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 Randy Butterfield is a partner in King & Spalding’s Environmental, Health, and Safety Practice Group where he concentrates his practice on environmental, toxic tort, and emergency incident response 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. Likewise, he has litigated or otherwise successfully resolved numerous environmental regulatory matters, including, among others, defending a permit authorizing a real estate developer to take protective measures safeguarding oceanfront property worth in excess of $1 billion; defending wastewater permits essential to the ongoing operation of the world’s largest cellulose specialties plant; and resolving serious civil and criminal government investigations involving environmental and work-place incidents. Together, these matters have involved nearly every major piece of environmental legislation as well as the entire spectrum of common law tort claims.

Over the past decade, Randy’s practice has focused increasingly on assisting clients in the wake of catastrophic emergency incidents, such as explosions, fires, industrial accidents, chemical releases, spills, and other environmental and industrial calamities. Randy is frequently called upon in the immediate aftermath of these emergencies to provide time-critical crisis management addressing a wide range of pressing concerns, including forensic investigation; workplace safety; site security and evidence preservation; regulatory disclosures, investigation, and potential enforcement; environmental remediation; internal investigations; and insurance notices and coverage. Recent incidents on which Randy has helped lead the response have involved over $2 billion in property damages, business losses, and insurance claims; significant personal injury lawsuits; and exacting scrutiny and potential enforcement actions from federal and state regulators.

Randy has published several articles involving the potential application and use of federal and state regulatory standards in the toxic tort context as well as co-authored a chapter on legal defenses in toxic tort cases in a treatise published by the American Bar Association. He has also co-authored a chapter on environmental administrative appeals in a treatise published by LexisNexis. Randy previously served as Board Chair for the Environmental and Toxic Tort Section for the Atlanta Bar Association. In 2021, Randy was named to Law360’s Environmental Editorial Advisory Board.

BOOKS, ARTICLES & PRESENTATIONS

  • .LexisNexis Practice Guide: Georgia Environmental Law, Dec. 2019, updated 2020
  • Randy J. Butterfield, moderator, Roundtable with Georgia Office of State Administrative Hearing Judges & Litigants, Atlanta Bar Association, Toxic Tort and Environmental Law CLE, Feb. 1, 2018
  • 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. Court of Appeals for the Fourth 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, Section on Natural Resources, Energy and Environmental Law

Atlanta Bar Association, Environmental and Toxic Tort Section (past President)

State Bar of Georgia, Environmental Law Section

Law360 Selects Nine from King & Spalding to Serve on 2021 Editorial Advisory Boards


Law 360, April 2021

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Recognition

Law360 Selects Nine from King & Spalding to Serve on 2021 Editorial Advisory Boards


Law 360, April 2021

News

In the News · Source: Law360, Global Competition Review, Bloomberg Law, New York Law Journal, Law.com International, Global Arbitration Review, Daily Journal, The Deal, Intellectual Property Magazine, World Trademark Review, Commercial Dispute Resolution, Global Investigations Review, Le Monde du Droit, La Lettre des Juristes d’Affaires, Daily Report, The Oath, Houston Business Journal, The Texas Lawbook and Chicago Daily Bulletin

December 3, 2021
K&S elects 32 new partners and promotes 16 counsel across 16 cities

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Matters

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”).

See more
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Matters

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.

News

In the News · Source: Law360, Global Competition Review, Bloomberg Law, New York Law Journal, Law.com International, Global Arbitration Review, Daily Journal, The Deal, Intellectual Property Magazine, World Trademark Review, Commercial Dispute Resolution, Global Investigations Review, Le Monde du Droit, La Lettre des Juristes d’Affaires, Daily Report, The Oath, Houston Business Journal, The Texas Lawbook and Chicago Daily Bulletin

December 3, 2021
K&S elects 32 new partners and promotes 16 counsel across 16 cities

View all

Matters

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”).

See more
Icon close

Close

Matters

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.

News

In the News · Source: Law360, Global Competition Review, Bloomberg Law, New York Law Journal, Law.com International, Global Arbitration Review, Daily Journal, The Deal, Intellectual Property Magazine, World Trademark Review, Commercial Dispute Resolution, Global Investigations Review, Le Monde du Droit, La Lettre des Juristes d’Affaires, Daily Report, The Oath, Houston Business Journal, The Texas Lawbook and Chicago Daily Bulletin

December 3, 2021
K&S elects 32 new partners and promotes 16 counsel across 16 cities

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. Court of Appeals for the Fourth 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, Section on Natural Resources, Energy and Environmental Law

Atlanta Bar Association, Environmental and Toxic Tort Section (past President)

State Bar of Georgia, Environmental Law Section

Law360 Selects Nine from King & Spalding to Serve on 2021 Editorial Advisory Boards


Law 360, April 2021

Icon close

Close

Recognition

Law360 Selects Nine from King & Spalding to Serve on 2021 Editorial Advisory Boards


Law 360, April 2021