Overview

Wray is the partner-in-charge of our Dayton office and a partner in our 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

Experience
Litigation

Defense of civil, administrative and criminal enforcement proceedings.
Cases include:

  • 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 a seller in post-sale cleanup cost recovery action under state and federal environmental statutes and state common law.
  • Defense of a 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 the 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.
Transactions

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 three foundry plants in Italy.
  • Purchase and environmental remediation of a former bicycle manufacturing facility.
  • Sale (but retention of environmental cleanup responsibilities) of a 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 an automotive manufacturer in an engine plant joint venture.
  • Representation of the lender and financing of a Brownfield site.
Publications
Presentations
  • "Ohio Regulatory Update," Ohio Chemistry Technology Council, August 2011
  • "Climate Change Legislation and Regulatory Update," Dayton Business Journal's Shades of Green Seminar, April 2010
  • "Climate Change and Carbon Management Programs," Cincinnati Bar Association, October 2009
  • "Climate Change: Legislative, Judicial, and Regulatory Pressure," webinar co-sponsored by Thompson Hine and August Mack Environmental, June 2009
  • "How Healthy is Your Environmental Compliance Program," webinar jointly sponsored with August Mack, April 2008
  • "Becoming an Expert on Being an Expert Witness," American Institute of Geologists, Columbus, September 2007
  • "Superfund Survival Guide: SREA," Institute of Scrap Recycling Industries 2007 Convention, New Orleans, April 2007
  • "Energy from Waste: Opportunities and Challenges," webinar jointly sponsored with the Gowlings firm (Canada), January 2007
  • "Brownfields Redevelopment: Tools for Successful Projects," Thompson Hine Conference, February 2006
  • "Clean Water Act and Other Water Laws: Making Sense of it All," Thompson Hine Briefing, September 2005
  • "Shipping Hazardous Materials," Whirlpool Corporation Environmental, Health and Safety Leadership Conference, May 2005
  • "Clearing the Air: A History of Clean Air Act Legislation and Regulation," Ohio State Bar Association Environmental Law Committee Annual Seminar, April 2005
  • "On the Hot Seat: Title V and the Responsible Official," GT Environmental Inc., Thompson Hine LLP Seminar, November 2003
  • "Clean Air Act Update: Federal Initiatives," Ohio State Bar Association Environmental Law Committee Annual Environmental Law Seminar, April 2003
  • "Addressing Mold Liability Risks," Lorman Education Services Seminar, December 2002
  • "Mold – The Latest Pitfall for the Unwary," Thompson Hine Breakfast Briefing, July 2002
  • "Current Air Issues – Regional Air Pollution Control Agency," chair, Air & Solid Waste Association, May 2002
  • "Overview of RCRA and CERCLA, "Environmental Crime Prevention," Chemical Engineering," Ohio TAPPI and Dayton Chamber of Commerce Seminar, January 2002
  • "Air Pollution Control: Recent Developments and Update," Ohio State Bar Association Environmental Law Committee Annual Environmental Law Seminar, May 2000
  • "Brownfields - Ohio's 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 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 1995
  • "Air Pollution Control Equipment for Title V," Ohio Chamber of Commerce Seminar, April 1995
Distinctions
  • 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
  • Chambers USA: America's Leading Lawyers for Business, 2005 to 2017, Environmental
  • Recognized for more than 10 years, The Best Lawyers in America, recognized in Best Lawyers 2016 Lawyer of the Year 
  • Selected for inclusion in Super Lawyers by Ohio Super Lawyers magazine, 2005 to 2017
Professional and Civic

Professional Associations

  • 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

Community Activities

  • 2016 Campaign for Equal Justice Awards Gala, Co-Chair
  • Culture Works, Board of Directors, 2005 to present
  • Oakwood Athletic Boosters, Board of Trustees, president, 2012 to 2013
  • Dayton Art Institute Associate Board, 1999 to 2002
  • Wright State University Environmental Sciences Advisory Board, past member

Professional Activities

  • Regular speaker at bar association functions and seminars
News