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Stephen E. O'Day
Partner / AtlantaStephen E. O’Day is Partner and Head of the Environmental Law, Energy, and Sustainability Practices at Smith, Gambrell & Russell, LLP.
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Full Bio
Mr. O’Day heads SGR’s Environmental, Energy and Sustainability Practice Groups. The Environmental Practice Group handles all aspects of traditional environmental legal issues and OSHA compliance. The Energy Practice Group assists clients with energy acquisitions, development and procurement, for all kinds of energy sources. SGR’s Sustainability Practice Group provides focused legal advice and representation to companies and entities regarding sustainability initiatives, sustainable businesses and business practices, renewable energy, business issues, planning, and litigation.
Mr. O’Day handles environmental and energy litigation, consultation and negotiations. He advises clients in connection with the full range of environmental issues, including National Pollutant Discharge Elimination System (NPDES) permits and Clean Water Act compliance, Clean Air permits and compliance, Resource Conservation and Recovery Act permitting and compliance including solid and hazardous waste treatment, disposal and cleanups, Superfund cleanups and litigation, toxic tort claims, Federal Insecticide, Fungicide and Rodenticide Act permitting and compliance, Toxic Substances Control Act compliance, OSHA compliance, water law and other environmental matters. He handles administrative proceedings at state and federal levels in connection with issues ranging from usage of real property to compliance with federal and state environmental and safety laws. He represents clients in litigation across the country involving environmental matters such as toxic tort litigation, nuisance litigation, hazardous waste cleanups, including sites both on and off the NPL, Clean Water Act citizen suits and compliance litigation, facilities compliance with the Resource, Conservation and Recovery Act, mold litigation, landfill issues and OSHA citation appeals and whistleblower proceedings.
He also assists clients in environmental issues in real property acquisition and development, and the development, acquisition and sale of manufacturing, energy, solar, wind, landfill gas, biomass and hydro energy, and other entities and projects.
Mr. O’Day is a frequent speaker at seminars concerning sustainability, environmental liability and compliance and risk management. He has been selected for inclusion in Georgia Super Lawyers and Chambers USA: America’s Leading Lawyers for Business in the area of environmental law since the inception of those lists. He has been named as a Best Environmental Lawyer in Corporate Counsel magazine and recognized as one of The Best Lawyers in America® in environmental law.
Mr. O’Day has received the Award for Service to the Profession of Environmental Law presented by the State Bar of Georgia, Environmental Law Section; has received the Chattahoochee Riverkeeper’s highest honor, the River Guardian Award, for years of community service in protecting the river that provides Metropolitan Atlanta’s water supply, as well as the James S. Dockery, Jr. Southern Environmental Leadership Award, and the Ogden Doremus Award for Excellence in Environmental Law.
Mr. O’Day is now serving on the Boards of the Southeast Energy Efficiency Alliance, the Greenhouse Accelerator, the Southern Environmental Law Center, the Chattahoochee Riverkeeper, and the Southern Property Rights Council. He is active in the Litigation, Environment, Energy and Resources, and Tort Trial and Insurance Practice Sections of the American Bar Association.
Mr. O’Day served as Chairman of the Environmental Advisory Council for Georgia’s Lieutenant Governor for eight years and on an Advisory Committee to the Georgia Pollution Prevention Assistance Division. and the Governor’s Rivercare 2000 Task Force. He also served on the State of Georgia’s Solid Waste Planning Task Force, on the Atlanta Chamber of Commerce’s Water Quality Task Force and as Chairman of the Solid Waste Task Force. He led the Environmental Collaborative of the Atlanta Regional Commission’s award-winning Vision 2020 planning effort. He teaches environmental law as a part-time instructor at the Georgia Institute of Technology.
He studied Civil Engineering at the Georgia Institute of Technology and earned a B.A. degree, summa cum laude, in Political Science from Furman University. He received his J.D. degree, cum laude, from Harvard Law School. While at Harvard, Mr. O’Day served as Chairman of the Harvard Environmental Law Society.
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Representative Experience
- Representation of company as alleged PRP at Superfund site in Texas
- Removal and conveyance of potential waste materials from rental tanks in New York rented by bankrupt company
- Representation of company regarding alleged air pollution issues at facility in Virginia
- Acquisition of brownfield facilities in Georgia and enrollment in State Brownfield program
- Defense of alleged labeling violations by Consumer Product Safety Commission, and of class action claim alleging violations of Federal Hazardous Substance Act
- Acquisition and development of utility scale solar project in North Carolina, including acquisition agreement, consulting and EPC, PPA and Interconnection agreements with utility
- Numerous electricity, natural gas, and fuel supply agreements and acquisition of energy projects across the country
- Representation of golf club in Johns Creek, Georgia concerning acquisition of irrigation water
- Acquisition and development of landfill gas to energy project in West Virginia, including agreements relating to consulting, EPC, interconnection with utility, and sale of power
- Representation of solar company in Georgia in development of dozens of solar projects providing energy to customers under Georgia’s Solar Power Free-Market Financing Act of 2015
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Bar Admissions
Georgia
U.S. District Court Northern Districts of Georgia
U.S. District Court Middle District of Georgia
U.S. District Court Southern District of Georgia
U.S. District Court Eastern District of Michigan
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. Court of Federal Claims
U.S. Supreme Court -
Education
Undergraduate- Furman University
Law School- Harvard University
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Memberships
Metropolitan Atlanta Chamber of Commerce
Southern Environmental Law Center
Upper Chattahoochee Riverkeeper
Leadership Atlanta
Midtown Alliance – Greenprint Midtown, Executive Advisory Council
Southeast Rainwater Harvesting Systems Association Board
Green Chamber of the South Foundation Board
Litigation, Environment, Energy and Resources, and Tort Trial and Insurance Practice Sections, American Bar Association
Georgia Property Rights Council -
Recognitions
Chambers USA, Environment, Georgia (2009-2025)
Georgia Super Lawyers, Environmental Law
The Best Lawyers in America®, Energy Law; Environmental Law; Litigation - Environmental, Atlanta (2006-2026)
Upper Chattahoochee Riverkeeper River Guardian Award
Southern Environmental Law Center James S. Dockery, Jr. Southern Environmental Leadership Award
Ogden Doremus Award for Excellence in Environmental Law
Award for Service to the Profession of Environmental Law presented by the State Bar of Georgia, Environmental Law Section
Georgia Trend magazine - Legal Elite
Best Environmental Lawyer - Corporate Counsel -
Publications and Speaking Engagements
Quoted, “Trump’s DOE pick battled climate rules in the courts,” E&E News, December 6, 2024
Quoted, “Georgia Power Getting Into Solar Panel Financing Business,” Atlanta Progressive News, June 26, 2015
Quoted, “Updated: Georgia Power Moving Into Rooftop Solar Market This Summer,” IndustryDive, May 28, 2015
Presenter – “Beyond Compliance: How Businesses Address Environmental Compliance Through Sustainability,” Georgia Tech Business School’s class: Business Strategies on Sustainability, January 23, 2013.
Georgia Gets More Time to Work On Water Conservation, But Water Wars Not Over,” Atlanta Business Chronicle’s “Saporta Report.”
“Managing the Transition under OSHA’s Updated Hazard Communication Standard,” Georgia Forestry Today, June 2014.
Presenter – 2012 Heathcare Design Conference, November 2-6, 2012
Presenter – GAWP 2012 Annual Conference & Expo, Savannah, Georgia, July 16, 2012
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SGR Publications
- Partner Stephen O’Day Featured by The Atlanta Journal-Constitution: Why toxic substance lawsuits are so hard to win
- Partner Stephen O’Day Featured by ESG Dive: SEC withdraws defense of climate-risk disclosure rule
- Partner Stephen O’Day Featured by Bloomberg Law: EPA to Face Water Permit Staff Hurdles to Comply with High Court
- Partner Stephen O’Day Featured by ESG Dive: CSDDD is a ‘non-tariff barrier’ for US companies: House Financial Services Chair
- Partner Stephen O’Day Featured by ESG Dive: The SEC has requested to delay climate rule arguments. What’s next?
- Partner Steve O’Day Featured by InsuranceNewsNet: How will SCOTUS Chevron ruling impact DOL’s fiduciary rule?
- Partner Steve O’Day Featured by E&E News: SEC climate disclosure rule faces legal gantlet
- Partner Steve O’Day Featured by Pensions & Investments: Too much or not enough? SEC can’t seem to win with climate disclosure rule
- Third Circuit Reverses EPA “Reactivation” Policy for PSD
- EPA Eliminates “Emergency” Defenses to CAA Violations
- OSHA Issues Heat Hazard Alert and Steps Up Enforcement
- EPA Criticized for Slow Response to WOTUS Ruling
- EPA Proposes Reforms to New Chemicals Review Under TSCA
- OMB Clears Hurdle for Regulation of Coal Ash Landfills
- Future of “Durable” WOTUS Rule in Doubt
- Lawsuit Challenges USFS CWA Permits for Aerial Firefighting
- Bill Introduced in the House to Finance Utilities’ LSL Replacement Efforts
- EPA Publishes Draft “Cumulative Risk” Assessment Procedures Under TSCA
- EPA Proposes Strict Clean Water Act Treatment Technology for Coal-Fired Power Plants
- U.S. Attorneys’ Office Issues New “Self-Disclosure” Penalty Policy for Environmental Crimes
- EPA Published WOTUS Rule on January 18, 2023
- White House Publishes Guide to Weighing Climate Consequences to Permitting Actions
- Asphalt Manufacturer Challenges EPA’s Spill Rule Under Oil Spill Control Regulations
- Apple Eyes Recycling Plan for Carbon-Neutrality
- EPA to Increase Chemical Manufacturer’s Fees
- EPA Issues Interim Environmental Justice (EJ) and Civil Rights Permitting FAQ
- EPA to Release Lead Strategy in Anticipation of Revised Soil Clean-Up Guidance
- EPA Streamlines Review of New Chemicals for EV Vehicle Batteries
- EPA Set to Approve Canola Oil for “Advanced” Fuel under RFS
- Sixth Circuit to Review Decision to Certify Class in PFAS Litigation
- Environmentalists Sue EPA Over Regulation of “Inactive” Coal Ash Landfills
- Georgia-Pacific Seeks Supreme Court Review of CERCLA Statute of Limitation
- EPA to Publish CWA Spill Rules for Chemical ASTs
- EPA Scrutiny of Self-Audit Policy May Discourage Self-Disclosure of Violations
- Industry Urges IRS to Delay Superfund Tax by Six Months
- SEC Proposes Climate Change Disclosure Rules
- EPA to Cease Accepting Expedited Corrections to TSCA Inventory
- Department of Energy Announces Domestic Battery Strategy
- Liquid Terminal Industry Seeks Superfund PFAS Waiver
- New York City to Require Bias Audits of Automated Employment Tools
- New York City to Require Employers to List Salary Ranges in Job Postings
- California Reinstitutes Paid COVID Leave
- Illinois Proposes Groundwater Standard for PFAS
- Supreme Court Blocks OSHA “Vaccine-Or-Test” Rule for U.S. Workers
- NYC to Ban Natural Gas in New Buildings
- Department of Labor Final Rule for Tipped Employees
- U.S. Department of Labor Issues Emergency Rule on COVID-19 Vaccinations and Testing for Medium and Large Employers
- Infrastructure Bill to Streamline Permitting
- Federal Ruling Requires CWA Permit for Injection Wells
- OSHA Directs Employers to Follow CDC Mask Guidance
- OSHA Adopts National Emphasis Program (NEP) in Lieu of Adopting Emergency Temporary Standards to Address COVID in the Workplace
- U.S. Supreme Court to Review Application of Statute of Limitation in Superfund Cost Recovery Case
- Representative Dingell Will Make Regulation of PFAS Chemicals Top Congressional Priority
- Real Estate Investors Increasingly Considering Climate Risk in Investment Models
- U.S. Trade Court Blocks Trump Administration Bid to End Solar Tariff Loophole
- EPA Proposes New Aircraft Emission Standard
- U.S. Supreme Court Agrees to Hear Procedural Challenge to Climate Change Cases
- EPA Union Opposes Reopening Plans
- Returning to Work During the COVID-19 Pandemic: Are You Ready?
- What Employers Need to Know About Face Coverings
- OSHA Issues COVID-19 Enforcement Plan
- Paid Sick and Family CARE Leave – Employer Obligations Expanded and Refundable Tax Credits Granted
- OSHA Communication Requirements in the Age of COVID-19
- USDA Approves Georgia Hemp Plan; HB 847 Passes Georgia House
- EPA Considers “Legacy Use” Options as Appeal Windows Narrows
- Solar Tariffs Harm U.S. Industry
- New USDA Hemp Rules: Initial Reactions
- USDA Issues Hemp Rule
- New Mexico Environment Department Announces Draft Hemp Final Rule
- DC Circuit Provides Split Guidance on Wehrum Memo
- SGR Client Cherry Street Energy Partners with Terrapin Brewery
- California Supreme Court Rules City Failed to Comply with CEQA in Adopting Medical Marijuana Ordinance
- Federal Mine Regulators Issue Guidance on Refuges
- Georgia Department of Agriculture Accepting Comments on Proposed Hemp Rules
- The New Hemp Licenses
- Claims Against Caterpillar Can Proceed Despite “Mere Conclusory” Allegations in CERCLA Complaint
- EPA Risk Management Plan Rule Update
- EPA Citation to Chemours Shows Enforcement Push Under TSCA
- Groundwater Pollution Liability Under Clean Water Act to be Reviewed by U.S. Supreme Court
- USPS’s Defenses to OSHA Citation Rejected
- New York Delays New Cleaning Product Labeling Enforcement Until October
- Changes to OSHA Electronic Reporting Requirements and Maximum Penalties
- No Time Bar for Injunctive Relief for New Source Review Violations, 5th Circuit Rules
- OSHA Clarifies When Post-Accident Drug and Alcohol Testing is Permitted
- California Amends Safe Harbor Proposition 65 Warning Requirements for Pesticide Exposure Warnings
- California Appeals Court Upholds Jury Verdict that Project Owner not Liable for Asbestos Exposure to Contract Worker
- OSHA Court Case Shows Limits on Safety Inspections
- Additional Stormwater Regulation on the Horizon in California—and Elsewhere?
- Increased Regulation Coming for Coal Ash
- First Vapor Intrusion Superfund – Sites Listed by EPA
- Entertainment, Arts and Sports Practice
- “Exceptional Events” Exemption Under the Clean Air Act Upheld by D.C. Circuit
- “Beginning of Construction” for Investment Tax Credit for Solar Energy Projects Defined by the IRS
- Georgia Court of Appeals Interprets Narrative Water Quality Standard for Odor and Color
- Wind and Gas Surpassed by Solar as Biggest Source of New U.S. Power
- Corporate Social Responsibility Disclosures: Fodder for Class Action Lawsuits?
- July 1, 2018 Filing Deadline Under OSHA Electronic Reporting Rule
- EPA Announces New Carbon Neutral Policy for Forest Biomass Energy
- Guilt-Free Sara Lee: Renewable Energy Plans
- Update on EPA Formaldehyde Emissions in Composite Wood Products
- Federal Court Rejects EPA Rule Delaying Formaldehyde Standards in Composite Wood Products
- Solar Tariffs Set to Slow Expansion of Solar in U.S.
- Silica Rule Case
- OSHA’s Silica Exposure Standard Upheld on Most Grounds
- Federal Circuits Are Split on When a CERCLA Section 113 Contribution Claim Can Be Pursued
- Supreme Court to Hear Arguments in Solar Power Dispute
- EPA Enforcement Action Signals Heightened RMP Oversight
- Federal Court in Rhode Island Invalidates Superfund Unilateral Administrative Order
- EPA Initial Rules Under TSCA Amendments Challenged in Court
- States, Cities and Private Businesses Put U.S. Halfway to Paris Climate Accord Goal
- SGR Congratulates Client, Cox Enterprises for their Water Conservation Initiatives at Manheim Georgia
- Should You Evacuate Your Workplace During Hurricane Irma?
- EPA Proposes Revisions to Environmental Site Assessments for Timber Property
- Emory University Given MVP Award in Atlanta Better Buildings Challenge
- Ninth Circuit Invalidates Conditional Nanomaterial Pesticide Registration
- Now Is A Good Time To Read The Paris Climate Change Accord
- Steve O’Day Speaks to the Water Leaders Summit 2017
- President Trump’s EPA Sends Repeal of WOTUS Rule for OMB Review
- Company That Settled CERCLA Liability in Bankruptcy Can Pursue Contribution Claim
- FERC Addresses Right of Solar Energy Qualified Facilities to Sell Power to Electric Utilities
- EPA Proposes Ban of TCE for Dry Cleaning Uses
- EPA Announces First Ten Chemicals To Be Evaluated Under TSCA
- OSHA Rule or Penalty
- OSHA Finalizes Workplace Injury Reporting Rule
- OSHA Client Alert: OSHA Issues Final Rule With More Stringent Silica Exposure Limit
- Supreme Court Upholds $5.8 Million Judgment for Employee Time to Change Into and Out of Safety Equipment
- OSHA and EPA Issue Chemical Safety Alert Regarding Employer Implementation of Safer Technology and Alternatives
- Ebola Considerations for U.S. Employers
- OSHA Changes Workplace Injury Reporting Requirements
- Revised Schedule Issued for Georgia Power Advanced Solar Initiative and Advanced Solar Initiative Prime
- OSHA Puts Spotlight on Worker Safety in Hospitals
- Comments Due on January 31, 2014 for Georgia Power Request for Proposals and Draft PPAs for 495 MW of Solar Projects
- Georgia Power Company RFP Update: Notice of Intent for Self-Build Projects to Sell to Georgia Power
- Georgia Power Company Proposes 495 MW Solar Request for Proposals
- OSHA Proposes Rule on Electronically Recording Injury and Illness Information
- Training for Revised OSHA HAZCOM Must Be Completed by December 1
- Green Chamber of the South: Greenhouse Accelerator
- Municipal Water Supply and “Smart Water GridSM Services”
- Addressing the Water Supply Challenge
- Top Environmental Concerns in Fracking
- The Sophisticated User Defense: It’s Not Just for Drug Companies Anymore
- U.S. EPA Issues Final, Mandatory Greenhouse-Gas Reporting Rule
- Early Action Bonuses for Carbon Emission Reductions and Offsets
- New Federal and State Green Tax Incentives Available
- EPA’S Proposed Rule Requiring Mandatory Reporting of Greenhouse Gas Emissions is the First Step in an Expensive Regulatory Program That Will Affect Most U.S. Industries
- Atlanta Going “Green”
- Too Green to be true?
- Fueling the Future: How Federal Funding is Creating Business Opportunities in an Emerging Biofuels and Alternative Energy Market.
- Corporate Sustainability and the Marketplace: Changing the Bottom Line
- A Plan to Have A Plan: Does the State Water Plan Hold Water?
- Meet Georgia’s “Mold Man”
- Transit of Venus
- DOE Awards $145m to Solar Projects
- Tax Benefits for Land Conservation
- SGR Secures Summary Judgment for Client in Environmental Clean-up Litigation
- Chinese and American Officials Meet to Discuss Clean Energy Cooperation
- FTC Releases Revised Green Guides
- More Challenges to EPA Greenhouse Gas Rulemaking
- Impact of Ag and Forests on Greenhouse Gas Emissions
- SGR Obtains Dismissal of Toxic Tort Lawsuit, Victory for Client
- Corporate Sustainability: The Game Changer.
- EPA Supports Superfund “Polluter Pays” Provision
- Data Centers Can Now Earn Energy Star Label
- Energy and Water Conservation Bill Enacted in Georgia
- EPA Awards $7.8m to Climate Showcase Communities
- EPA Issues Final Rule: Diesel Engines
- Renewable Fuels Standard Finalized
- New SEC Guidance Regarding Climate Change Disclosure
- Guidelines Released for Georgia’s Competitive Grant Programs
- GEFA Releases New Funding Information
- Georgia’s Governor Signs Clean Energy Grant Legislation
- Stimulus Money in Georgia
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Press
- 42 Smith Gambrell Attorneys and 20 Practice Areas Recognized by Chambers USA 2025
- The Best Lawyers in America® Recognizes 105 SGR Attorneys in 2025 Edition
- 42 SGR Attorneys and 19 SGR Practice Areas Recognized by Chambers USA 2024
- The Best Lawyers in America® Recognizes 102 SGR Attorneys in 2024 Edition
- Chambers USA Guide 2023 Recognizes 44 SGR Attorneys and 18 SGR Practice Areas Among the Best in the Country
- Best Lawyers in America Recognizes 91 SGR Attorneys in 2023 Edition
- Chambers USA Guide 2022 Recognizes 32 SGR Attorneys and 11 SGR Practice Areas Among the Best in the Country
- SGR Attorneys Named to 2022 Georgia Super Lawyers and Rising Stars Lists
- Best Lawyers in America Recognizes 66 SGR Attorneys in 2022 Edition
- Chambers USA Guide 2021 Recognizes SGR Attorneys and Practice Areas Among the Best
- SGR Attorneys Named to 2021 Georgia Super Lawyers List
- Best Lawyers in America© Recognizes 63 SGR Attorneys in 2021
- Smith, Gambrell & Russell Client Cherry Street Energy to Provide 5.5 MW of Solar Energy to Emory University
- Chambers USA Guide 2020 Recognizes 14 SGR Attorneys and 8 SGR Practice Areas Among the Best in the Country
- SGR Attorneys Named to 2020 Georgia Super Lawyers List
- Best Lawyers® Recognizes 45 SGR Attorneys in 2020
- Chambers USA Guide 2019 Recognizes 13 SGR Attorneys and 6 SGR Practice Areas Among the Best in the Country
- SGR Attorneys Named to 2019 Georgia Super Lawyers List
- Best Lawyers in America© Recognizes 34 SGR Attorneys in 2019
- Chambers USA 2018 Recognizes SGR Attorneys and Practice Areas Among Best in the Country
- Best Lawyers in America® Recognizes 25 SGR Attorneys in 2018
- Chambers USA 2017 Recognizes SGR Attorneys and Practice Areas Among Best in the Country
- SGR Attorneys Named to 2017 Georgia Super Lawyers and Rising Stars Lists
- Chambers USA 2016 Recognizes SGR Attorneys and Practice Areas Among Best in the Country