William T. Gorton III
Bill Gorton is Chair of the Environmental, Natural Resources & Energy Service Group for the firm. He is national counsel to numerous clients on environmental regulatory and land and water resources matters. Bill has represented clients in the waste management sector including acquisitions, due diligence, compliance and contracting. He has been counsel in the development of numerous independent gas, solar and waste-coal power plants. He has been Lead Counsel to numerous surety companies regarding over $4 billion in financial guarantees on bankrupt and/or defaulting mining operations, hazardous waste facilities and solid waste disposal facilities throughout the United States. He has been primary environmental counsel in the development of interstate pipeline associated with major natural gas resource development. He also counsels on large natural resource and energy, waste industry, business or corporate transactions, and project development assessing and addressing environmental regulatory issues and accomplishing clients' goals. He advises healthcare clients in permitting, acquisitions and environmental compliance matters. Bill is also an Adjunct Professor of Environmental Law at the University of Kentucky's Natural Resources and Environmental Conservation program.
Before embarking on a law career, Mr. Gorton managed many projects as an environmental consultant on projects throughout the U.S.
'Waters of the United States' What Next? Proposed Trump Administration WOTUS Rule....2019 Addendum
Kentucky Wetlands Law and Compliance, presented by HalfMoon Seminars, Lexington, KY, March 6, 2019
Continued Turbulence in 'Waters of the United States'
Projects push growth in legal expertise
Coal Bankruptcies: Current Issues
Current Issues and Perspectives on SMCRA Reclamation Bonding
Financial Assurances, Suretyship and Bonding
State and Federal Reclamation Bonding Programs: Lessons Learned and Current Challenges
Reclamation Bonds, The Law of Commercial Surety and Miscellaneous Bonds
Waters of the United States: Federal Jurisdiction Over Activities on My Land?
Understanding Waters of the United States and Federal Jurisdiction on Private Property
The Law of Commercial Surety and Miscellaneous Bonds (Second Edition)
Waters of the United States: Following Clean Water Act § 404 Jurisdiction Upstream
Environmental/Reclamation Financial Assurances: Back to the Future
56th Annual Rocky Mountain Mineral Law Annual Institute, Banff, Alberta, Canada, July 22-24, 2010
Coal Industry Land Law
The Suretys Perspective: Deja Vu All Over Again?
EPA Issues Final CAFO Rule
Primer for Engineering and Technical Professionals regarding Reclamation and Environmental Surety Bonds
Surety Bonds and Trouble in the Mining Industry
Optimizing Land Reclamation and Environmental Protection: Making the Most Out of Surety Agreements
Regulation of Concentrated Animal Feeding Operations and the Horse Industry: EPA is Mucking About!
Legal Considerations Pertaining to Use and Disposal of Coal Combustion By-Products
Legal Considerations Pertaining to Use and Disposal of Coal Combustion By-Products
Replacing Nationwide Permit 26 - The Next Battle Over Wetland Development
In Front of the Curve: A Call for Awareness of Environmental Liability for CCBs in the United States
Lead counsel coordinating the development of industrial scale solar energy facilities in numerous states, addressing solar leases and easements, local, state and federal permitting and approvals, economic incentives and EPC.
Counsel to major healthcare corporations on acquisitions and environmental compliance obligations.
Counsel to various clients dealing with Naturally Occurring Radioactive Materials ("NORM") disposal to Landfill business development to Landfill operations and acquisition.
Lead counsel to numerous national surety companies in developing and advocating the surety industry positions in the bankruptcies of Peabody Coal Company, Arch Coal Company, and Alpha Natural Resources across the United States.
Counsel in development of and property rights acquisition for interstate natural gas liquids pipeline from Marcellus and Utica shale resource areas including state and federal requirements, environmental analysis associated with permitting, construction and operation.
Counsel to numerous manufacturing operations regarding regulatory compliance.
Lead counsel in first Brownfields transaction in Lexington, Ky., (2013) in acquisition of GE plant site for LexTran.
Advised and developed the state and federal reclamation financial assurance replacement program ($150 million) including permit transfer, owner/controller notice and collateral releases associated with Montana and Wyoming Powder River Basin Coal Company sales.
Lead environmental counsel representing international purchaser in $1 billion acquisition of active multi-state coal company, including underground, surface and mineral processing operations.
Acted as national counsel in coordinating matters for the New York Department of Insurance as Rehabilitator of Frontier Insurance Co. regarding surety exposure on over $1 billion for hazardous waste treatment, storage and disposal facilities, underground and surface coal mines, gold mines and processing facilities, solid waste disposal facilities, recycling facilities and other regulated industries throughout the United States.
Counsel to major Timber Investment Management Organizations in the acquisition of large Appalachian timer tracts and surface rights.
Lead counsel to largest thoroughbred race track facility operator in the United States in federal CAFO rulemaking process with the United States Environmental Protection Agency under the Clean Water Act.
Lead counsel to major U.S. surety industry client with the United States Department of Interior, Office of Surface Mining in federal rulemaking regarding “owner/controller” liability under the Surface Mine Control and Reclamation Act.
Led a team of lawyers on behalf of a major surety company in the bankruptcy of Horizon Natural Resources, at the time the largest coal company bankruptcy in U.S. history. The team developed strategies to assure land reclamation on over 400 mines under federal and five state regulatory programs while mitigating over $125 million in surety exposure.
Environmental counsel in development and/or financing of numerous waste coal independent power plants.
Kentucky Bicycle and Bikeway Commission
Kentucky Rails to Trails Council, Inc., Pro-Bono Legal Counsel
Energy and Mineral Law Foundation, Trustee
University of Kentucky College of Law
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Order of the Coif
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Journal of Mineral Law and Policy, Articles Editor, 1987-88
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U.S. Department of the Interior, University of Kentucky Institute of Mining and Minerals Law Fellowship, 1987-88
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Natural Resources Section, Kentucky Bar Association, Law Student Division, Chairman
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AmJur Book Award - Property
Pennsylvania State University
Prior to attending law school, Bill was the manager of the Kentucky office of Skelly & Loy Engineers-Consultants and had managed natural resource development and environmental remediation projects throughout the United States. At Skelly & Loy, he developed the mine land reclamation programs under the Title IV of the Surface Mine, Control and Reclamation Act for Alaska and Virginia. He also managed technical projects for the U.S. Department of Interior, U.S. Bureau of Mines, U.S. EPA, Appalachian Regional Commission and numerous state agency and private sector clients. He was appointed by Kentucky Governor Andy Beshear to The Kentucky Bicycle and Bikeways Commission and has also advised the Kentucky Rails to Trails Council, Inc. on a pro bono basis, formed as part of the nationwide movement to develop abandoned rail beds into trails for recreation use. Bill is Assistant Professor/Adjunct at the University of Kentucky in the Natural Resource and Environmental Science Program teaching Environmental Law and Regulation. He is also a Trustee to the Energy and Mineral Law Foundation. An avid cyclist, Bill has been a spin instructor at the Lexington YMCA. In 2010, Bill joined a group of amateur cyclists who participated in six stages of the Tour de France.
Martindale-Hubbell® AV-Preeminent® Peer Review Rated
Best Lawyers in America®, Energy Law, Environmental Law, Mining Law and Natural Resources Law (2007-22)
Best Lawyers in America®, Lexington Area Lawyer of the Year for Environmental Law
ChambersUSA, "America's Leading Lawyers for Business," Environment, Natural Resources & Utilities: Environment (2012-21)
Benchmark Litigation magazine, Litigation Star (2015-22)
International Law Office and Lexology, Client Choice Award for Excellence in Client Service (2015)
. . . acts for clients in the energy, healthcare and waste management sectors on environmental regulatory compliance. He handles environmental support for corporate transactions and project development.
. . . noted for his work in land and water resources issues, and is also regularly called upon to advise on coal industry matters.
. . . thorough knowledge of the regulatory and administrative landscape.
. . . knowledge and experience . . . irreplaceable assets to our company.
. . . busy technical lawyer . . .
