appalachian Aid Agency Cut from President Trump’s Proposed Budget
- Scott Pruitt Withdraws Obama Measure Requiring Reporting of Methane Leaks
- Greenhouse Gas Emissions Drop as Natural Gas Replaces Coal Power
- EPA Sued by Homebuilders over Joint Liability for Stormwater Issues
- Trump’s Presidential Memo Encourages the Development of a Permit Streamlining Action Plan
- EPA Denies State Request to Expand Ozone Transport Regions
- U.S. EPA has determined Clean Air Act permit granted to Georgia Cellulosic Biomass Plant to be Inadequate
- Possible Change to EPA Toxic Rules for Large Boilers
- NESHAP Revisions Regarding Generally Available Control Technology
- EPA Raises Defense of Power Plant Carbon Rule in Federal Court
- New Threshold Requirements for Methane Emissions from Landfills
- PHMSA tightening legacy pipeline and consequence area regulations for Natural Gas Pipelines
- EPA to Issue Guidance for New Ozone Standard
- Federal Case Law Impacts Superfund Cost Recovery
- The Challenges of Green Labeling for Manufacturers
- The Challenges of Green Labeling
- OSHA Proposes Rule on Electronically Recording Injury and Illness Information
- Training for Revised OSHA HAZCOM Must Be Completed by December 1
- EPA Extends Six Enforcement Priorities to 2016
- U.S. EPA Issues Final, Mandatory Greenhouse-Gas Reporting Rule
- EPA Publishes Rules to Regulate Greenhouse Gases Under the Clean Air Act
- EPA’S Proposed Rule Requiring Mandatory Reporting of Greenhouse Gas Emissions is the First Step in an Expensive Regulatory Program That Will Affect Most U.S. Industries
- Georgia Voluntary Remediation Program Act
- The Broad Reach of Chemical Security Regulations: SECTION 550 OF THE DHS APPROPRIATIONS ACT OF 2007
- Compliance: The Original Sustainability
- From Hazardous to High Dollar
- Tax Benefits for Land Conservation
- EPA Supports Superfund “Polluter Pays” Provision
- EPA Awards $7.8m to Climate Showcase Communities
- EPA Issues Final Rule: Diesel Engines
- Guidelines Released for Georgia’s Competitive Grant Programs
- Georgia Voluntary Remediation Program Act
- Georgia’s Governor Signs Clean Energy Grant Legislation
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Press
- Smith Gambrell Russell Advises Brown & Watson Company, Inc. on a Successful Sale
- The Best Lawyers in America® Recognizes 105 SGR Attorneys in 2025 Edition
- Smith Gambrell Russell Represents Agrochemical Company Sipcam Agro USA in Acquisition of Odom Industries
- The Best Lawyers in America® Recognizes 102 SGR Attorneys in 2024 Edition
- Smith Gambrell Russell Represents CAIRE in Acquisition of MGC Diagnostics to Expand Clinical Healthcare Portfolio
- Best Lawyers in America Recognizes 91 SGR Attorneys in 2023 Edition
- Smith Gambrell Russell Represents Superior Pine Products in 58,000 Acre Acquisition of Forestland in Arkansas and Louisiana
- Smith Gambrell Russell Represents Client Valmet in Acquisition of Coldwater
- Smith, Gambrell & Russell Represents Tecum Equity in Purchase of Pinnacle Cranes
- Smith, Gambrell & Russell Represents Client, Gerdau, in Sale of Atmosphere Annealing and NitroSteel to Z Capital
- Smith, Gambrell & Russell Represents SASCO Chemical Group, Inc. in Acquisition