William L. Pence

Partner

Orlando
T +1.407.649.4095
F +1.407.841.0168

"[Bill Pence] distinguishes himself because he really understands a lot of the science and environmental consulting that goes with our practice."

— Chambers USA 2014

Overview

Bill Pence focuses his practice on environmental and energy representation. He represents utilities, municipalities, bulk fuel storage and pipeline companies, and industry before state and federal environmental regulatory agencies. His practice includes managing the investigation and remediation of contaminated properties, using his extensive knowledge of this science-driven field to provide reliable advice to his clients on cost-effective remedial alternatives; negotiating applicable cleanup criteria with regulatory bodies; and representing clients in the defense and pursuit of enforcement and cost recovery claims under CERCLA, RCRA and similar state laws. He also represents clients in connection with permitting- and compliance-related matters pertaining to petroleum pipelines, terminal facilities and tank farms.

Select Experience

  • Represented a municipality in connection with a $13 million assessment and remediation of waterfront property impacted by the former operations of a manufactured gas plant under a streamlined United States Environmental Protection Agency (USEPA) Engineering Evaluation/Cost Analysis process, resulting in one of the fastest site cleanups in USEPA Region 4. Successful pursuit of the former/owner operator resulted in reduction of our client's share (as current owner) for costs of cleanup to less than 10 percent of the total cost. 
  • Represents numerous utilities, municipalities and current property owners in connection with the investigation and remediation of more than 20 former manufactured gas plant sites. Negotiated scope of investigation and remedial design with USEPA and state and local environmental regulatory bodies, negotiated administrative orders and consent decrees with such regulatory bodies, negotiated applicable cleanup criteria, solicited and managed environmental consulting and construction firms, identified other potentially responsible parties, negotiated cost allocation agreements with such parties and, on occasion, litigated with such parties on allocation and access issues, and assisted with the redevelopment of such sites following, or in connection with, remedial action at the sites. 
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Experience

  • Represented a municipality in connection with a $13 million assessment and remediation of waterfront property impacted by the former operations of a manufactured gas plant under a streamlined United States Environmental Protection Agency (USEPA) Engineering Evaluation/Cost Analysis process, resulting in one of the fastest site cleanups in USEPA Region 4. Successful pursuit of the former/owner operator resulted in reduction of our client's share (as current owner) for costs of cleanup to less than 10 percent of the total cost. 
  • Represents numerous utilities, municipalities and current property owners in connection with the investigation and remediation of more than 20 former manufactured gas plant sites. Negotiated scope of investigation and remedial design with USEPA and state and local environmental regulatory bodies, negotiated administrative orders and consent decrees with such regulatory bodies, negotiated applicable cleanup criteria, solicited and managed environmental consulting and construction firms, identified other potentially responsible parties, negotiated cost allocation agreements with such parties and, on occasion, litigated with such parties on allocation and access issues, and assisted with the redevelopment of such sites following, or in connection with, remedial action at the sites. 
  • Represented a Florida manufacturing facility in connection with a corrective action under the Resources Conservation Recovery Act (RCRA) to address the presence of dense non-aqueous phase liquid (DNAPL) associated with a chlorinated solvent spill. Obtained clean closure at one of the few DNAPL sites ever successfully remediated under RCRA. 
  • Represented a large pharmaceutical firm in defense of an 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. 
  • Represents a bulk petroleum terminal and 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. Assists with the preparation of facility response plans, SPCC plans, terminal facility operations manuals, pipeline facility operations manuals, integrity management plans and operator qualification plans, and represents such facilities during federal and state inspections. 
  • Represents clients identified as potentially responsible parties under Superfund and similar state programs. Serves on Superfund steering committees, negotiates allocation agreements with other responsible parties, and represents clients in the prosecution and defense of cost recovery claims under the Superfund and claims for damages under state laws.
  • Represented 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. These included mitigation of penalties exceeding millions of dollars in RCRA solid and hazardous waste enforcement actions, negotiation of consent orders with USEPA and state regulatory bodies providing for closure of hazardous waste management units, and selection and management of consultants contracted to design and implement a final remedy. 
  • Represents municipalities in connection with the permitting and closure of solid waste landfills, including providing counsel for the beneficial reuse of former landfills.

Recognitions and Memberships

Recognitions

  • Chambers USA: Environment in Florida (2007 to 2017)
  • The Best Lawyers in America© (2007 to 2018)
    • Orlando: Environmental Law
      • Best Lawyers® "Lawyer of the Year" (2014, 2018)
    • Orlando: Litigation – Environmental
      • Best Lawyers® 2013 and 2015 "Lawyer of the Year"
  • Florida "Super Lawyer" (2010 to 2017)
  • The International Who's Who of Business Lawyers: Environmental
  • Guide to Leading American Attorneys: Florida, Environmental
  • Martindale-Hubbell: AV Preeminent

Memberships

  • American Bar Association: Environment, Energy and Resources Law Section
  • Florida State Bar Association: Environmental and Land Use Law Section
  • Orange County Bar Association 
  • Florida Natural Gas Association
  • Florida Energy Pipeline Association: Counsel to Board
  • Governor's Transition Task Force on the Environment (1990)

Community

  • Berry College Board of Visitors

Pro Bono

  • Legal Aid Society of Central Florida: Guardian Ad Litem 

Industries

Prior Positions

  • Law Clerk for the Honorable George C. Young, Chief Judge, United States District Court for the Middle District of Florida (1979 to 1982)

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • Florida

Education

  • LL.M., The London School of Economics and Political Science, 1983
  • J.D., Syracuse University College of Law, 1979, magna cum laude
  • B.A., Berry College, 1976, cum laude