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Professionals

George L. Seay, Jr.

Partner

P 859-288-7448 F 859-259-0649

250 West Main Street
Suite 1600
Lexington, KY 40507

 

120 West Spring Street
Suite 300
New Albany, IN 47150

George Seay is a member of the Firm's Natural Resources & Environmental Service Team.  He concentrates his practice in the areas of environmental, mineral, natural resources and administrative law.

George L. Seay,

Location

250 West Main Street
Suite 1600
Lexington, KY 40507

120 West Spring Street
Suite 300
New Albany, IN 47150

Representative Matters

Mr. Seay has handled environmental litigation, enforcement, and permitting matters for clients under all major federal, state and local regulatory programs including SMCRA, CERCLA, RCRA, TSCA, Clean Water Act, Clean Air Act and toxic tort litigation.  He has particularly been involved in the United States Environmental Protection Agency's dioxin reassessment process on behalf of clients, including research and comments on proposed rules and policies of the United States EPA.  Some of his significant representations include the following:

  • Southdown, Inc., et al. v. Leslie S. Allen, S. District Court for the Northern District of Alabama, Southern Division. Superfund/RCRA action involving over two hundred PRPs. We were able to obtain dismissals of our clients with minimal contribution through negotiation with the parties and after litigation motion practice. The ultimate agreement and final order of the U.S. District Court was upheld in the 11th Circuit Court of Appeals.
  • Martin County Coal Corporation, United States EPA, Region 4. Represented Martin County Coal Corporation in several diverse regulatory actions stemming from the nation's largest coal slurry release in which millions of gallons of slurry were recorded. The slurry escaped and contaminated streams, water supplies and properties from Wolf Creek and Coldwater Fork to the Ohio River. We negotiated settlement for remediation with the United States EPA, Kentucky Department of Natural Resources and Environmental Protection, Kentucky Division of Surface Mining Reclamation and Enforcement, and the State of West Virginia. The negotiations included remediation and penalties. This was the first natural resources damages case in Kentucky.
  • Natural Resources and Environmental Protection Cabinet v. Robert H. Goodwin, et al., United States EPA, Region 4. Superfund action involving dozens of PRPs. We negotiated a Consent Decree with the United States EPA and represented our client in a companion state administrative matter in which we obtained a dismissal.
  • Nutone, Inc. v. Textron, Inc. v. Scovill, Inc., et al., U.S. District Court, Eastern District of Kentucky. Private recovery action in U.S. District Court in which we were able to obtain contribution. There were also state and federal regulatory actions, as well as Kentucky state court cases, arising from this matter. Claims were for chlorinated solvent and metals contamination to soils and groundwater.
  • Natural Resources and Environmental Protection Cabinet v. Primary Recovery Corporation, et al. A state superfund action against PRPs regarding an aluminum dross recovery site. We negotiated with other PRPs and obtained a favorable result for our client. We were also able to recover the majority of our client's contribution by litigating a claim against a PRP who had sought bankruptcy protection. Other PRPs failed to follow through in the bankruptcy matter and our client was the beneficiary of a substantial reimbursement.
  • United States of America, et al. v. Mary Ruth Smith, et al., U.S. District Court, Western District of Kentucky. This was a superfund case in which we successfully represented PRPs in the remediation of the site, one of the largest in Kentucky.
  • Hemco, Inc., By and Through its Distributee, The Cecil C. Harp Trust (Commerce National Bank, Trustee), et al. v. General Housewares Corp., et al., Fayette Circuit Court. Arose out of our successful defense in an administrative case in which our client, a subsequent owner, was dismissed from remediation liability. This case involved a complex claim of liability against our client for contamination caused by a previous property owner. We were successful in defeating the claim for contribution and for regulatory liability for groundwater contamination from chlorinated solvents.
  • LWD, Inc. v. EPA and Carol M. Browner, U.S. Court of Appeals for the District of Columbia Circuit. Challenge to MACT standards. We represented our client, along with multiple other plaintiffs, in an action regarding the promulgation of the MACT standards for incineration. A negotiated settlement of the final regulations was obtained.
  • LWD, Inc. v. U.S. EPA, 6th Circuit Court of Appeals. Challenge to draft permit conditions and requirements with regard to, among other issues, 42 U.S.C. 3013 and 3004.
  • Eaqle Industries, LLC, U.S. Environmental Protection Agency, Region 4. Successfully negotiated with federal regulators the terms of a modified Title V Permit and the conditions of waste handling practices for a furniture manufacturer.
  • Rockwell International Corporation, Multiple cases. Private actions as well as regulatory compliance surrounding discharge of PCBs into waterways of Kentucky. One of the largest PCB stream contamination sites in the country. Ongoing litigation, negotiation and remediation with private property owners and regulators. The matter involved U.S. District and 6th Circuit Court of Appeals issues as well as Kentucky Environmental and Public Protection Cabinet and Kentucky Court of Appeals cases. The toxic tort property damage case, which resulted in a $212,000,000 award for plaintiffs, was reversed and the reversal was recently confirmed by the Kentucky Supreme Court.
  • American Greetings Represented client in a variety of environmental matters including RCRA compliance and air permitting matters.
  • Westlake Chemicals Corporation Represented client in environmental matters before Environmental and Public Protection Cabinet including RCRA, water and air compliance and permitting matters, and transactional support for purchasing manufacturing facilities and other transactional matters.

Professional Experience

  • Chief Law Clerk for the Kentucky Court of Appeals (Kentucky Supreme Court), 1973-74
  • Departmental Attorney for the Kentucky Natural Resources and Environmental Protection Cabinet, 1975-78
  • Partner in Zaluski & Seay, concentrating in environmental matters, 1978-84

Honors

Best Lawyers Generic Honor LogoSuper Lawyers 2013 Logo

  • Woodward/White’s The Best Lawyers in America® Environmental Law, 2013-2014
  • Recognized by his peers in Kentucky's Super Lawyers® 2013

Education

1973 - J.D., University of Louisville School of Law

1970 - B.A., Hanover College

Seminars

Mr. Seay is a regularly featured speaker at a number of professional and trade organization seminars including: 

  • Kentucky Bar Association's Annual Convention
  • Energy and Mineral Law Foundation
  • Government Institutes' Environmental Law Conference
  • Environmental forums sponsored by the Kentucky Chamber of Commerce
  • NBI sponsored CLE programs
  • Kentucky EXCEL and Wyatt, Tarrant & Combs Environmental Update

Professional Activities and Memberships

  • Kentucky and American Bar Associations' Natural Resources Section
  • Vice Chair of the American Bar Association, Section of Environment Energy and Resources, Waste Committee, and Vice Chair of Sate and Regional Cooperation
  • Fayette County, Franklin County, Louisville and Indiana Bar Associations
  • Energy & Mineral Law Foundation
  • Kentucky Coal Association, Environmental Committee
  • Director, Kentuckians for Better Transportation, 2008
  • Franklin County Chamber of Commerce
  • Kentucky Chamber of Commerce, Environmental Committee

Admissions

  • Kentucky
  • Indiana
  • United States District Court, Eastern and Western Districts of Kentucky
  • United States District Court, Northern District of Alabama
  • United States Court of Appeals, Sixth and Eleventh Circuits 
  • United States Court of Appeals, District of Columbia
  • United States Supreme Court

Civic Involvement

  • Bluegrass Theatre Guild (past President)
  • Elder, South Frankfort Presbyterian Church
  • Past Chairman, Capital Day School
  • Committee Member, Frankfort KY, Bicentennial Celebration

Representative Matters

Mr. Seay has handled environmental litigation, enforcement, and permitting matters for clients under all major federal, state and local regulatory programs including SMCRA, CERCLA, RCRA, TSCA, Clean Water Act, Clean Air Act and toxic tort litigation.  He has particularly been involved in the United States Environmental Protection Agency's dioxin reassessment process on behalf of clients, including research and comments on proposed rules and policies of the United States EPA.  Some of his significant representations include the following:

  • Southdown, Inc., et al. v. Leslie S. Allen, S. District Court for the Northern District of Alabama, Southern Division. Superfund/RCRA action involving over two hundred PRPs. We were able to obtain dismissals of our clients with minimal contribution through negotiation with the parties and after litigation motion practice. The ultimate agreement and final order of the U.S. District Court was upheld in the 11th Circuit Court of Appeals.
  • Martin County Coal Corporation, United States EPA, Region 4. Represented Martin County Coal Corporation in several diverse regulatory actions stemming from the nation's largest coal slurry release in which millions of gallons of slurry were recorded. The slurry escaped and contaminated streams, water supplies and properties from Wolf Creek and Coldwater Fork to the Ohio River. We negotiated settlement for remediation with the United States EPA, Kentucky Department of Natural Resources and Environmental Protection, Kentucky Division of Surface Mining Reclamation and Enforcement, and the State of West Virginia. The negotiations included remediation and penalties. This was the first natural resources damages case in Kentucky.
  • Natural Resources and Environmental Protection Cabinet v. Robert H. Goodwin, et al., United States EPA, Region 4. Superfund action involving dozens of PRPs. We negotiated a Consent Decree with the United States EPA and represented our client in a companion state administrative matter in which we obtained a dismissal.
  • Nutone, Inc. v. Textron, Inc. v. Scovill, Inc., et al., U.S. District Court, Eastern District of Kentucky. Private recovery action in U.S. District Court in which we were able to obtain contribution. There were also state and federal regulatory actions, as well as Kentucky state court cases, arising from this matter. Claims were for chlorinated solvent and metals contamination to soils and groundwater.
  • Natural Resources and Environmental Protection Cabinet v. Primary Recovery Corporation, et al. A state superfund action against PRPs regarding an aluminum dross recovery site. We negotiated with other PRPs and obtained a favorable result for our client. We were also able to recover the majority of our client's contribution by litigating a claim against a PRP who had sought bankruptcy protection. Other PRPs failed to follow through in the bankruptcy matter and our client was the beneficiary of a substantial reimbursement.
  • United States of America, et al. v. Mary Ruth Smith, et al., U.S. District Court, Western District of Kentucky. This was a superfund case in which we successfully represented PRPs in the remediation of the site, one of the largest in Kentucky.
  • Hemco, Inc., By and Through its Distributee, The Cecil C. Harp Trust (Commerce National Bank, Trustee), et al. v. General Housewares Corp., et al., Fayette Circuit Court. Arose out of our successful defense in an administrative case in which our client, a subsequent owner, was dismissed from remediation liability. This case involved a complex claim of liability against our client for contamination caused by a previous property owner. We were successful in defeating the claim for contribution and for regulatory liability for groundwater contamination from chlorinated solvents.
  • LWD, Inc. v. EPA and Carol M. Browner, U.S. Court of Appeals for the District of Columbia Circuit. Challenge to MACT standards. We represented our client, along with multiple other plaintiffs, in an action regarding the promulgation of the MACT standards for incineration. A negotiated settlement of the final regulations was obtained.
  • LWD, Inc. v. U.S. EPA, 6th Circuit Court of Appeals. Challenge to draft permit conditions and requirements with regard to, among other issues, 42 U.S.C. 3013 and 3004.
  • Eaqle Industries, LLC, U.S. Environmental Protection Agency, Region 4. Successfully negotiated with federal regulators the terms of a modified Title V Permit and the conditions of waste handling practices for a furniture manufacturer.
  • Rockwell International Corporation, Multiple cases. Private actions as well as regulatory compliance surrounding discharge of PCBs into waterways of Kentucky. One of the largest PCB stream contamination sites in the country. Ongoing litigation, negotiation and remediation with private property owners and regulators. The matter involved U.S. District and 6th Circuit Court of Appeals issues as well as Kentucky Environmental and Public Protection Cabinet and Kentucky Court of Appeals cases. The toxic tort property damage case, which resulted in a $212,000,000 award for plaintiffs, was reversed and the reversal was recently confirmed by the Kentucky Supreme Court.
  • American Greetings Represented client in a variety of environmental matters including RCRA compliance and air permitting matters.
  • Westlake Chemicals Corporation Represented client in environmental matters before Environmental and Public Protection Cabinet including RCRA, water and air compliance and permitting matters, and transactional support for purchasing manufacturing facilities and other transactional matters.

Professional Experience

  • Chief Law Clerk for the Kentucky Court of Appeals (Kentucky Supreme Court), 1973-74
  • Departmental Attorney for the Kentucky Natural Resources and Environmental Protection Cabinet, 1975-78
  • Partner in Zaluski & Seay, concentrating in environmental matters, 1978-84

Honors

Best Lawyers Generic Honor LogoSuper Lawyers 2013 Logo

  • Woodward/White’s The Best Lawyers in America® Environmental Law, 2013-2014
  • Recognized by his peers in Kentucky's Super Lawyers® 2013

Education

1973 - J.D., University of Louisville School of Law

1970 - B.A., Hanover College

Seminars

Mr. Seay is a regularly featured speaker at a number of professional and trade organization seminars including: 

  • Kentucky Bar Association's Annual Convention
  • Energy and Mineral Law Foundation
  • Government Institutes' Environmental Law Conference
  • Environmental forums sponsored by the Kentucky Chamber of Commerce
  • NBI sponsored CLE programs
  • Kentucky EXCEL and Wyatt, Tarrant & Combs Environmental Update

Professional Activities and Memberships

  • Kentucky and American Bar Associations' Natural Resources Section
  • Vice Chair of the American Bar Association, Section of Environment Energy and Resources, Waste Committee, and Vice Chair of Sate and Regional Cooperation
  • Fayette County, Franklin County, Louisville and Indiana Bar Associations
  • Energy & Mineral Law Foundation
  • Kentucky Coal Association, Environmental Committee
  • Director, Kentuckians for Better Transportation, 2008
  • Franklin County Chamber of Commerce
  • Kentucky Chamber of Commerce, Environmental Committee

Admissions

  • Kentucky
  • Indiana
  • United States District Court, Eastern and Western Districts of Kentucky
  • United States District Court, Northern District of Alabama
  • United States Court of Appeals, Sixth and Eleventh Circuits 
  • United States Court of Appeals, District of Columbia
  • United States Supreme Court

Civic Involvement

  • Bluegrass Theatre Guild (past President)
  • Elder, South Frankfort Presbyterian Church
  • Past Chairman, Capital Day School
  • Committee Member, Frankfort KY, Bicentennial Celebration
George L. Seay,