EMAIL:
PHONE: 404-812-0841
Office Address:
1200 Peachtree Street, N.E
Suite 600
Atlanta, GA 30309
University of Georgia School of Law
(J.D., 1998)
Georgia Institute of Technology
(B.C.E., 1994)
Georgia
Lawyer Monthly Magazine, "Women in Law Award – Environmental" (2019)
Chambers USA, America’s Leading Lawyers for Business – Environmental Law
Listed in The Best Lawyers in America® for Environmental Law and Environmental Litigation (2018–Present)
Georgia Trend, "Legal Elite" (2018–Present)
Institute of Georgia Environmental Leadership Class of 2018
Past Chair of the Environmental and Toxic Tort Section of the Atlanta Bar Association
Kimberley Hale regularly advises industrial clients, developers, and local governments on state and federal environmental compliance, permitting and enforcement matters. Utilizing her environmental engineering background, Kimberley has a particular expertise with regard to solid waste management and stormwater compliance. Kimberley serves as outside counsel for various national lenders and real estate investment firms, aiding in the risk assessment of potential environmental impacts on real property located in all fifty states. Her practice also includes routinely advising clients regarding environmental risks in merger and acquisition transactions. In addition to her transactional and regulatory work, Kimberley has significant experience in defending citizen suits brought under the Clean Water Act and other related land use and zoning litigation.
Although Kimberley’s practice includes environmental issues for property and industries located all across the country, she is recognized as a leader in Georgia environmental law. Kimberley is a past chair of the Atlanta Bar’s Environmental & Toxic Tort Section and is a 2018 graduate of the Institute for Georgia Environmental Leadership. She regularly speaks at the Georgia State Bar Environmental Law Section Annual Seminar, Georgia Environmental Conference, and the Georgia Brownfield Association annual seminar.
Prior to law school, Kimberley obtained her civil engineering degree from the Georgia Institute of Technology and worked as an environmental engineer with an Atlanta private consulting firm designing solid waste landfills, stormwater management, and state and federal roadways. Before beginning her legal practice at McKenna Long & Aldridge LLP (now Dentons US LLP, an Am Law 100 Firm), Kimberley clerked for Chief Judge G. Ernest Tidwell for the Northern District Court of Georgia.
Lawyer Monthly Magazine, "Women in Law Award – Environmental" (2019)
Chambers USA, America’s Leading Lawyers for Business – Environmental Law
Listed in The Best Lawyers in America® for Environmental Law and Environmental Litigation (2018–Present)
Georgia Trend, "Legal Elite" (2018-Present)
Institute of Georgia Environmental Leadership Class of 2018
Past Chair, Environmental and Toxic Tort Section of the Atlanta Bar Association
Kimberley regularly speaks at conferences regarding a multitude of environmental matters including M&A due diligence, risk strategies in lending, vapor intrusion guidance, stormwater compliance, Brownfield programs and tax abatements, and citizen suit disputes. Recently, Kimberley has been a guest speaker at the NBI Land Use Seminar, the Environmental Banker’s Association, the Georgia State Bar Environmental Section Conference, the Georgia Water Use Convention, and the Georgia Environmental Conference.
General environmental counsel for gas utility company. Matters include advising on issues related to former manufactured gas plant sites and compliance issues related to capture, storage and distribution of landfill gas.
General environmental counsel for regional chemical company. Matters involve various environmental compliance and permitting issues (air, wastewater and stormwater) as well as the successful acquisition of 755 acre coastal chemical plant complex from federal bankruptcy, including admission of property into Georgia’s Brownfield Program resulting in full liability protection and acquisition of a second chemical plant facility including Title V air permit and negotiation of protective contract provisions.
General environmental counsel for a national chemical adhesive company advising on environmental regulatory compliance matters. Representation has included negotiations with state environmental regulatory agency regarding NPDES permitting compliance as well as sale of former manufacturing plant property.
National environmental counsel for industrial investment group. Matters have included advising on environmental due diligence prior to property acquisition or sale, negotiation of contract and insurance terms that limit the client’s liability for historical contamination, and coordination with tenants and state agencies to complete any required remediation.
Represented Fortune 500 company with regard to historical on-site solid waste handling and related Georgia EPD enforcement action. Successfully negotiated a limited corrective action greatly reducing costs and was able to eliminate all proposed penalties. Also advised client with regard to stormwater permitting, wetlands, and stream buffer concerns related to proposed plant expansion.
Represented Fortune 100 company in successful Section 404 permitting matter to allow for expansion of manufacturing plant. Counseling included assessment of wetland and stream buffer areas.
Represented eastern regional solid waste hauler company in sale to integrated waste services corporation, whose operations included solid waste collection, transfer, disposal and recycling services in secondary markets of the Western U.S. Counseling included preparation of environmental due diligence as well as advice on transfer of NPDES permits and relevant contract warranties and environmental indemnities.
Successfully defended citizen suit under Clean Water Act on behalf of asphalt manufacturing company. Representation resulted in no enforcement action or penalties by state agency under the applicable NPDES stormwater permit and related regulations.
National environmental counsel for a commercial real estate asset management firm advising on best strategies to address potential environmental concerns for collateral during loan origination. Counseling includes review of Phase I reports, planning of additional assessment, drafting of legal opinions regarding the risks related to identified environmental concerns, review of related environmental insurance policies, and drafting of environmental terms for loan agreement.
National environmental counsel for CMBS special servicer advising on environmental due diligence for distressed assets located in all fifty states prior to foreclosure or substitution of collateral. Such review includes coordination of a large team of environmental consultants, review of Phase I reports, planning of additional assessment, and drafting of legal opinions regarding any environmental concerns and the best strategy for taking of title.
Represented Georgia manufacturer and distributor of various industrial chemicals in successful sale of company to private equity investor.
Representation included negotiating limited liability and indemnities for client related to onsite waste areas.
General environmental counsel in private equity mergers involving one of North America's largest integrated manufacturers and converters of recycled paperboard products. Representation included permit transfers, new permit applications, and review and coordination of all environmental due diligence.
General environmental counsel for two Georgia counties. Matters include reviewing and revising county solid waste management plans and state and federal litigation and permit appeals related to proposed solid waste landfill facilities.