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Douglas S. Arnold

Partner


Doug Arnold is a partner in the Atlanta office and chairs the firm's Environmental Practice. He also serves as a co-chair of the firm's Toxic Tort practice and is a member of the firm's Diversity Committee and a former member of the Hiring Committee.

Mr. Arnold is listed in The Best Lawyers in America, Chambers USA, and The International Who's Who of Environmental Lawyers and has a "Preeminent" Peer Review Rating from Martindale-Hubbell. Mr. Arnold has also been named one of Georgia's "Super Lawyers" for the last eight years.

For 20 years, Mr. Arnold has represented clients in all stages of environmental and toxic tort litigation. He also represents companies in Superfund cases and environmental enforcement actions under the Clean Water Act, RCRA, TSCA, and EPCRA and has handled more than 50 such matters before U.S. EPA Region 4. In addition, he has represented clients in enforcement actions in U.S. EPA Regions 1 - 6, and 9.

Mr. Arnold currently co-chairs the ABA Environmental Litigation Committee. He is also a past Chair of the ABA Environmental Enforcement and the Crimes Committee, as well as a past Chair of the Environmental Law Section of the State Bar of Georgia.

Representative Experience

  • Won summary judgment on Atlantic Research grounds in a CERCLA cost recovery suit involving past and future cleanup costs exceeding $300 million.
  • Successful pre-trial settlement of four lawsuits in Alabama and West Virginia against a Fortune 50 chemical manufacturer brought by 1,400 plaintiffs seeking damages for injuries allegedly caused by chemical exposures.
  • Class-wide settlement for less than the pre-trial defense costs of a putative class action seeking damages for 36,000 property owners from alleged releases of lead and other pollutants from former foundry operations in Anniston, Alabama.
  • Criminal declination for a corporate parent and two subsidiaries in connection with Clean Water Act violations at the client’s waste water treatment facility. Led the initial internal investigation into whistleblower allegations of illegal facility discharges and assisted the client with reporting suspected violations under EPA’s Voluntary Self-Disclosure Policy. U.S. Department of Justice Environmental Crimes Section and U.S. EPA Criminal Investigative Division filed charges against the former facility manager and supervisor, but brought no charges against the client parent or subsidiaries.
  • Defeated a class certification of personal injury claims involving alleged chemical exposures asserted by approximately 30,000 putative class members in seven states.
  • Represented a national building products company in mass tort litigation involving 19 lawsuits and more than 1,300 plaintiffs alleging personal injuries caused by air and surface water emissions from former wood treatment operations. The chemicals of concern included dioxin, arsenic, creosote and chromium, which allegedly resulted in cancers, birth defects and other diseases. Successfully settled all claims in a two-day mediation following the close of fact discovery in the first four lawsuits.
  • Obtained a criminal declination for a corporation and its subsidiary after a two-plus-year investigation in which the government sought a felony indictment and $4 million in fines for alleged RCRA violations from an alleged spill of 1.3 million gallons of hazardous chemicals. The federal agencies involved included the U.S. EPA Criminal Investigative Division, FBI, and U.S. Department of Justice Environmental Crimes Section.
  • Defended a national appliance manufacturer in three lawsuits in San Francisco Superior Court for alleged perchloroethylene (PCE) contamination in soil and groundwater. The plaintiffs collectively sought $150 million in damages from nine defendant companies. Based on defense experts’ reports and testimony, resolved the claim in a pre-trial mediation for less than one percent of the damages sought.
  • Conducted internal corporate audits and investigations of client facilities in Alabama, Arkansas, Georgia, Louisiana, Mississippi, Pennsylvania, South Carolina, Tennessee, and Virginia and helped clients develop environmental compliance strategies to mitigate their potential liability.
  • Obtained a dismissal for a client on motion to dismiss grounds in a dioxin exposure case involving a former federal Superfund site in Arkansas.
  • Summary judgment granted for a client in two related toxic tort suits in Maryland and Massachusetts involving alleged exposure to chlordane and other pesticides.
  • Successful settlement of toxic tort lawsuit in Madison County, Illinois, prior to the start of discovery; the case involved claims by 300 plaintiffs against the client for personal injury and property damage from alleged exposure to manganese, lead, arsenic, and chromium from air emissions and surface water runoff from former mineral processing operations.


Publications
August 15, 2011
"Challenging CERCLA Claims At The Pleading Stage," Law360, August 15, 2011.
July 27, 2010
"Closing Atlantic Research's Gap: CERCLA's Next Step," Environmental Law360, July 27, 2010.
December 2008

Douglas S. Arnold

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7637
Fax: 404-253-8476

Education

  • University of Georgia
    (J.D., 1991)
  • University of Virginia
    (B.A., 1988)

Admitted to Practice

  • District of Columbia
  • Georgia