Raleigh

Direct:  919.783.1035

Fax:  919.783.1075

LL.M., Duke University, 1986

J.D., Vanderbilt University, 1980

M.A., Boston University, 1978

B.A., Duke University, 1970

Environmental law counseling and representation:

• Rick has helped clients grapple with environmental issues since 1984 and he has concentrated his practice in that field since 1990, when he litigated numerous controversies associated with the siting of a radioactive waste disposal facility for the southeast. Since the mid-1990’s, he has been the firm’s point lawyer for Clean Air Act issues, and has also assisted clients with issues under federal and state programs regulating water quality, hazardous wastes, underground storage tanks, and the transportation of hazardous materials. Recently, he has been particularly engaged in urban redevelopment issues and agricultural air emission issues.

Attorney professional responsibility issues:

• In recent years Rick has developed a practice counseling and representing other attorneys and their insurers with respect to ethical and professional negligence issues.

Representative Experience

Three-year intensive representation of State agency tasked with siting multi-State waste regional disposal facility.  Extensive litigation and counseling experience in constitutional, statutory, and regulatory issues associated with siting and operation of such a facility.

Cases of Note

Yoder et. al. v. Nifong et. al. (N.C. Business Court, 2007)

• Successful defense of corporate counsel in shareholders' derivative action.

Lee v. Wike (Superior Court, Alexander County, N.C., 2005)

• Obtained jury verdict for national poultry producer against litigants seeking injunction on nuisance and trespass theories and claiming extensive personal injuries based on endotoxin exposure.

Porter v. Carolina Blue Land Investments, LLC (N.C. Business Court, 2004)

• In multi-party dispute over issues of first impression concerning nature and duration of ownership rights in North Carolina limited liability company, counsel for attorney who created LLC and drafted papers providing for future governance.

State of North Carolina v. W. R. Peele, Sr., Trust (U.S. District Court, Eastern District of N.C., 1994-present)

• In multi-party litigation and subsequent administration of settlement requirements, counsel to post-disposal buyer of property containing undisclosed pesticide waste pit.

US EPA v. ABC One-Hour Cleaners, Inc. (administrative settlement, 1998-2001)

• In EPA cost recovery claim, counsel for owners and operators of dry cleaning facility alleged to have contaminated municipal drinking water supply at neighboring military installation, a claim receiving national media attention.

Strand v. E.I. Du Pont and Co. (U.S. District Court, Eastern District of N.C., 2004)

• Counsel to defendant ABC One-Hour Cleaners, Inc., in successful defense against toxic tort claims brought by persons claiming injury through ingestion of contaminated drinking water.

Clayton v. Stephens (U.S. District Court, Eastern District of N.C.; Superior Court, Orange County, N.C., 1997-98)

• Counsel for chemical distributor in obtaining federal and state judicial sanctions against filer of frivolous citizen suits.

Durham Herald Co., Inc. v. North Carolina Low-Level Radioactive Waste Management Authority (N.C. Court of Appeals, 1993)

• In case of first impression, counsel for State agency successfully asserting that documents generated by private-sector State contractors are not subject to public records disclosure requirements until actual delivery to the agency.

Carolina Solite Corporation v. Stanly Citizens Opposed to Toxic Waste Hazards, Inc. (Superior Court, Stanly County, N.C., 1997)

• Counsel for plaintiff hazardous waste recycler in action to enforce settlement terms of previous citizen suit.

Professional/Community Activities

Advisory Member, Ethics Committee, North Carolina Bar, 2002-present

Member, Disciplinary Hearing Commission, 2004 - present

North Carolina Bar Association

• Administrative Law Section (Council Member, 2000-06)

• Environmental Law Section (Council Member)

• Dispute Resolution Section

Member, Carolinas Air Pollution Control Association, 1993-present

Board of Directors, North Carolina Association of Launderers and Cleaners

Board of Directors, Charlotte Civic Orchestra 2001-06

Notable Accomplishments

Profiled in National Law Journal, April 2002

Recognized in Business North Carolina Magazine's "Legal Elite," 2005, 2006

Publications

Co-author, “The Law of Attorney Professional Liability in North Carolina,” The Defender, Summer 2007

General editor and principal contributing author, North Carolina Evidence (West Group 1998)

Contributing author, Practice Commentaries - Federal Rules of Civil Procedure (National Institute for Trial Advocacy, 2001)

Author, "Prosecuting International Terrorists in United States Courts," 12 Yale Journal of International Law 294 (1987)

Prior Legal Experience

Lieutenant Colonel, United States Marine Corps, Retired (active duty 1970-90)

• Deputy Legal and Legislative Counsel to Chairman, Joint Chiefs of Staff

• Assistant Staff Judge Advocate (for operational issues) to Commandant of the Marine Corps

Jurisdictions Licensed

North Carolina, Tennessee