Harrison Law, LLC

Biography

Andrew J. Harrison, Jr. is the firm’s Managing Member representing business and industry and providing services and strategic solutions on challenging environmental issues.  Mr. Harrison provides compliance counseling in a myriad of environmental areas, including, facility permitting, air emissions and wastewater discharges, solid and hazardous waste, wetlands, endangered species, Exploration and Production Wastes, Naturally Occurring Radioactive Materials (“NORM”), underground storage tanks, underground injection, risk assessment and remediation, risk management and acquisitions and divestitures.  He also defends industrial facilities in enforcement and permit actions and defends and prosecutes cost recovery litigation under CERCLA and the Louisiana Environmental Quality Act.  In addition, Mr. Harrison also handles actions related to oilfield sites, commonly referred to as legacy litigation.

Mr. Harrison is widely noted for his representation of ecological services companies, including wetlands mitigation banking and carbon sequestration.

Representative clients include multi-national aluminum manufacturers, ammonia manufacturers and terminals, ecological services companies, electric utilities, carbon anode manufacturers, coke calciners, crude oil terminals, exploration and production waste companies, solid waste landfills, solid waste recyclers, local and national developers and numerous wetlands mitigation banks.

Mr. Harrison holds an AV® Peer Review Rating in Martindale-Hubbell.  CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.  Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary.  Martindale-Hubbell Ratings fall into two categories—legal ability and general ethical standards.

Representative Experience

Air

• Successfully negotiated Title V or minor source air permits for all NRG facilities in Louisiana, including Title V and PSD permits for NRG Energy, Inc. a proposed new 675 megawatt coal fired unit at Big Cajun II
• Successfully negotiated Title V permits for several major source manufacturing facilities, including obtaining a one of a kind Alternative Operating Scenario
• Negotiated favorable resolutions of several significant enforcement actions involving NSR look backs, unpermitted emission sources and emissions exceedances, among others
• Successfully defended a crude oil terminal in an enforcement action related to major source air permitting issues and emissions exceedances
• Obtained a favorable outcome in the first litigation in the United States related to carbon sequestration credits
• Represent one of the first carbon funds in the United States
• Provide counsel on carbon sequestration to several large landowners
• Prepared IT analyses / environmental assessments for applicants for major source permits

Wastewater

• Defended a manufacturing facility in a CWA citizen’s suit and state-lead enforcement action with a favorable outcome
• Successfully negotiated and/or defended multiple LPDES permits

Wetlands

• Successfully defended and/or settled numerous CWA §404 enforcement actions
• Successfully defended several environmental organization challenges to CWA §404 and CWA §401 Water Quality Certifications for major developments and dredging operations
• Prepared numerous Responses to Public and Agency Comments and Needs and Alternatives Analyses for CWA §404 permit applicants as well as IT Analyses / environmental assessments for CWA §401 Water Quality Certifications
• Established and/or managed numerous new wetlands mitigation banks
• Negotiated and obtained CWA §404 and Coastal Zone permits and CWA §401 certification for the 400+ acre Fremaux Development in Slidell, Louisiana
• Developed and obtained authorization of a 322 acre wetlands mitigation project to offset impacts of the Fremaux Development
• Developed and obtained authorization of a 2,241 acre wetlands mitigation project to offset the impacts of an Entergy power line
• Negotiated and obtained CWA §401 certification and CWA §404 permit for the 300 acre Creekstone Juban Crossing development in Livingston Parish, Louisiana
• Counseled on numerous additional issues for wetlands permitting, including endangered species, natural and scenic rivers, archaeological and cultural aspects

Wastes

• Obtained landfill permits for facilities with significant citizen opposition
• Successfully defended solid waste permit issued for a new landfill
• Defended an Environmental Justice complaint filed with the U.S. Environmental Protection Agency against a landfill with favorable outcome
• Defended enforcement actions against a landfill with a favorable resolution
• Permitted several Exploration and Production (“E&P”) facilities
• Providing support on numerous issues related to wastes generated in addressing the Deepwater Horizon Oil Spill
• Provided counseling on several public hearings and meetings

Due Diligence

• Performed environmental due diligence on numerous acquisitions and provided workout of environmental issues, including inadequate permitting and violations
• Examples of due diligence projects include acquisition of aluminum company, E&P waste facilities and various manufacturing facilities

Remediation

• Defended and/or prosecuted cost recovery actions brought under CERCLA and the Louisiana environmental Quality Act with favorable outcomes
• Counseled several companies on various remedial sites, including operating and legacy industrial sites, legacy oilfield sites, closed landfills, UST sites, NORM sites and others
• Counseled operating industrial facility on PCB remediation and disposal issues
• Counseled operating pipeline company on metering sites with mercury contamination

Endangered Species

• Oversight of endangered species surveys for wetlands permits
• Assisted in the establishment of the Bayou Teche National Wildlife Refuge which focuses on conservation of the Louisiana Black Bear

Emergency Response

• Advise facilities on emergency reporting obligations under various statutes
• Assist companies providing response actions after Hurricanes Katrina and Gustav with all environmental compliance and business issues
• Assist response and E&P companies on response and waste treatment related to the Deepwater Horizon oil spill

Rulemaking

• Prepared and submitted comments to the U.S. Environmental Protection Agency on the Centralized Waste Treatment Rule proposals on behalf of an E&P company and obtained favorable changes for the final rule
• Prepared and submitted comments on Louisiana Department of Environmental Quality rule on opacity, including startup and shutdown issues

Reported Decisions

• Consolidated Aluminum Corp. v. Alcoa Inc., No. 03-1055-C-M2, 2006 U.S. Dist. LEXIS 66642, July 19, 2006.
• Denham Springs Economic Dev. Dist. v. All Taxpayers, Property Owners, 2004-1674 (La. 2/4/2005), 894 So.2d 325; 2005 La. App. LEXIS 2018 (La. App. 1 Cir., Aug. 25, 2005).
• Bayou Liberty Ass’n, Inc. v. U.S. Army Corps of Engineers, 217 F.3d 393 (5th Cir. 2000), 30 ELR 20757.
• Bayou Liberty Ass’n, Inc. v. U.S. Army Corps of Engineers, 1999 U.S. Dist. LEXIS 333 (E.D. La., Jan. 5, 1996).
• Bayou Liberty Ass’n, Inc. v. U.S. Army Corps of Engineers, 29 Envtl. L. Rep. 20258, 1998 U.S. Dist. LEXIS 18176 (E.D. La., Nov. 13, 1998).
• In re Natural Resources Recovery, Inc., 752 So. 2d 369 (La.App. 1 Cir. 2/18/2000), writ denied, 762 So. 2d 1104 (La. 2000) and, writ denied, 762 So. 2d 1105 (La. 2000) and (19th JDC, No. 446408, Division “H”, case dismissed on remand, Nov. 20, 2000).
• Save Our Wetlands, Inc. v. Conner, 31 Envtl. L. Rep. 20010 (E.D. La., July 20, 2000).
• Save Our Wetlands, Inc. v. Conner, No. 98-3625, 1999 U.S. Dist. LEXIS 17424 (E.D. La., Nov. 8, 1999).
• United States v. TMG Enterprises, Inc., 979 F.Supp. 1110 (W.D. Ky. 1997).

Publications

• Adjacency from Riverside Bayview to Rapanos, 22 Natural Resources & Environment 17 (2007), co-authored with Arnold W. Reitze, Jr.
• Underground Injection Control Program, La. Envtl. Handbook, Chapter 12, 2001 (co authored with David C. Bach).
• Corps Says a Home Is Still a Castle, Even in Wetlands, La. Envtl. Compliance Update, October 1995, at 6.
• New EPA Guidance on Purchaser Protection, La. Envtl. Compliance Update, July 1995, at 1; Fla. Envtl. Compliance Update, August 1995, at 2.
• New Louisiana Air Permit Regulations, No Breeze, La. Envtl. Compliance Update, March 1995, at 1.
• Protection of Wetlands at Superfund Sites, La. Envtl. Compliance Update, December 1994, at 1.
• A Primer on Hazardous Materials Transportation Law of the 1990s: The Awakening, 22 Envtl. L. Rep. (Envtl. L. Inst.) 10,583 (1992) (co authored with Stan Millan).
• An Analysis of Health Effects, Economic Consequences and Legal Implications of Human Exposure to Indoor Air Pollutants, 37 S.D.L. Rev. 289 (1992).
• Cost Recovery by Private Parties Under CERCLA: Planning a Response Action for Maximum Recovery, 27 Tulsa L.J. 365 (1992) (co authored with Arnold W. Reitze and Monika J. Palko).