James B. Slaughter. Principal 1350 I Street, N.W. Suite 700 Washington, DC (T) (202)

Transcription

1 James B. Slaughter Principal 1350 I Street, N.W. Suite 700 Washington, DC (T) (202) jslaughter@bdlaw.com EDUCATION Yale University (B.A., 1982) Columbia University (J.D., 1987; Columbia Journal of Law and Social Problems, Articles Editor) BAR ADMISSIONS & MEMBERSHIPS Virginia District of Columbia U.S. Courts of Appeals: Fourth Circuit; D.C. Circuit; Ninth Circuit U.S. District Courts: District of Columbia; Eastern District of VA ; Western District of VA American Bar Association Environmental Law Institute Defense Research Institute National Association of Criminal Defense Lawyers Water Environment Federation National Association of Clean Water Agencies National Waste & Recycling Jimmy Slaughter has a national practice in environmental, toxic tort and constitutional litigation. Recent accomplishments include securing a unanimous win in the Pennsylvania Supreme Court defeating toxic tort claims, Gilbert v. Synagro Central, 131 A.3d 1 (Pa. 2015) and a plaintiffs judgment after a two week trial on constitutional challenges to a voter initiative banning land application of biosolids, City of Los Angeles v. Kern County, 2017 WL (Tulare Co. Cal. Super. Ct. 2017). Mr. Slaughter also scored three wins on preemption claims in 2013 and 2014 before the California Court of Appeal and the Washington Court of Appeals involving solid waste issues. Mr. Slaughter has tried numerous jury and bench trials and argued cases before many federal and state appellate and trial courts across the country, including the California, District of Columbia, Pennsylvania and Virginia supreme courts. See, e.g., Cormier v. D.C. WASA, 2011 WL , 84 A.3d 492 (D.C. 2013) (trial win and appellate affirmance, defeating tort claims of corrosive drinking water). Mr. Slaughter is recognized as a leader in litigation involving drinking water, wastewater and biosolids over the last twenty years. His representation of cities, farms, contractors, and trade associations on waste issues spans toxic tort, enforcement defense, and complex constitutional and administrative law issues regarding competing federal, state and local authority. Mr. Slaughter speaks regularly at meetings of the Water Environment Federation, its state affiliates, and the National Association of Clean Water Agencies. He works with the country s top hydrogeologists, microbiologists and fate and transport experts to defend his clients in the courts and before agencies. Toxic tort defense is a significant part of Mr. Slaughter's practice, including defense of wrongful death, serious personal injury and nuisance claims. He has handled the country s most significant cases involving alleged public health impacts from land application of biosolids and from allegations of lead in drinking water. Mr. Slaughter regularly and successfully challenges plaintiffs medical and causation experts under Daubert and Frye. Mr. Slaughter is nationally recognized for his success in preemption and commerce clause challenges to discriminatory and burdensome local legislation. Mr. Slaughter led a coalition of electronics trade groups and manufacturers in challenging the constitutionality of New York City's recycling and product-take back mandates. After Mr. Slaughter filed a motion for preliminary injunction, the City agreed to stay implementation

2 Association Virginia Bar Association Virginia Association of Defense Attorneys Virginia Bar Association Environmental Council Fairfax Bar Association Fellow, Litigation Counsel of America of the law. He also led the successful efforts of the City of Los Angeles to overturn a local ban on the City s use of its biosolids on California farmland as a fertilizer on Commerce Clause and other constitutional grounds. Superfund litigation is a major part of Mr. Slaughter's docket and he has defended and prosecuted CERCLA claims around the country. Since joining Beveridge & Diamond, Mr. Slaughter has led several PRP Group representations and won a major successor liability ruling in Pfohl Brothers Landfill Site Steering Committee v. Allied Waste, 255 F. Supp. 2d 134 (W.D.N.Y. 2003). Mr. Slaughter's CERCLA practice focuses on complex, expert-driven liability and allocation issues in litigation, arbitration and mediation settings. He has overcome repeatedly the common challenge in CERCLA cases of proving liability for hazardous waste disposal from generations ago. Mr. Slaughter also litigates and arbitrates cases under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), focusing on the defense of the rights of data owners against follow-on registrants of pesticides. He was co-counsel with other Beveridge & Diamond Principals in the landmark case of Cheminova A/S v.griffin L.L.C., 182 F. Supp. 2d 68 (D.D.C 2002), which underscored that data compensation awards pursuant to FIFRA s mandatory arbitration scheme are fully enforceable in court. Mr. Slaughter joined Beveridge & Diamond after three years as an Assistant and Senior Assistant Public Defender in Fairfax County, Virginia. While with the Public Defender's Office, Mr. Slaughter successfully defended against a capital murder indictment in Commonwealth v. Reed. Before joining the Public Defender's Office, Mr. Slaughter clerked for the Honorable James Sprouse of the United States Court of Appeals for the Fourth Circuit. Mr. Slaughter is active in the ABA Section of Litigation, the Defense Research Institute, the National Waste & Recycling Association (NW&RA), the National Association of Clean Water Agencies (NACWA), and the Water Environment Federation (WEF). He speaks and writes frequently on litigation and environmental law topics. He currently serves on the program committee for the Defense Research Institute Toxic Tort and Environmental Law Seminar, is Co-Chair of the Mass Environmental/Toxic Torts Subcommittee of the Environmental

3 Litigation Committee of the ABA Litigation Section, and is the past Co-Chair of the Water Subcommittee and RCRA Subcommittee. Mr. Slaughter holds an AV rating from Martindale rated by peers and members of the judiciary, is recognized by Law Business Research in Who's Who Legal: Environment , and has been selected for inclusion in Super Lawyers editions REPRESENTATIVE MATTERS Recent significant reported cases tried or argued by Jimmy Slaughter: NRDC v. EPA, --F.Supp.3d--, 2018 WL (D.D.C. 2018) Complete Lawn Care, Inc. v. Montgomery County, Maryland, 2017 WL (Mont. Co. Md. Cir. Ct.) City of Los Angeles v. Kern County, 2017 WL (Tulare Co. Cal. Super. Ct. 2017) Barkley v. DC Water, 2016 WL (D.C. Super. Ct. 2016) Gilbert v. Synagro, 131 A.3d 1 (Pa. 2015) Barkley v. DC Water, 2015 D.C. Super. LEXIS 8 (D.C. Super. Ct. 2015). SPRAWLDEF v. San Francisco Bay Conservation and Development Commission, 172 Cal. Rptr.3d 110 (Cal. Ct. App. 2014) Gilbert v. Synagro, 90 A.3d 37 (Pa. Super. Ct. 2014), appeal granted, 101 A.3d 1149 (Pa. 2014) Washington Department of Ecology v. Wahkiakum County, 337 P.3d 364 (Wash. App. 2014), review denied, 347 P.3d 459 (Wash. 2015) City of Los Angeles v. Kern County, 328 P.3d 56 (Cal. 2014) Northern California Recycling Association v. County of Solano, 2014 WL (Cal. App. 2014) Sierra Club v. Solano County, 2013 WL (Cal. App. 2013) Cormier v. D.C. Water and Sewer Authority, 84 A.3d 492 (D.C. 2013) City of Los Angeles v. Kern County, 154 Cal.Rptr.3d 122 (2013) Gilbert v. Synagro, 2012 WL (York Co. Ct. Comm. Pleas 2012). Cormier v. D.C. Water and Sewer Authority, 2011 WL , 139 DWLR 2157 (D.C. Super. Ct. 2011) Potrero Hills Landfill, Inc. v. Solano County, 657 F.3d. 876 (9th Cir. 2011) Cormier v. D.C. Water and Sewer Authority, 2011 D.C. Super. Lexis 2 (D.C. Super. Ct. 2011) City of Los Angeles v. Kern County, 560 U.S.939 (2010) (denying

4 certiorari) NL Industries, Inc. v. Halliburton Co., 2010 U.S. Dist. Lexis (W.D.N.Y. 2010) Hardin v. Jackson, 625 F.3d 739 (D.C. Cir. 2010) City of Los Angeles v. Kern County, 581 F.3d 841 (9th Cir. 2009) Hardin v. Jackson, 648 F. Supp. 2d 42 (D.D.C. 2009) Cormier v. District of Columbia Water and Sewer Authority, 2009 D.C. Super. Lexis 1 (D.C. Super. Ct. July 27, 2009) Hardin v. EPA, 600 F. Supp. 2d 13 (D.D.C. 2009) Wyatt v. Sussex Surry LLC, 2007 Va. Cir. Lexis 182 (Surry Co., Va. Cir. Ct. November 2, 2007) City of Los Angeles v. Kern County, 2007 U.S. Dist. Lexis (C.D. Cal. Oct. 25, 2007) City of Los Angeles v. Kern County, 509 F. Supp. 2d 865 (C.D. Cal. 2007) Wyatt v. Sussex Surry LLC, 482 F. Supp. 2d 740 (E.D. Va. 2007) City of Los Angeles v. Kern County, 462 F. Supp. 2d 1105 (C.D. Cal 2006) City of Los Angeles v. Kern County, 2006 WL (C.D. Cal. Oct. 24, 2006) SRM Chemical Ltd. v. Federal Mediation and Conciliation Service, 355 F. Supp. 2d 373 (D.D.C. 2005) Synagro v. Rush Township, 299 F. Supp. 2d 410 (M.D. Pa. 2003) O Brien v. Appomattox County, 293 F. Supp. 2d 660 (W.D. Va. 2003) O Brien v. Appomattox County, 2003 WL (4th Cir. 2003) Pfohl Brothers Landfill Site Steering Committee v. Allied Waste Systems, Inc., 255 F. Supp. 2d 134 (W.D.N.Y. 2003) Pfohl Brothers Landfill Site Steering Committee v. Browning-Ferris Industries of New York, Inc., 221 F. Supp. 2d 406 (W.D.N.Y. 2002) O Brien v. Appomattox County, 213 F. Supp. 2d 627 (W.D. Va. 2002) Synagro v. Rush Township, 204 F. Supp. 2d 827 (M.D. Pa. 2002) Cheminova A/S v. Griffin L.L.C., 182 F. Supp. 2d 68 (D.D.C. 2002) PRESENTATIONS DRI Toxic Torts and Environmental Law Seminar, CSI Nashville: Environmental Forensics (Nashville, TN, March 2018) Water Environment Association of Texas Biosolids and Odor Conference, The Law of Biosolids: Litigation and Regulation Regarding Land Application Across the U.S. (San Marcos, TX, August 2017)

5 WasteExpo 2017, OSHA Enforcement and the Waste Industry: Trends, Policies, and the Trump Administration; Update on Landfill Nuisance Cases (New Orleans, LA, May 2017) Boston Bar Association, Regulation and Litigation of Emerging Contaminants PFAS and 1-4 Dioxin (Boston, MA, April 2017) WEF Residuals and Biosolids Conference 2017, Biosolids on Trial: Reflections on the Kern County Case and Legal Update (Seattle, WA, April 2017) U.S. Composting Council Conference & Tradeshow, The Legal Landscape for Compost: Opportunities and Obstacles (Los Angeles, CA, January 2017) California Association of Sanitation Agencies Winter Conference, Biosolids on Trial: Reflections on the Kern County Case (Palm Spring, CA, January 2017) "Defending Citizen Suit Enforcement of Environmental Laws: Key Questions and Practical Strategies," ABA Section of Environment, Energy, and Resources Committee Program Call (May 2016) National Association of Clean Water Agencies, Biosolids Committee Litigation Update (January 2016) WEF/IWA Residuals and Biosolids Conference 2015, Biosolids in the Courts and the Legislatures (June 2015) Virginia Bar Association 125th Annual Meeting, Experts: The Environmental Case (Williamsburg, VA, January 2015) National Association of Clean Water Agencies, National Clean Water Law Seminar, Biosolids Law Update (St. Pete Beach, FL, November 2014) WEFTEC 2014, The Law of Biosolids: Clearing the Way for Beneficial Use (New Orleans, LA, October 2014) National Association of Clean Water Agencies Hot Topics in Clean Water Law, Land Application of Biosolids and Rural Environmental Justice (webinar, September 2014) Environmental Bankers Association, Environmental Law Update:

6 Topics and Developments 2014 (webinar, March 2014) Strafford National Webinar, Solving the CERCLA Statute of Limitations and Preemption Puzzles: Lessons From Recent Decisions for Timing in Superfund and Environmental Litigation (webinar, March 2014) California County Counsels' Association, Commerce Clause and Preemption Update (Monterey, CA, 2013) Law Seminars International, Statutes of Limitation and Repose in Environmental Litigation (National TeleBriefing, 2013) Northwest Biosolids Management Association, Protecting Land Application in the Pacific Northwest and Beyond (Lake Chelan, WA, 2013) Mid-Atlantic Biosolids Association, Torts and Preemption Update (Lancaster, PA, 2013) Water Environment Association of Texas Keynote Address (San Marcos, TX, 2013) Water Environment Federation, Biosolids Law Update (Nashville, TN, 2013) Environmental Law Institute, Superfund Cost Recovery and Contribution: What to Expect After Atlantic Research & Aviall National Association of Clean Water Agencies Annual Law Seminar 2011 Northeast Biosolids and Residuals Association Annual Meeting 2011 California Association of Sanitation Agencies Annual Meeting 2010, Measure E From North to South: Constitutional Limits on Local Regulation of Waste Biosolids 2010, Mastering the Legal Landscape for Land Application and Beneficial Use ALI-ABA Clean Water Act: Law and Regulation 2009 National Association of Clean Water Agencies Law Seminar 2008, Defending Beneficial Use: Local Ordinances and Tort Lawsuits

7 Virginia Biosolids Council December 2008 Biosolids Legal Update Residuals and Biosolids 2008, Traditions, Trends, and Technologies Biosolids Law, 2007 Update Residuals and Biosolids Management Conference 2007