name

Brent Rosser

Partner
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Hunton Andrews Kurth LLP

North Carolina, USA
    Local Time: Saturday 03:52

Practice Expertise

  • Commercial Litigation
  • Business Litigation
  • Coal
  • Air

Areas of Practice

  • Air
  • Business Litigation
  • Coal
  • Commercial Litigation
  • Discovery and E-Discovery
  • E-Discovery
  • Energy and Environmental Litigation
  • Energy Litigation
  • Energy Transition
  • Environmental
  • Environmental Compliance, Litigation and ...
  • Sports and Entertainment
  • Superfund (CERCLA), Site Remediation and ...
  • Water
  • View More

Profile

Brent defends companies in environmental litigation and related administrative and regulatory matters. His clients value his thoughtful solutions-based approach to complex environmental issues, including issues related to the management of coal ash and other solid wastes.

For nearly two decades, Brent has practiced in the area of environmental law, representing major utilities and energy companies in matters throughout the country, including in cases alleging violations of federal and state water, waste, and air environmental laws, as well as state common laws such as nuisance and trespassing. Brent is lauded for his deep understanding of the complex challenges companies encounter when facing administrative and court actions and quickly develops strategies in responding to them. He also regularly partners with Fortune 500 clients to advise on litigation and regulatory strategy in support of business objectives to further company growth and success.

Brent has represented defendants in some of the largest and most important environmental cases in the country, including cases that have been heard in the Circuit Courts of Appeals and the Supreme Court of the United States. He possess a valuable blend of experience as a litigator and a regulatory advisor on both energy and environmental law and he has been instrumental to the establishment and development of the firm’s coal ash and waste practice. Over the last several years, he has handled nearly 30 separate administrative and litigation matters involving coal ash for clients throughout the country. These matters have included defending citizen suits brought under federal environmental laws including the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), enforcement actions brought by government agencies, and private actions asserting nuisance and other common law claims. Brent also acted as co-lead counsel for a major utility in one of the first cases alleging violations of RCRA related to the storage and management of coal ash.

Brent is licensed to practice in all federal and state courts in North Carolina, as well as the US Supreme Court. He has performed pro bono work with the Children’s Law Center and Legal Services of North Carolina, both based in Charlotte. In 2020, Brent was recognized as a Leader in Environment Law, North Carolina, by Chambers USA.

Relevant Experience

  • Regularly advises electric generators and distributors on storage and disposal of coal combustion residuals.
  • Regularly provides advice and counsel regarding application of the CCR rule.
  • Regularly represents major electric utilities throughout the country in all aspects of defense of actions brought under the CAA, the CWA, and RCRA.
  • Regularly represents major utilities in environmental litigation related to the storage and disposal of coal combustion residuals, including coal ash.
  • Regularly represents major utilities in environmental litigation in defense of actions involving nuisance and other common law claims.
  • Regularly represents major utility associations in environmental litigation and regulatory matters.
  • Regularly advises electric generators and other clients on compliance with and enforcement of the CAA, including the new source review and regional haze programs.
  • Represented utility in successful Sixth Circuit appeal in suit alleging CWA violations, which was identified by Law360 as one of the most significant environmental decisions of 2018.
  • Represented utility in successful Eighth Circuit appeal in suit alleging CAA violations, which was identified by Law360 as one of the most significant environmental decisions of 2010.
  • Represented most of the industrial base in the country in challenges to EPA regulations.
  • Represented Fortune 150 utility in citizen suit alleging noncompliance with Section 112(g) of the CAA. 
  • Represented Fortune 150 utility in administrative proceeding and related litigation involving an air quality permit issued by state agency.
  • Represented developer in litigation arising out of planned major residential development involving over 3,500 acres and 1,400 home sites.
  • Represented charitable organization in property dispute involving nearly 300 acres of North Carolina coastal property.

Bar Admissions

  • North Carolina

Education
BA, Furman University, History, Four-year Varsity Soccer Letterman, 1999

Areas of Practice

  • Air
  • Business Litigation
  • Coal
  • Commercial Litigation
  • Discovery and E-Discovery
  • E-Discovery
  • Energy and Environmental Litigation
  • Energy Litigation
  • Energy Transition
  • Environmental
  • Environmental Compliance, Litigation and Defense
  • Sports and Entertainment
  • Superfund (CERCLA), Site Remediation and Natural Resource Damages
  • Water

Professional Career

Significant Accomplishments
  • Regularly represents major electric utilities throughout the country in all aspects of defense of actions brought under the New Source Review provisions of the Clean Air Act.
  • Represented utility in successful 8th Circuit appeal in suit alleging Clean Air Act violations, which was identified as one of the most significant environmental decisions of 2010.
  • Represented Fortune 10 company in defense of product liability action.
  • Represented Fortune 10 company in breach of contract action against major supplier.
  • Represented most of the industrial base in the country in challenges to EPA regulations.
  • Regularly represents major utilities in environmental litigation related to the storage and disposal of coal combustion residuals, including coal ash.
  • Regularly represents major utility trade associations in environmental litigation and regulatory matters.
  • Represented Fortune 150 utility in citizen suit alleging noncompliance with Section 112(g) of the Clean Air Act.
  • Represented Fortune 150 utility in administrative proceeding and related litigation involving an air quality permit issued by state agency.
  • Represented developer in litigation arising out of planned major residential development involving over 3,500 acres and 1,400 home sites.
  • Represented charitable organization in property dispute involving nearly 300 acres of North Carolina coastal property.
  • Represented two NASCAR teams in breach of contract actions against former employees.
  • Represents Fortune 100 company in defense of actions brought by injured employees.
  • Represented nationwide supplier of building materials and construction services in construction litigation.
  • Represented Fortune 500 company in an options backdating investigation involving the SEC and the Department of Justice.
  • Represented major hospital in an investigation initiated by the US Department of Labor.
  • Represented one of the country's largest construction firms during a federal investigation related to allegations of political kickbacks and fraud. 
  • Represented major hospital in cases alleging medical negligence.


Professional Associations
  • Member, Board of Directors, Carolinas Freedom Foundation, 2018-present
  • Member, Board of Directors, Charlotte Hornets’ Nest Girl Scouts Council, March 2010–December 2013; Chair, Board Development Committee; Chair, Property Committee; Member, CEO Search Committee
  • Member, Mecklenburg County Bar
  • Member, North Carolina Bar Association
  • Member, American Bar Association

Professional Activities and Experience
  • 2017 Chambers USA Environment Law Firm of the Year
  • Listed as a Future Litigation Star, North Carolina, Benchmark Litigation, 2009
  • Named among the Top 40 Litigation Lawyers Under 40 in North Carolina, The American Society of Legal Advocates, 2013
  • Featured in “The Footsteps of His Father,” Rising Stars profile, Super Lawyers Magazine, February 2012
  • Selected as a Rising Star for Environmental Litigation Law, North Carolina Super Lawyers magazine, 2012-2017. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • Named to the Pro Bono Honor Roll by Legal Services of Southern Piedmont and Legal Aid of North Carolina, Charlotte, 2012, 2014
  • Recipient, E. Randolph Williams Award for Exceptional Pro Bono Service, Hunton & Williams, 2008-2010 

Articles

  • Bank liability may increase, Charlotte Business Journal
  • The WIIN Act: A Path to Risk-Based Management of Coal Ash, The Nickel Report
  • Article III standing still proving to be a formidable defense to environmental citizen suits, Westlaw Today
  • Mortgage and Asset Back Securities Litigation Handbook, Section 5.1 Litigating Origination-Based Claims Involving Securitized Loans
  • District Court Dismisses First Ever CCR Rule Citizen Suit, The Nickel Report
  • More businesses to face EPA rules, Charlotte Business Journal

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