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Robert D. Mowrey

Partner


Bob Mowrey chairs the firm’s Energy and Sustainability Practices.  With a focus on climate change and carbon management issues, he has advised clients on Kyoto-protocol related transactions in multiple countries as well as the strategic and policy issues concerning carbon capture and storage.  As former chair of the firm’s environmental practice, he has a wealth of national experience in matters involving toxic tort and environmental litigation, state and federal hazardous waste matters, Clean Water Act issues and corporate compliance and counseling matters. 

Mr. Mowrey is listed in Super Lawyers magazine and The Best Lawyers in America, and has been identified in Chambers USA: America’s Leading Lawyers for Business as a leading environmental lawyer in Georgia, in which a peer described him as “a real go-getterwhogives his all for his clients.” Mr. Mowrey is a past chair of the Environmental Section of the State Bar of Georgia, and he is an adjunct professor in environmental law at the Emory University Law School. He speaks and publishes regularly on climate change and other environmental issues.

Representative Experience

  • Advice to major industrial company on Kyoto transactions in Brazil and China, and advice on overall carbon management strategies.
  • Advice on liability protection to participant in carbon capture and storage project.
  • Advises major trade associations on carbon capture and storage strategy and policy issues.
  • Led recent negotiations between a group of foundry companies and U.S. EPA resulting in a unique precedent-setting administrative settlement that provides for the most extensive residential investigation and cleanup for lead in U.S. history and resulted in contribution protection against up to $500 million in claims. Leads the firm’s client team in strategy associated with simultaneously defending cost recovery litigation, toxic tort litigation and federal enforcement with respect to this community-wide contamination problem.
  • In 2006, Mr. Mowrey argued and won a case on behalf of the City of Atlanta before the Georgia Supreme Court. In that case, the firm obtained rulings in lower courts and ultimately in the Supreme Court declaring unconstitutional a Georgia statute allowing counties to veto cross-boundary waste transactions. This victory averted a major trash management crisis in the City of Atlanta and ensures free waste markets in the state.
  • Led a team handling a major toxic tort class action against a pesticide manufacturing client alleging widespread exposures and injuries involving potentially tens of thousands of residents. Simultaneous with mounting the defense of the class action, Mr. Mowrey assisted the client with four separate federal and state agency investigations into the circumstances of the alleged exposures.
  • Obtained the voluntary dismissal of a major enforcement action against a global transportation company in which a California district attorney sought a state-wide remedy to alter our client’s equipment and procedures for transporting hazardous materials. After our filing of motions on federal preemption issues, we secured dismissal.
  • Twice obtained dismissals of citizens’ suits brought in federal district Court for the Northern District of California by a “Riverwatch” organization in the San Francisco area alleging groundwater contamination and violations of law by our client. Since the second dismissal has been obtained, the plaintiffs’ group has discontinued pursuit of its claims.
  • Served as common counsel at a set of seven related hazardous waste storage and disposal sites in Georgia that involved multiple federal and state enforcement actions, toxic tort litigation, insurance-related litigation, cost recovery claims and the approval of a first-ever delisting petition by the State of Georgia allowing a cleanup approach that saved over $15 million in cleanup costs.
  • Developed unparalleled expertise concerning issues under the Georgia Hazardous Site Response Act since its inception, when he was involved on behalf of the Georgia Chamber of Commerce in the negotiation of the Act’s provisions. He has handled dozens of sites subject to HSRA.


Publications
May 6, 2009
Summer 2007
February 2007
"CERCLA's Preemptive 'Discovery Rule' for State Toxic Tort Claims: Scope, Strategies and Issues," DRI, February 2007.

Robert D. Mowrey

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7242
Fax: 404-253-8742

Education

  • University of Chicago
    (J.D., 1988)
  • Wittenberg University
    (B.A., 1985)

Admitted to Practice

  • Georgia