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William L. Pence

William Pence represents utilities, municipalities, manufacturing facilities, bulk fuel pipeline and terminal facilities, developers and property owners in connection with the management of environmental risks and liabilities associated with contaminated properties. He also provides counsel on compliance with a broad range of environmental regulatory programs. Mr. Pence has significant experience managing the investigation and remediation of former manufactured gas plants; prosecution and defense of private party cost recovery actions under state and federal laws; and defense of enforcement actions under CERCLA, RCRA, CWA and similar state regulatory programs, including those regulating current and former landfills. He regularly counsels bulk fuel pipeline, storage and terminal facilities in connection with compliance with federal and state regulatory programs, including Coast Guard, PHMSA and USEPA regulations governing such facilities. He has also represented municipalities and developers in their efforts to redevelop environmentally impacted properties under state and federal Brownfield programs.

Mr. Pence is listed in The Best Lawyers in America (listed in Florida for Environmental Law and Litigation-Environmental), Chambers USA (ranked in Florida for Environment), Super Lawyers (listed in Environmental), The International Who’s Who of Business Lawyers (recommended for Environment) and Guide to Leading American Attorneys (ranked in Florida). He is rated AV Preeminent by LexisNexis Martindale-Hubbell.

Representative matters include:

• Representation of a municipality in connection with a $13 million assessment and remediation of waterfront property impacted by former operations of a manufactured gas plant under streamlined USEPA EE/CA process, resulting in one of the fastest site cleanups in USEPA Region 4. Representation included identification of former owner/operator and negotiation of cost sharing agreement with former owner/operator resulting in reduction of client’s share (as current owner) for costs of cleanup to less than 10 percent.
• Representation of numerous utilities, municipalities and current property owners in connection with the investigation and remediation of over 20 former manufactured gas plant sites. This work has included negotiation of scope of investigation and remedial design with USEPA and state and local environmental regulatory bodies; negotiation of administrative orders and consent decrees with such regulatory bodies; negotiation of applicable clean up criteria; solicitation and management of environmental consulting and construction firms; identification of other potentially responsible parties; negotiation of cost allocation agreements with such parties and, on occasion, litigation with such parties on allocation and access issues; and assistance with the redevelopment of such sites following, or in connection with, remedial action at the sites.
• Representation of numerous aerospace and high technology industries in connection with solid and hazardous waste compliance issues, RCRA closures and Superfund cleanups with emphasis on chlorinated hydrocarbon contamination. Representation includes mitigation of penalties exceeding millions of dollars in RCRA solid and hazardous waste enforcement actions. Such representation has also included negotiation of consent orders with USEPA and state regulatory bodies providing for closure of hazardous waste management units, as well as selection and management of consultants contracted to design and implement the final remedy.
• Representation of several municipalities in connection with permitting and closure of solid waste landfills, including beneficial reuse.
• Representation of Florida manufacturing facility in connection with corrective action under RCRA to address presence of Dense Non-Aqueous Phase Liquid (DNAPL) associated with chlorinated solvent spill. Representation included obtaining clean closure at one of the very few DNAPL sites ever successfully remediated in the United States.
• Representation of a large pharmaceutical firm in defense of RCRA enforcement action for hazardous waste management in which the Florida Department of Environmental Protection sought penalties in excess of $2 million. The case was settled for less than $30,000 in penalties.
• Representation of municipalities and private parties in Brownfield redevelopment projects, prosecution and defense of cost recovery actions under Superfund and prosecution and defense of property damage lawsuits.
• Representation of bulk petroleum terminal, storage and pipeline facilities in connection with regulatory compliance matters, applications to PHMSA for special permits and management of assessment and remediation of petroleum contamination at such facilities. Representation includes assistance with preparation of Facility Response Plans, SPCC Plans, Terminal Facility Operations Manuals, Pipeline Facility Operations Manuals, Integrity Management Plans and Operator Qualification Plans, including representation of such facilities during federal and state inspections.
• Representation of numerous entities identified as potentially responsible parties under Superfund and similar state programs. Representation has included serving on Superfund Steering Committees and negotiation of allocation agreements with other responsible parties.

Mr. Pence has spoken on environmental topics at numerous national and international conferences. He is a member of the American (Environment, Energy and Resources Law Section), Florida (Environmental and Land Use Law Section) and Orange County Bar Associations. He is also a member of the Florida Natural Gas Association and a former member of the Governor’s Transition Task Force on the Environment. From 1979-82, Mr. Pence served as Law Clerk to the Honorable George C. Young, Chief Judge, United States District Court for the Middle District of Florida. He serves on the Board of Visitors, Berry College.