Durbin, Stephen V.

Jack Grady's environmental law experience includes a significant litigation background, as well as representation of clients in transactions, negotiations, investigations, and regulatory matters involving all environmental media. Jack's practice at Jones Day consists of representing clients in a variety of environmental issues. He has represented clients in the defense of civil and criminal environmental governmental enforcement actions, the defense and prosecution of private party environmental indemnity claims, the defense of environmental property damage claims, and other environmental litigation. Jack's trial work has included serving as common counsel to a group of alleged potentially responsible parties in response to contribution claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (Southdown v. Allen, 119 F. Supp. 2d 1223 (N.D. Ala. 2000)) and successfully defending on appeal a favorable judgment of behalf of a client in a CERCLA parent­operator liability case (Atlanta Gas Light Company v. UGI Utilities, Inc. et al., 463 F. 3d 1201 (11th Cir. 2006)). He has managed the due diligence and contract negotiations related to mergers, acquisitions, and divestitures of businesses and properties with significant environmental profiles. In addition, he regularly represents clients in compliance counseling, permitting, and other regulatory issues. Jack's practice also has included general litigation matters, including the defense of a multimillion dollar qui tam action under the federal False Claims Act.

While at the Department of Justice he represented the United States in numerous environmental enforcement matters under CERCLA as well as the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, and the Clean Water Act. He served as lead trial counsel on several matters resulting in favorable trial judgments and rulings in the district court and assisted in the defense of these judgments on appeal. Furthermore, he negotiated settlements for the cleanup of Superfund sites, prospective purchaser agreements, and enforcement actions under RCRA, the Clean Air Act, and the Clean Water Act.

Jack's trial work at the Department of Justice resulted in such significant environmental decisions as U.S. v. Bethlehem Steel, 829 F. Supp. 1023, aff'd in part and rev'd in part, 38 F.3d 862 (7th Cir. 1994) and 829 F. Supp. 1047 (N.D. Ind. 1993); U.S. v. Ekco Housewares, Inc., 853 F. Supp. 975 (N.D. Ohio 1994), aff'd in part and remanded in part, 62 F.3d 806 (6th Cir. 1995); United States v. Allied Signal, 830 F. Supp. 1120 (S.D. Ind. 1993); and United States v. NL Industries, et al., 936 F. Supp. 545 (S.D. Ill. 1996). While at the DOJ he received the United States Department of Justice's Special Achievement Award and two U.S. EPA Bronze Medals for Commendable Service. He also contributed as an instructor in several Environmental Enforcement Section training programs and at U.S. EPA's RCRA Practitioner's Workshop.

Prior to coming to the Department of Justice in 1991, Jack served briefly as staff counsel to the United States Senate Judiciary Committee, where he assisted in the management of legislative proposals on the Senate floor and participated in the preparation for and the conduct of Senate hearings on the nomination of Clarence Thomas as an associate justice to the United States Supreme Court.

Jack has published articles and spoken on a variety of topics, including an article in the January/February 1999 edition of Mergers & Acquisitions magazine on the United States Supreme Court decision in United States v. Bestfoods. He has spoken on such topics as "Assessing and Allocating Environmental Risk" and the "Self-Critical Analysis Privilege and Its Application to Environmental Regulation." Jack's background includes extensive experience in environmental and land use issues, including serving as a member of the zoning board for the city of Salem, Massachusetts. Jack was a member of the American Arbitration Association's Commercial Panel of Arbitrators for Environmental Issues and the Metro Atlanta Chamber of Commerce's Brownfields Issues Advisory Committee.