Stephen E. O'Day

Steve heads Smith, Gambrell & Russell’s Environmental and Sustainability Practice Groups and is a member of SGR’s Energy Practice Group.  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.

Steve 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,  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.

Stephen's Practice

Representative Matters

• Defense of Superfund litigation in California against a manufacturer that allegedly sent hazardous waste to a landfill.
• Defense of Clean Water Act litigation in federal court in California against a manufacturer whose storm water discharges allegedly violated the Clean Water Act.
• Represents a manufacturer in Georgia in federal court litigation against a municipality for illegal and unconstitutional industrial wastewater assessments.
• 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
• Handled all agreements for the development of a resilient energy project serving an island development in the Bahamas.
• Numerous electricity, natural gas, and fuel supply agreements and acquisition of energy projects across the country
• Successful defense of California Proposition 65 claims and lawsuits, most recently winning a dismissal for lack of personal jurisdiction over the Firm’s client.
• Advice to clients on the impacts of and compliance with emerging Extended Producer Responsibility (EPR) laws across the country.
• Development and implementation of client strategies in addressing emerging toxic substance issues such as evaluation of, compliance with, and defense of claims addressing perfluorinated alkyl substances (PFAS) under new federal regulations, emerging State laws, and toxic tort lawsuits.
• 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