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Education
  • Paul M. Hebert Law Center, Louisiana State University, J.D., 1987
  • University of Southwestern Louisiana, B.S., 1984
Bar Admissions
  • Louisiana, 1987
professionalsBio
Boyd Bryan
Partner
Four United Plaza
8555 United Plaza Blvd
Baton Rouge, LA 70809
225.248.2134 tel
225.248.3134 fax

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Boyd Bryan represents clients in a wide range of environmental matters, including environmental issues in transactions, environmental litigation, and regulatory issues from permitting to compliance advice. More specifically, his environmental law experience includes:

  • Permitting under the Clean Air Act, the Clean Water Act, Resource Conservation and Recovery Act (RCRA), Louisiana Department of Natural Resources (LDNR) and Louisiana Department of Environmental Quality (LDEQ) regulations, and other environmental laws
  • Defense of lawsuits challenging the issuance of environmental permits
  • Regulatory compliance advice, including advice regarding reporting and emergency response requirements
  • Handling of transactions involving environmental issues, including environmental due diligence, compliance issues, wetlands issues, and transfers of environmental permits
  • Advice regarding property remediation, including state voluntary cleanup and risk assessment programs
  • Defense of agency enforcement actions, including negotiations with the United States Environmental Protection Agency (EPA), the U.S. Department of Justice (DOJ), and state agencies regarding compliance orders, penalty assessments, regulatory interpretations, and settlements (including consent decrees)
  • Superfund actions
  • Litigation under RCRA, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and other environmental laws
  • Prosecution and defense of lawsuits seeking remediation of property, recovery of response costs, and related damages
  • Environmental insurance coverage issues
  • Defense of oilfield site restoration (legacy) lawsuits 
  • NORM litigation

Noteworthy

  • Recognized in "Chambers USA – America's Leading Lawyers for Business" in the area of Environment (listed annually since 2010)
  • Listed in The Best Lawyers in America® 2018 (Copyright 2017 by Woodward/White, Inc., Aiken, SC) in the area of Environmental Law (listed annually since 2016)

Representative Matters

  • Regulatory compliance advice and defense of agency enforcement actions on behalf of chemical manufacturer.
  • Advice regarding environmental due diligence, environmental compliance issues, transfer of environmental permits, and negotiation of agreements in connection with purchase of industrial facility and business in southern Louisiana.
  • Advice regarding environmental due diligence, transfer of environmental permits, and negotiation of agreements in connection with purchase of closed industrial manufacturing facility in northern Louisiana.
  • Advice regarding environmental issues, transfer of environmental permits, and negotiation of agreements in connection with sale of greenfield site on Mississippi River in southern Louisiana.
  • Advice regarding obtaining of air, water, and other permits for $600-million storage tank facility for crude oil, petroleum products, and other liquid fuels on the Mississippi River in St. James, Louisiana. Successful defense of litigation seeking reversal of LDEQ's issuance of air permit. In the Matter of: Louisiana Department of Environmental Quality Permitting Decision: Regarding State (Synthetic Minor Source) Permit No. 2560-00292-00 to Petroplex International, LLC), 2010 CA 1194 (La. App. 1 Cir. 3/25/11), 58 So.3d 1155
  • Advise regarding environmental transactional issues, wetlands, and permitting in connection with proposed purchase and reopening of automobile manufacturing facility in northern Louisiana.
  • Advise regarding environmental transactional issues, permit transfers, and obtaining of bona fide prospective purchaser letters from LDEQ in connection with purchase of poultry facilities in northern Louisiana.
  • Air permitting advice to company proposing to construct new petroleum refinery in St. James Parish, Louisiana.
  • Advice regarding obtaining permits from LDNR, Office of Conservation, for facility to treat and dispose of oilfield exploration and production wastes in Jefferson Davis Parish, Louisiana.
  • Advice regarding environmental due diligence, permitting, development issues, and related matters, for $300-million storage tank facility for crude oil, petroleum products, and other liquid fuels on the Mississippi River in St. John the Baptist Parish, Louisiana. Successful settlement of litigation seeking reversal of LDEQ's issuance of air and water permits. In the Matter of: Louisiana Department of Environmental Quality Permitting Decision: Regarding State (Synthetic Minor Source) Permit No. 2580-00051-00 and Louisiana Pollutant Discharge Elimination System (LPDES) Permit to Safelands Storage, LLC D/B/A Angelina Tank Farm, Docket No. 563,770, 19th Judicial District Court, East Baton Rouge Parish, Louisiana.
  • Environmental due diligence, permitting, and related advice to company regarding purchase of property and construction and operation $100-million manufacturing facility near Alexandria, Louisiana.
  • Negotiation and handling of purchase of portion of environmentally-affected property in Vermilion Parish, Louisiana, including obtaining of "comfort" letter and waiver of lien rights from LDEQ.
  • Negotiation and handling of purchase of property bordering environmentally-affected water body in Baton Rouge, Louisiana.
  • Advice to owners of former Superfund site regarding future sale, lease, or use of property.
  • Lead permitting attorney in obtaining RCRA, Clean Air Act, and Clean Water Act permits for former commercial hazardous waste incineration facility. Successful defense of lawsuits seeking reversal of permits. Coalition for a Good Environment, et al v. Louisiana Department of Environmental Quality, 99-2843 (La. App. 1st Cir. 10/18/00), 772 So.2d 715, writ denied, 2001-0129 (La. 4/12/01), 789 So.2d 589 and 2001-0130 (La. 4/12/01), 789 So.2d 590.
  • Supervision of risk assessment of alleged hazardous waste disposal site, and negotiation of consent decree with DOJ, EPA, and LDEQ regarding client's potential liability for response costs.
  • Representation of customer of commercial hazardous waste incineration facility as intervenor in federal litigation brought by EPA, LDEQ, and DOJ. After jury trial, judgment rendered in favor of client holding that its material processed separately was a "product" and no longer subject to regulation as a hazardous waste. United States v. Marine Shale Processors, Inc., et al, CV90-1240, U.S. District Court, Western District of La. (transferred to the Eastern District of La.). Judgment in favor of client reversed and remanded by Fifth Circuit Court of Appeal, and thereafter settlement reached with all parties, United States v. Marine Shale Processors, Inc., 81 F.3d 1361 (5th Cir. 1996).
  • Defense of enforcement actions by U.S. Army Corps of Engineers and EPA based on alleged violations of Clean Water Act wetlands regulations and Swampbuster regulations.

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Memberships

  • American Bar Association (Member, Section of Environment, Energy and Resources)
  • Louisiana State Bar Association (Immediate Past Chairman, 2012-2013; Chairman, 2011-2012; Council Member, Section of Environmental Law)
  • Louisiana Chemical Industry Alliance
  • Louisiana Mid-Continent Oil and Gas Association
  • Louisiana Oil & Gas Association