Frank, Christian

Rob Fowler is a Partner in the Environmental and Natural Resources section of Balch & Bingham LLP. His practice includes the regular representation of private companies in the following areas:

·        Environmental Permitting - Clean Air Act (CAA) and Clean Water Act (CWA) permitting for all types of new and existing sources, such as electric utility power plants, non-ferrous metal products manufacturing facilities, chemical manufacturing facilities and natural gas pipelines; state and local Phase I and II storm water permitting.

·        Environmental Litigation - Representation of a corporation in a citizen suit regarding environmental claims under the Federal Tort Claims Act (FTCA), the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), including the presentation of oral argument in the United States Court of Appeals for the Eleventh Circuit; representation of a coalition of businesses, industries, associations and agencies challenging the United States Fish and Wildlife Service's (FWS) listing of the Alabama sturgeon as endangered under the Endangered Species Act (ESA); defense of a civil nuisance, negligence and trespass action for injunctive relief and civil tort actions for damages brought against timber industry and property owner on behalf of adjacent property owner for problems arising from storm water runoff; defense of an administrative and civil challenge for injunctive relief and legal damages against miner brought by adjacent landowners regarding a National Pollutant Discharge Elimination System (NPDES) permit; defense of corporate landowner against ownership of property claims based on adverse possession; negotiating consent decree with EPA on behalf of corporate client regarding alleged violations of CWA.

·        Environmental Aspects of Corporate Projects and Transactions - Due diligence and document negotiations related to the construction of electric generating station; due diligence and document negotiations related to the purchase and sale of chemical manufacturing facilities and a non-ferrous metal products manufacturing facility; review and counseling regarding issues arising under the CWA, CAA, CERCLA, RCRA, ESA, and National Environmental Policy Act (NEPA);counseling regarding Phase I and II environmental reports; negotiations with state agency regarding a corporation's participation in a state brownfields program; counseling and representation of corporations participating in Candidate Conservation Agreements with Assurances under the ESA; member of legal team representing corporation which sold 400,000 acres of land in Alabama.

·         Environmental Compliance - Counseling and administrative litigation on various aspects of CWA, CAA, and ESA compliance; representing and counseling a coalition of businesses, industries, developers, counties and municipalities regarding the development and implementation of total maximum daily loads (TMDLs); RCRA contaminated lands response and administrative representation; CERCLA release reporting obligations and representation.