Elizabeth B. Davis

Practices

• Environmental
• Product Liability Litigation

Professional Experience

Beth is a partner in the firm's Environmental and Product Liability Litigation practice groups and the Atlanta office co-chair of the Diversity and Inclusion Initiative. She is a former Assistant Regional Counsel with the U.S. Environmental Protection Agency in Region 4. She focuses her environmental practice on regulatory compliance, permitting, enforcement defense, and litigation. She also handles the environmental aspects of corporate and real estate transactions, as well as occupational safety and health compliance and zoning and land use issues. Beth has extensive experience with counseling and litigation in all aspects of federal and state laws related to hazardous waste, underground storage tanks, water, air and occupational safety and health.

Beth focuses her product liability practice on counseling clients regarding compliance with consumer product safety and food and drug regulatory requirements, including designing and managing recalls of consumer products, and food and drugs, and defending related product liability claims. She has counseled numerous manufacturers, importers and retailers regarding compliance with consumer product safety requirements, including the Consumer Product Safety Improvement Act of 2008.

Beth is admitted to practice in Georgia.

Education

• University of Georgia School of Law, J.D., 1989, cum laude
• Agnes Scott College, B.A., 1985

• Environmental Matters
  
• Lead environmental counsel supervising environmental compliance assessments and audits of major manufacturing facilities nationally
• Negotiating operating permits, synthetic minor permits, Title V, PSD and NPDES permits for facilities all over the country, and resolution of numerous air compliance issues across the country
• Defending and prosecuting citizens' suits filed under the Clean Water Act alleging violations of the Act and related nuisance, trespass and property damage
• Successfully negotiating the resolution of dozens of environmental creditor claims filed in federal bankruptcy courts against an international building products manufacturer
• Negotiating land use and obtaining special use permits for surface mining operations in Colorado and New Mexico
• Obtaining appropriate zoning authorizations for shopping center development in Atlanta
• Successfully defending against zoning request to expand facility in Atlanta
• Successfully defending chemical manufacturer regarding issues associated with Tier II and Tier III reporting under EPCRA, including audit policy and corporate-wide audit issues
• Advising various clients regarding compliance with the Clean Water Act, including point source and stormwater discharges, NPDES permits, permits for stormwater discharges associated with construction and industrial operations, requirements associated with stream buffers and wetlands
• Successfully handling NPDES permit appeals
• Handling all environmental aspects of developments in Georgia, including assessment of waters of the United States and related permitting and compliance issues, obtaining authorizations from the Army Corps of Engineers, state and local authorities as necessary to reroute and pipe stream and construct mixed use developments
• Representing Virginia, D.C., Florida and Georgia building owners regarding alleged indoor air quality issues, including toxic mold
• Managing all environmental issues, including environmental due diligence, strategy, releases from liability for environmental issues, negotiating and drafting all agreements associated with purchase and development of multi-billion dollar commercial and residential development project on environmentally impacted property in Maryland
• Representing industry, developer and lending clients in Pennsylvania, Maryland, Tennessee, South Carolina, Florida and Georgia regarding strategies and funding for brownfields redevelopment projects
• Representing companies in Arkansas, South Carolina, Pennsylvania, New York, North Carolina and Georgia regarding compliance with Occupational Safety and Health compliance and related issues
• Representing companies in Colorado, New York and West Virginia regarding compliance with Mining Safety and Health compliance and related issues
• Obtaining federal and state authorizations under FIFRA to manufacture and distribute nationally pesticide and related device
• Advising companies regarding compliance with FIFRA, including authorizations to distribute and appropriate labeling and marketing information
• Assisting various companies in complying with TSCA, including pre-manufacture notifications, significant new use rules, recordkeeping and reporting requirements associated with manufacturing, importing, exporting, processing or distributing chemicals
• Advising hospitals and other medical facilities regarding medical waste issues and associated requirements and potential liabilities arising under the Clean Water Act, RCRA and CERCLA
• Defending hospital against allegations by New York Environmental Protection Agency regarding liability under state counterparts of RCRA and Clean Water Act related to disposal of pharmaceuticals
• Managing various RCRA corrective actions with EPA, Region IV, Georgia, Mississippi, Alabama, Kentucky, Tennessee and Florida
• Advising numerous companies regarding compliance with RCRA, including obtaining waivers from the definition of solid waste, regulatory impacts of process modifications and negotiating RCRA TSD, closure and post-closure permits
• Defending dry cleaner against emergency order under Georgia's Safe Drinking Water Act and Hazardous Site Response Act and related RCRA corrective action
• Lead EPA, Region IV, attorney for the Georgia TMDL litigation, Sierra Club v. John H. Hankinson, Jr.
• Lead EPA, Region IV, attorney for national De Minimis/De Micromis Settlement Initiative
  
• Product Liability and Product Safety Matters
  
• Counseling numerous manufacturers, importers and retailers regarding compliance with consumer product safety requirements, including the Consumer Product Safety Improvement Act of 2008
• Designing and managing national voluntary, fast track recalls for consumer products manufacturers and importers
• Counseling various manufacturers regarding compliance with numerous FDA requirements, including pharmaceutical and medical device approval processes and recalls, off-label drug use and related issues, food safety issues and recalls, issues associated with food additives
• Successfully defending product liability cases for international heavy equipment manufacturer, building products manufacturer, consumer products manufacturers
• Assisting national building products manufacturer with assessing potential product liability issues nationally and developing proactive strategy to avoid or minimize potential product liability claims

• Science Issues In Mold Litigation · ABA SEER, Special Committee on Science and Technology Newsletter, American Bar Association, 2002
• The ABCs of USTs · Journal of Golf Course Management, 1998
• Kinder and Gentler Superfund · Alabama Environmental Law Journal, 1994

• SaferProducts.gov: Six Months After Implementation , Association of Corporate Counsel, New Jersey Chapter, 9th Annual Full Day Conference, 2011
• SaferProducts.gov: What Will It Mean for Your Bottom Line?, Client Briefing, 2011
• SaferProducts.gov: What It is, What You Need to Know About it and How to Protect Your Company, Daily Report General Counsel Seminar, 2010
• Complying with Storm Water and Surface Water Management Regulations, Georgia Water Laws and Regulations, 2009
• Corporate Social Responsibility: Can Businesses Do Good and Well by "Going Green"?, Client Briefing, 2008
• Environmental Justice Case Studies: Key Environment Issues in EPA, Region IV, ABA SEER, 2003
• Clean Air Act: Prevention of Significant Deterioration, Client Briefing, 2002
• Management of Environmental Affairs, Client Briefing, 2001
• Introduction to RCRA, Executive Enterprises Spring and Summer Programs, 2001
• Introduction to RCRA, Executive Enterprises Fall Program, 2000
• Kinder and Gentler Superfund: New Directions in De Minimis Settlements, ABA SONREEL Briefing on Environmental issues in U.S. EPA, Region IV, 1994

• AV Preeminent Rated by Martindale-Hubbell
• Named a 2012 Top Rated Lawyer in energy, environmental and natural resources law by The American Counsel/Corporate Counsel