Randall J.
Butterfield
(Randy)

Representing an international chemical manufacturer in response to an explosion at its largest U.S. manufacturing facility, including helping to lead the emergency incident response and internal investigation as well as responding to regulatory inquiries by, among others, the State and Federal Occupational Safety and Health Administration (“OSHA”); State and Federal environmental agencies; the U.S. Chemical Safety and Hazard Investigation Board (“CSB”); and the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).

Representing the country’s largest specialty paper company following the catastrophic explosion of two continuous pulp digesters. Helped lead the team handling the emergency response, including handling the root cause investigation, successfully resolving investigations by OSHA, EPA, CSB, and numerous state regulatory agencies, and securing a significant settlement of its insurance claim.

Successfully resolved regulatory enforcement actions against a Fortune 100 company involving EPA’s Lead Renovation, Repair and Painting (“RRP”) Rule under the Toxic Substances Control Act (“TSCA”).

Represented large paper manufacturer following a catastrophic fire at its New Jersey production facility. Helped lead the core team that successfully resolved all State and Federal regulatory investigations and secured a significant settlement of its insurance claims.

Represented Rayonier Performance Fibers in securing renewal of the NPDES discharge permit for its Jesup pulp mill, the world's largest producer of cellulose specialty products. The permit had been reversed by the administrative law judge, who imposed a novel and unreasonable construction of the narrative water quality standard. That erroneous decision, which threatened the permitting program for all industrial and municipal dischargers in Georgia, was reversed on appeal, ultimately leading to affirmance of the renewed permit. Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC, 816 S.E.2d 125 (Ga. Ct. App. 2018), cert. denied (Aug. 5, 2019).

Defended Rayonier Performance Fibers in a citizen suit alleging that the pulp mill was violating its NPDES discharge permit. District court granted summary judgment in favor of Rayonier on all counts. Altamaha Riverkeeper, Inc. v. Rayonier, Inc., No. CV 214-44, 2015 U.S. Dist. LEXIS 42849 (S.D. Ga. Mar. 31, 2015).

Represented Sea Island Company in securing, and successfully defending to an Administrative Law Judge and then to Superior Court, the state Shore Protection Act permit for a controversial beach nourishment, dune construction, and groin project along three miles of beachfront property. In subsequent related litigation brought in federal court, obtained summary judgment upholding the contested permits. Altamaha Riverkeeper v. U.S. Army Corps of Eng’rs, No. CV 418-251, 2020 WL 5837650 (S.D. Ga. Sept. 30, 2020).

Represented a large electric utility company 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.

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.

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.

Represented DSM Chemicals against claims 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.

Represented Texaco 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.

Represented Honeywell International 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.

Represented 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.