Keith’s practice focuses on environmental and land use law, and commercial litigation.
He has guided clients through virtually every state program designed to address contaminated property, including Brownfields agreements, the Dry-Cleaning Solvent program, petroleum underground storage tanks and reimbursements, and voluntary cleanups under the state’s Inactive Hazardous Sites law.
He also represents both local governments and private parties in disputes over a variety of land use matters, including Superfund liability and other claims over responsibility for contamination, disputes among partners in development projects, and enforcement of zoning and other local land use restrictions. His litigation experience includes citizens suits, class action lawsuits, and litigation under the state Administrative Procedures Act over inter-basin water transfers and penalties and other enforcement actions initiated by state environmental authorities.
He has assisted developers and local governments with the planning, permitting and construction of a variety of projects, including solid waste recycling and disposal facilities, and compliance with the state Environmental Policy Act.
He has also represented clients on information technology contracts, and completed extensive training regarding electronic discovery.
Representative Experience
Obtain local franchise and zoning for construction and demolition recycling and disposal facility
Represented a waste-to-energy company in contract to assume county solid waste operations and to construct a material recovery facility
Defense verdict in litigation over failed landfill venture
Obtained $1.5M judgment in arbitration for minority investors in residential development dispute
Obtained judgment shutting down a racetrack in nuisance suit, after bench trial
General Electric Capital Funding Corp. v. Golden Corral Corp., 2001 U.S. App. Lexis 27344 (4th Cir. 2001) - Won summary judgment for franchisor who was sued by franchisee’s lender to recover franchisee’s debt.
Davis v. City of Mebane, 132 N.C. App. 500, 512 S.E.2d 450 - Successfully moved to strike opponent’s expert’s opinions and won summary judgment in flood case.
Successfully defended contractor in jury trial arising from lead paint abatement contract. (1996)
General Textile Printing and Processing Corporation v. City of Rocky Mount, 908 F. Supp. 1295 (EDNC 1995) - Won summary judgment for municipality in suit challenging constitutionality of profit margin in utility fees.
Overview of the North Carolina Environmental Policy Act, 2008
The 2006 Amendments to the Landfill Franchise Statute and the Pending Solid Waste Act of 2007, July 2007
Overview of Small Business Liability Relief and Brownfields Revitalization Act, 2004
Environmental Due Diligence in Evaluating Real Property for Acquisition, 2003
Legal Issues Facing Municipalities in North Carolina Regarding Public and Private Broadband Fiber Optic Systems and Cable and Telecommunications Services, 2001
Environmental Enforcement Through Citizens Suits, 1997
Case Studies and Lessons Learned from Environmental Phase 1 Litigation
read all representative experienceFirm Management Responsibilities
Keith is Chair of Poyner Spruill's Land Use, Utilities, Government, Environmental and Real Estate Section, and leads the Sustainability Practice Group and E-Discovery Team.