People

Randy Butterfield is a counsel in the Atlanta office of King & Spalding where he concentrates his practice on environmental, toxic tort, and product liability matters. Since joining the firm in 1999, he has handled numerous individual, mass joinder, and class action cases, both at the trial and appellate levels. Together, these cases have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims. Randy has also published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context, and has recently co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association. In addition, Randy currently serves on the Board of the Environmental and Toxic Tort Section for the Atlanta Bar Association.  Representative clients include Florida Power & Light, Columbian Chemicals, Honeywell, General Motors, GlaxoSmithKline and Lincoln Electric.  

Selected Publications & Presentations

  • Randy J. Butterfield & Stephen A. McCullers, Raising the Class Action Certification Bar in Georgia:  Georgia-Pacific Consumer Products, LP v. Ratner, Perspectives on Georgia’s Environment (State Bar of Georgia), Spring 2015, at 6-9.

  • Randy J. Butterfield, Recent & Recurring Issues in Toxic Tort Cases, State Bar of Georgia, Toxic Tort Litigation CLE, Mar. 2014.

  • J Kevin Buster & Randy J. Butterfield, Common Defenses (book chapter) in Toxic Tort Litigation (ABA 2d ed. 2013).

  • Randy J. Butterfield, Expert Evidence Under Georgia’s New Evidence Code, State Bar of Georgia, Environmental Law Section CLE, July 2013.

  • Randy J. Butterfield, Supreme Court Shows Little Affection for Ninth Circuit’s Decision in Los Angeles Stormwater Case, DRI Today, Dec. 2012.

  • Randy J. Butterfield, Environmental Toxic Injury Claims, Strafford Publications web seminar, Feb. 2012.

  • J Kevin Buster & Randy J. Butterfield, Recurring Issues in Environmental Toxic Tort Cases, For the Defense, Mar. 2011, at 39.

  • J Kevin Buster & Randy J. Butterfield, Understanding North Carolina v. Tennessee Valley Authority, Law360, Sept. 19, 2010 (Appellate, Energy, Environmental, and Product Liability newswires).

  • Randy J. Butterfield, The Intersection of Regulatory Standards for Chemical Substances and Traditional Toxic Torts, State Bar of Georgia, Toxic Tort Litigation CLE, Mar. 2009.

  • Randy J. Butterfield, Note, Recovering Environmental Cleanup Costs Under the Resource Conservation and Recovery Act:  A Potential Solution to a Persistent Problem, 49 Vand. L. Rev. 689(1997).
Full Bio

Credentials

J.D., Vanderbilt University

B.A., Arizona State University

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Northern District of Georgia

Law Clerk, Chief Judge Robert L. Echols, U.S. District Court for the Middle District of Tennessee

American Bar Association (Member, Section on Natural Resources, Energy and Environmental Law)

Atlanta Bar Association

State Bar of Arizona

State Bar of Georgia

Matters

Representing Florida Power & Light in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country.  Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.  

Representing a carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.

Successfully bringing litigation against the State of Georgia on behalf of a power plant developer to protect the confidentiality of a purchase and sale agreement worth tens of millions of dollars.  

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Matters

Representing Florida Power & Light in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country.  Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.  

Representing a carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.

Successfully bringing litigation against the State of Georgia on behalf of a power plant developer to protect the confidentiality of a purchase and sale agreement worth tens of millions of dollars.  

Representing Rayonier in a citizen suit alleging that its pulp mill’s discharge violated its NPDES permit.  Federal district court granted summary judgment on all counts.   

Representing defense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama.  Cases ultimately resolved in nuisance value settlements.

Serving as lead counsel on behalf of General Motors, DuPont, and BFI Waste Industries in a Superfund cost recovery action brought against the prior owners and operators of the Crymes Landfill. 

Representing the City of Atlanta and other local governments in the tri-state “water wars” litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida’s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.  

Representing GlaxoSmithKline in numerous lawsuits in Pennsylvania claiming personal injury and death caused by the prescription drug Paxil.

Representing DSM Chemicals North America, Inc. against claims for direct and vicarious liability related to the contamination of a former fertilizer manufacturing facility.  Following extensive fact and expert discovery, the district court granted summary judgment in favor of DSM on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.

Defending CERCLA cost recovery action brought against The Flint Group.  After demonstrating that an alternative cleanup standard should have been used in the remediation that would have significantly reduced the cost of cleanup, the property owner agreed to settle the case for 20% of the costs incurred.

RepresentingTexaco in the appeal of a $27 million jury verdict in a “dram shop” case asserting agency liability based upon the use of brand standards for independent service stations.  The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of Texaco.  

Defending the wastewater discharge permit issued by the Georgia Environmental Protection Division for Plant Washington, a proposed 800 MW $2.4 billion coal-fired power plant in Georgia.  

Representing Honeywell International Inc. in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from Honeywell’s former chlor-alkali plant.  

Representing General Motors in federal court in Indiana against toxic tort and medical monitoring claims brought by neighboring landowners.  After the district court granted summary judgment on the majority of plaintiffs’ claims, the case was settled on favorable terms.  

Representing Lincoln Electric Company and more than a dozen other manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who allege personal injury due to inhalation of manganese particles produced by the welding process. 

Representing a large automobile manufacturer in investigation by the U.S. Environmental Protection Agency of the unauthorized discharge of certain chemicals from a formerly-owned facility.  

Representing the Henry County Water and Sewerage Authority in state administrative appeal and federal court challenge to the Section 401 water quality certification and the Section 404 dredge and fill permit issued to the Authority for construction of a water supply reservoir.  

Defending the State of Georgia in several lawsuits brought by environmental groups regarding compliance with the Clean Air Act, including the successful defense of an action seeking to invalidate the $1.9 billion three-year transportation plan for the Atlanta area.

Insights

Article · Source: LexisNexis

December 18, 2018
LexisNexis Practice Guide: Georgia Environmental Law

View all

Matters

Representing Florida Power & Light in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country.  Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.  

Representing a carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.

Successfully bringing litigation against the State of Georgia on behalf of a power plant developer to protect the confidentiality of a purchase and sale agreement worth tens of millions of dollars.  

See more
Icon close

Close

Matters

Representing Florida Power & Light in toxic tort litigation involving approximately 150 residents living near Plant Scherer, one of the largest coal-fired power plants in the country.  Following oral argument on an early motion to dismiss, plaintiffs voluntarily dismissed all claims.  

Representing a carbon black manufacturer in mass joinder actions filed in West Virginia by hundreds of current and former neighbors, asserting nuisance, trespass, negligence and medical monitoring claims.

Successfully bringing litigation against the State of Georgia on behalf of a power plant developer to protect the confidentiality of a purchase and sale agreement worth tens of millions of dollars.  

Representing Rayonier in a citizen suit alleging that its pulp mill’s discharge violated its NPDES permit.  Federal district court granted summary judgment on all counts.   

Representing defense contractors in a putative personal injury and property damage class action seeking some $200 million for alleged exposure to lead, PCBs, and other chemicals associated with historic forge and foundry operations in Anniston, Alabama.  Cases ultimately resolved in nuisance value settlements.

Serving as lead counsel on behalf of General Motors, DuPont, and BFI Waste Industries in a Superfund cost recovery action brought against the prior owners and operators of the Crymes Landfill. 

Representing the City of Atlanta and other local governments in the tri-state “water wars” litigation involving Georgia, Alabama, and Florida, including the successful defense of Florida’s claims that the operation of Georgia reservoirs on the Chattahoochee River have harmed endangered species.  

Representing GlaxoSmithKline in numerous lawsuits in Pennsylvania claiming personal injury and death caused by the prescription drug Paxil.

Representing DSM Chemicals North America, Inc. against claims for direct and vicarious liability related to the contamination of a former fertilizer manufacturing facility.  Following extensive fact and expert discovery, the district court granted summary judgment in favor of DSM on all claims, a decision later affirmed by the U.S. Court of Appeals for the Fourth Circuit.

Defending CERCLA cost recovery action brought against The Flint Group.  After demonstrating that an alternative cleanup standard should have been used in the remediation that would have significantly reduced the cost of cleanup, the property owner agreed to settle the case for 20% of the costs incurred.

RepresentingTexaco in the appeal of a $27 million jury verdict in a “dram shop” case asserting agency liability based upon the use of brand standards for independent service stations.  The South Carolina Supreme Court reversed the jury verdict and rendered judgment in favor of Texaco.  

Defending the wastewater discharge permit issued by the Georgia Environmental Protection Division for Plant Washington, a proposed 800 MW $2.4 billion coal-fired power plant in Georgia.  

Representing Honeywell International Inc. in a mixture of class actions and individual lawsuits filed in state and federal courts concerning alleged mercury and PCB contamination from Honeywell’s former chlor-alkali plant.  

Representing General Motors in federal court in Indiana against toxic tort and medical monitoring claims brought by neighboring landowners.  After the district court granted summary judgment on the majority of plaintiffs’ claims, the case was settled on favorable terms.  

Representing Lincoln Electric Company and more than a dozen other manufacturers, distributors, or sellers of welding products in several Georgia cases brought on behalf of approximately 500 plaintiffs who allege personal injury due to inhalation of manganese particles produced by the welding process. 

Representing a large automobile manufacturer in investigation by the U.S. Environmental Protection Agency of the unauthorized discharge of certain chemicals from a formerly-owned facility.  

Representing the Henry County Water and Sewerage Authority in state administrative appeal and federal court challenge to the Section 401 water quality certification and the Section 404 dredge and fill permit issued to the Authority for construction of a water supply reservoir.  

Defending the State of Georgia in several lawsuits brought by environmental groups regarding compliance with the Clean Air Act, including the successful defense of an action seeking to invalidate the $1.9 billion three-year transportation plan for the Atlanta area.

Insights

Article · Source: LexisNexis

December 18, 2018
LexisNexis Practice Guide: Georgia Environmental Law

View all

Credentials

J.D., Vanderbilt University

B.A., Arizona State University

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Northern District of Georgia

Law Clerk, Chief Judge Robert L. Echols, U.S. District Court for the Middle District of Tennessee

American Bar Association (Member, Section on Natural Resources, Energy and Environmental Law)

Atlanta Bar Association

State Bar of Arizona

State Bar of Georgia