George C. Hopkins
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, D.C. 20037
Casey advises and represents clients in a wide variety of matters relating to environmental laws. In transactional contexts, he has structured allocations of liability in mergers and acquisitions, assisted clients in creative approaches to restructuring environmental requirements, and led the conduct of diligence and negotiations on environmental requirements in connection with asset sales and project financings within the United States and internationally.
In addition, he has advised clients on environmental issues in connection with securities offerings and private placements, and represented various companies in obtaining environmental approvals required for energy infrastructure projects. Casey has also defended environmental remediation claims, toxic tort lawsuits, civil and criminal cases related to alleged violations of environmental laws, and numerous administrative enforcement investigations and proceedings. Casey also advises companies on federal and state regulation of pipelines, bulk storage terminals and the supply of fuels.
Experience Highlights
Represented a company with hazardous liquids pipelines in resolving several PHMSA enforcement actions, disclosure of other violations, and outsourcing the operation and maintenance of pipelines
Represented a leading private equity group in the acquisition of 300,000-barrel-per-day crude oil refinery in Philadelphia, including in connection with obtaining groundbreaking environmental approvals from federal, state, and local governments
Obtained dismissal by trial court of Clean Air Act enforcement action against a former owner of a coal-fired power plant seeking extensive injunctive relief; Third Circuit Court of Appeals affirmed dismissal in unanimous 68-page opinion
Representing a manufacturer of processed biomass fuel in connection with the requirements of the North Carolina Environmental Policy and Coastal Management Acts, as well as environmental permitting related to the development of an export facility for low-carbon fuel used in energy production; representation included the analysis of the impacts and benefits of using lower carbon fuels on greenhouse gas emissions
Represented pipeline companies seeking to obtain FERC environmental approvals for several pipeline projects, including one that introduced natural gas into southwestern Virginia by crossing the Blue Ridge Parkway and Appalachian Trail
Represented a company with hazardous liquids pipelines in resolving several PHMSA enforcement actions, disclosure of other violations, and outsourcing the operation and maintenance of pipelines
Represented a pipeline company on various issues relating to fuel blending requirements under federal law
Represented the operator of an LNG liquefaction facility in various matters before PHMSA
Represented a leading private equity group in the acquisition of 300,000-barrel-per-day crude oil refinery in Philadelphia, including in connection with obtaining groundbreaking environmental approvals from federal, state, and local governments
Represented a leading private equity company in multiple acquisitions of pipeline and bulk storage businesses
Lead environmental diligence and risk allocation in connection with coal reserves and coal-mining operations in mergers and acquisitions, public offerings, private placements, and financings
Lead environmental diligence in mergers and acquisitions transactions involving solid waste landfill businesses
Represented issuers and underwriters with respect to environmental issues in connection with public offerings in coal, pipeline, maritime, and other industries
Negotiated environmental deed and indemnity allocating liabilities under law of Netherlands and EU directives for acquisition of a chemical plant in Holland
Negotiated environmental indemnity for acquisition of an electricity distribution company in South America and a compliance plan to address outstanding environmental requirements
Represented a major energy company on environmental issues associated with the construction of an energy plant in the Czech Republic
Represented a leading independent power producer on environmental issues associated with construction and multilateral financing of the first project-financed, merchant-power-plant in South America
Represented a major international lender on environmental issues regarding political risk guarantee for a significant greenfield project in Central America
Conducted due diligence on environmental liabilities and negotiated environmental indemnity for the sale of a petroleum and ammonia pipeline, and bulk storage MLP
Represented a leading energy company in connection with the acquisition of a merchant, gas-fired power plant in Southern California
Represented a leading energy private equity group in the acquisition of a significant natural gas production, transportation and storage business
Negotiated brokerage and related agreements for international carbon transactions on behalf of a leading U.S. private equity group looking to develop a carbon portfolio
Assisted clients with various aspects of international carbon transactions, including negotiating language for Emission Reduction Purchase Agreements and related agreements, and advising on the requirements to trade carbon credits in the EU
Advised a Fortune 50 U.S. company regarding requirements for registration of REDD projects
Advised a Fortune 50 U.S. company regarding CDM-eligibility requirements for energy efficiency projects
Advise companies regarding various regulatory compliance issues under EPA and DOT regulations, including fuels, pipeline, and motor carrier requirements, and represent companies before EPA and DOT regarding the same in connection with regulatory interpretations and voluntary disclosures
Advise issuers regarding Dodd-Frank requirements applicable to resource extraction issuers
Significant knowledge in environmental requirements applicable to exploration and production of oil and natural gas, midstream operations, and bulk storage facilities
Obtained dismissal by trial court of Clean Air Act enforcement action against a former owner of a coal-fired power plant seeking extensive injunctive relief; Third Circuit Court of Appeals affirmed dismissal in unanimous 68-page opinion
Defended a client against an NSR initiative against the sulfuric acid industry
Played a leading role in defending a joint federal and state investigation into an inland oil spill that entailed collection, review, and production of millions of documents, interviews of witnesses, meeting with prosecutors and preparation of presentations, and resolution of investigation on terms satisfactory to the client
Played a leading role in defending criminal prosecutions against a small business and reached favorable dispositions on them
Member of trial team in defending Clean Water Act penalty action and oil spill cost recovery claim; in pretrial settlement, United States dropped all claims for penalties and costs in exchange for client agreeing not to pursue its right to recover based on act-of-God defense
Defended EPA civil administrative enforcement action on behalf of a Fortune 100 client that was resolved by payment of less than 15 percent of the penalties that were initially sought
Defended state Clean Water Act enforcement action on behalf of a specialty chemical manufacturer in New Jersey that was resolved by payment of penalties for less than 10 percent of the amount originally assessed
Structured and implemented a multi-facility audit of environmental compliance for a Fortune 50 client leading to the voluntary disclosure of violations without any enforcement action being initiated by federal, state, or citizen groups
Defended a private arbitration arising out of the sale of a plant targeted in EPA’s New Source Review Initiative wherein the seller paid less than fifty cents on the dollar for costs of restoring plant to compliance
Played a leading role in a trial and appellate team that overturned a lower court decision holding a client liable for 20 percent of a $36 million site in a reported decision
Defended a Fortune 50 client in a CERCLA private cost recovery action involving seven sites in seven states with a potential liability exceeding $100 million by developing novel theories of economic benefit and culpability for the contamination; resolved on highly favorable terms involving a payout of 17 cents on the dollar, despite client’s ownership of many of the sites for as long as 75 years
Defended a CERCLA private cost recovery action on behalf of a Fortune 50 client involving a high-profile site in New York; through aggressive fact-finding and challenges to many of the costs at issue, resolved the matter for roughly 12 percent of the claimed costs despite its longstanding ownership of the site
Pneumo Abex Corp v. High Point, Thomasville & Denton R.R. Co., 142 F.3d 769 (4th Cir. 1998)
United States v. EME Homer City Generation L.P., 823 F. Supp. 2d 274 (W.D. Pa. 2011), aff’d 43 ELR 20194 (3d Cir. Aug. 21, 2013)
Credentials
- Boston College Law School, J.D., 1985
- Tufts University, B.A. cum laude, 1981
- Selected to the Lawdragon Green 500: Leaders in Environmental Law, 2023
- Lawdragon, Leaders in Environmental Law, 2024
- Legal 500 U.S., Environmental Litigation, 2013; Environment: Transactional, 2019–2023
Click here for Award Information & Methodology
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- New Jersey
- Pennsylvania
- District of Columbia
- InsightSeptember 4, 2024
V&E Environmental Update
- InsightSeptember 3, 2024
V&E Environmental Update
- Deals & CasesMay 31, 2024
- InsightMay 3, 2024
V&E Environmental Update
- InsightMay 1, 2024
V&E Environmental Update
- InsightFebruary 8, 2024
V&E Environmental Update
- InsightJuly 13, 2023
V&E Environmental Update
- InsightJune 28, 2023
V&E EPA Update
- Rankings & AwardsJune 12, 2023
- InsightMay 30, 2023
- Rankings & AwardsFebruary 3, 2023
- InsightJanuary 10, 2023
- InsightDecember 21, 2022
V&E Environmental Update
- InsightDecember 8, 2022
V&E Environmental Update
- Deals & CasesSeptember 21, 2022
- InsightSeptember 1, 2022
- InsightJune 22, 2022
- Rankings & AwardsJune 16, 2022
- InsightMay 13, 2022
V&E Environmental Update
- EPA Releases New Proposed Rule for Clean Water Act Hazardous Substance Worst Case Discharge PlanningInsightApril 6, 2022
- “MSW Energy Breakfast: Hydraulic Fracturing and Environmental Risk Management,” November 2, 2017 (speaker)
- “Not in the Interest of Disclosure: Trump White House Strikes Down Mineral Resource Disclosure Rule,” V&E Environmental & FCPA/Anti-Corruption Update E-communication, February 22, 2017 (co-author)
- “Trump Administration Acts to Reduce Regulations and Control Regulatory Costs,” V&E Environmental Law Update E-communication, February 9, 2017 (co-author)
- “Congress Uses Congressional Review Act to Strike Down Obama Administration Rules,” V&E Environmental Law Update E-communication, February 3, 2017 (co-author)
- “Trump Administration Acts to Advance Infrastructure Projects and Pipeline Development,” V&E Environmental Law Update E-communication, January 26, 2017 (co-author)
- “President Obama Signs New Pipeline Safety Law,” V&E Environmental Law Update E-communication, June 29, 2016 (co-author)
- “Landmark TSCA Reform Legislation Enhances Regulatory Consistency, Expands EPA,” V&E Environmental Law Update E-communication, June 23, 2016 (co-author)
- “EPA Announces Expanded National Enforcement Priorities For 2017-2019,” V&E Environmental Law Update E-communication, February 25, 2016 (co-author)
- “Aggregation Spells Trouble For Pa. Oil And Gas Cos.,” Law360, February 18, 2016 (author)
- “Pennsylvania Governor Announces Plan for Regulating Methane Emissions from the Oil and Gas Industry,” V&E Environmental Law Update E-communication, January 26, 2016 (co-author)
- “BLM Wants Royalties for Natural Gas Lost to Venting, Flaring, and Leaks on Federal Land,” V&E Environmental Law Update E-communication, January 26, 2016 (co-author)
- “EPA Proposed Rule Could Resurrect Confusing Test for Air Permitting,” Texas Lawyer, September 16, 2015 (co-author)
- “New Methane Regulations Proposed for the Oil and Gas Sector: What You Need to Know,” V&E Shale Insights — Tracking Fracking E-communication, August 26, 2015 (co-author)
- “High Court Overturns EPA Air Toxic Rule for Coal-Fired Power Plants,” V&E Environmental Law Update E-communication, June 30, 2015 (co-author)
- “EPA Hydraulic Fracturing Study Finds No Evidence of Widespread Systemic Impacts on Drinking Water Resources,” V&E Shale Insights — Tracking Fracking E-communication, June 11, 2015 (co-author)
- “New York to Ban Fracking in 2015,” V&E Shale Insights – Tracking Fracking E-communication, December 17, 2014 (co-author)
- “V&E Climate Change Report,” Special Issue: EPA’s Proposed Greenhouse Gas ESPS, September 2014 – Issue 22 (co-author)
- “Overcoming NEPA Challenges to Fracking Rules in the Delaware River Basin,” Bloomberg BNA Daily Environment Report, 2012 (co-author)
- “United States v. Bestfoods: The U.S. Supreme Court Sets New Limits on the Direct Liability of Parent Corporations for Polluting Acts of Subsidiaries,” ELR News & Analysis, Vol. XXIX
- “Implications of U.S. v. EME Homer City Generation,” Law360, November 10, 2011 (co-author)