Wray is a partner in the firm's Environmental practice group. His practice includes defense of federal, state and local government enforcement actions and private party environmental litigation, environmental permitting, site remediations, regulatory compliance counseling and environmental management systems, environmental audits, commenting on rulemakings, and counsel in connection with business and real estate acquisitions and sales.
Specific Industry Experience
Electric Utility, Pulp and Paper, Foundry, Automotive, Chemical, Fluids Management Systems, Precision Rubber Parts, Airports, Plumbing and Wastewater Services, Plumbing Fixture Manufacturing, Aerospace, Waste Management, Large Appliance Manufacturing, Highway Construction Components, Lawn and Garden Product Manufacturing
- Georgetown University Law Center, J.D., 1980
- Denison University, B.A., 1977, Phi Beta Kappa
Defense of civil, administrative and criminal enforcement proceedings.
- Defense of criminal prosecutions in connection with alleged: unlawful industrial wastewater discharges to storm sewers; drum burial in a national park; tampering with wastewater sampling protocols; poultry operation waste management.
- Representation of "Potential Responsible Parties" in numerous state and federal CERCLA site proceedings; lead counsel in contribution cost recovery actions.
- Defense of Clean Water Act, RCRA and Clean Air Act citizen suits.
- Defense of state asbestos demolition enforcement action.
- Representation of seller in post-sale cleanup cost recovery action under state and federal environmental statutes and state common law.
- Defense of citizen challenge of pulp and paper plant Sludge Management Plan approval.
- Defense of state and federal agency air emission, wastewater, solid and hazardous waste, civil and administrative enforcement actions.
- Successful challenge of Ohio EPA rejection of Industrial Water Pollution Control Certificate.
- Regulatory Counseling/Permitting
Environmental audits, development of environmental management systems.
- Preparation of electric utility comments on various USEPA rulemakings.
- Representation of municipality in transition of Department of Defense facility to private ownership and redevelopment.
- Title V air permitting of pulp and paper facility, mineral processing facility.
- NPDES permitting and permit appeals.
- Issuance of "rush" air emission permits to install.
- RCRA hazardous waste facility closures and corrective actions.
- Transfer of environmental permits and authorizations in connection with changes in facility ownership.
- Negotiation of terms and conditions and cleanup standards in connection with industrial site remediations.
Due diligence (often involving Phase I and Phase II environmental site assessments), negotiation and strategic planning with respect to environmental issues in corporate and real estate acquisitions and sales. Representative experiences include:
- Acquisition of 14 pharmaceutical and cosmetics manufacturing facilities located in six countries.
- Leveraged buy-out of highway construction and chemical manufacturer with 72 facilities in 25 states.
- Acquisition of 3 foundry plants in Italy.
- Purchase and environmental remediation of former bicycle manufacturing facility.
- Sale (but retention of environmental cleanup responsibilities) of chemical manufacturing business with facilities in California, Texas, New Jersey and Ohio the transfer of the New Jersey facility triggered cleanup requirements under the state ISRA program.
- Representation of automotive manufacturer in an engine plant joint venture.
- Representation of lender and financing of Brownfield site.
Professional & Civic Involvement
Dayton Culture Works
National Association of Manufacturers · Environmental Committee
Ohio State Bar Association · Environmental Law Committee
Dayton Bar Association · Past Chair, Environmental Law Committee
Dayton Chamber of Commerce · Past Chair, Environmental Committee
Southwest Ohio Chapter of Air and Waste Management Association
Ohio Trade Association for Pulp and Paper Industry
Montgomery Greene County Local Emergency Response Council · Past Member
City of Dayton Brownfield Redevelopment Authority · Past Member
Regular speaker at Bar Association functions and seminars
Culture Works · Board of Directors · 2005 - present
Oakwood Athletic Boosters · President of Board of Trustees · 2012-2013
Dayton Art Institute Associate Board · 1999 - 2002
Wright State University Environmental Sciences Advisory Board · Past Member
- Recent Thompson Hine Environmental Updates:
- "Greenhouse Gas Update: Endangerment Finding and Tailoring Rule Upheld What Does it Mean for Business?" (July 2012)
- "Ohio Issues General Permit for Shale Drilling and Production" (January 2011)
- "Industry Scores Victory Related to Greenhouse Gas Emissions in Long-Awaited AEP Decision" (June 2011)
- "Copenhagen Climate Conference Was Anything Accomplished?" (June 2010)
- "EPA Issues Tailoring Rule Regulating Largest Sources of Carbon Dioxide Emissions" (May 2010)
- "Was Chicken Little Right" Recent Developments in Air Pollution Law" (January 2010)
- "EPA Announces Greenhouse Gas Endangerment Finding" (December 2009)
- "Increasing State and Federal Regulation of E-Wastes" (April 2009)
- Co-Editor and contributing author, "Ohio Environmental Law Practice Manual" (LexisNexis 2007-2012 Editions)
- "SEC Issues Interpretive Guideline on Climate Change Disclosure for Public Companies," Environmental 360 (January 2010)
- "Regulation in the Air" Scrap Magazine (January February 2010)
- "E-Waste Not, Want Not", Environmental Manager's Compliance Advisor (May 2009)
- "The Threat of Vapor Intrusion" Scrap July/August 2008
- "Sorting Out SREA" Scrap 2007
- "Environmental Regulation" Ohio Real Property Law and Practice 1997
- Co-Author, "Environmental Crime Prevention" Chemical Engineering 1994
- Co-Author, "Ohio's Title V Operating Permits" Thompson Publishing Group 1994
- Co-Author, "Clean Air Act Compliance Handbook" 1992
- Co-Author, "Clean Water Act Update" 1987
- "The Threat of Vapor Intrusion" · Scrap, July/August 2008
- "Sorting Out SREA" · Scrap, 2007
- "Environmental Regulation", Ohio Real Property Law and Practice, 1997
- Co-Author, "Environmental Crime Prevention", Chemical Engineering, 1994
- Co-Author, "Ohio's Title V Operating Permits", Thompson Publishing Group, 1994
- Co-Author, "Clean Air Act Compliance Handbook", 1992
- Co-Author, "Clean Water Act Update", 1987
- "Ohio Regulatory Update", Ohio Chemistry Technology Council, August 29, 2011
- "Climate Change Legislation and Regulatory Update", Dayton Business Journal's Shades of Green Seminar, April 22, 2010
- "Climate Change and Carbon Management Programs", Cincinnati Bar Association, October 14, 2009
- "Climate Change: Legislative, Judicial, and Regulatory Pressure", Webinar Co-Sponsored by Thompson Hine and August Mack Environmental, June 24, 2009
- "How Healthy is Your Environmental Compliance Program", Webinar jointly sponsored with August Mack, April 17, 2008
- "Becoming an Expert on Being an Expert Witness", American Institute of Geologists, Columbus, September 27, 2007
- "Superfund Survival Guide: SREA", Institute of Scrap Recycling Industries 2007 Convention (New Orleans), April 20, 2007
- "Energy from Waste: Opportunities and Challenges", Webinar jointly sponsored with the Gowlings firm (Canada), January 23, 2007
- "Brownfields Redevelopment: Tools for Successful Projects", Thompson Hine Conference, February 15, 2006
- "Clean Water Act and Other Water Laws: Making Sense of it All", Thompson Hine Briefing, September 15, 2005
- "Shipping Hazardous Materials", Whirlpool Corporation Environmental, Health and Safety Leadership Conference, May 5, 2005
- "Clearing the Air: A History of Clean Air Act Legislation and Regulation", Ohio State Bar Association Environmental Law Committee Annual Seminar, April 28, 2005
- "On the Hot Seat: Title V and the Responsible Official", GT Environmental Inc. - Thompson Hine LLP Seminar, November 13, 2003
- "Clean Air Act Update: Federal Initiatives", Ohio State Bar Association Environmental Law Committee Annual Environmental Law Seminar, April 25, 2003
- Addressing Mold Liability Risks, Lorman Education Services Seminar, December 11, 2002
- Mold - The Latest Pitfall for the Unwary, Thompson Hine Breakfast Briefing, July 11, 2002
- Chair of the Air & Solid Waste Association's, "Current Air Issues - Regional Air Pollution Control Agency", May 22, 2002
- Overview of RCRA and CERCLA, Ohio TAPPI and Dayton Chamber of Commerce Seminar, January 31, 2002
- Air Pollution Control: Recent Developments and Update, Ohio State Bar Association Environmental Law Committee Annual Environmental Law Seminar, May 4, 2000
- Brownfields Ohios New Redevelopment Tool, Ohio State Bar Association Annual Convention, May 1998
- We're Throwing a CERCLA Party and You're Invited, Ohio State Bar Association Annual Convention, June 1997
- Ohio Air Regulation Developments, Ohio State Bar Association Environmental Law Committee Annual Environmental Law Seminar, May 3, 1996
- A Practical Guide to Environmental Regulation in Ohio, National Business Institute, October 19, 1995
- Issues in Ohio Air Permitting, Dayton Bar Association Seminar, September 27, 1995
- Air Pollution Control Equipment for Title V, Ohio Chamber of Commerce Seminar, April 6, 1995
- Named a 2012 Top Rated Lawyer in energy, environmental and natural resources law by The American Counsel/Corporate Counsel
- Chambers USA: America's Leading Lawyers for Business, 2005 - 2012 Environmental
- The Best Lawyers in America - Recognized for more than 10 years
- Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine 2005-2013