Brooks M. Smith

Partner

Contact

  • Richmond
    p804.787.8086
    f804.788.8218
  • Richmond
    p804.787.8086
    f804.788.8218

Brooks' practice focuses on all aspects of environmental law, with emphasis on the Clean Water Act, compliance assurance, and enforcement defense.

Brooks co-chairs the firm's environmental practice, which is among the oldest and largest in the nation. Brooks also serves as administrative partner for the firm’s other practices within the Administrative Law Group, which include regulated markets and energy infrastructure, federal and state government relations, and food and drug.

Brooks is deeply involved in matters arising under the Clean Water Act, including national rulemakings, policies and litigation, state permit proceedings and appeals, complex civil and criminal investigations, enforcement actions, and citizen lawsuits. Brooks has been involved in scores of TMDL proceedings around the country, as well as administrative and judicial appeals of TMDLs and TMDL-based permits. Brooks has also helped to develop and implement market-based approaches to water quality restoration, including an interstate trading program for the Ohio River Basin and trading/offset initiatives within the Chesapeake Bay and Long Island Sound.

In addition to his water work, Brooks regularly counsels clients on internal compliance and assurance programs. He has helped to develop and implement these programs for a range of different industries. He has also participated in hundreds of audits, and helped clients to respond to audit findings, including agency self-disclosures where appropriate.

In his day-to-day work, Brooks represents a diverse array of clients, including national and regional trade groups, ad hoc coalitions, electric utilities, coal companies, manufacturers, water and wastewater authorities, developers and farmers.

Brooks has written and spoken extensively on developments arising under the Clean Water Act and other environmental laws. In addition, he has chaired several national conferences and given more than 50 presentations to audiences across the United States and Canada.

Relevant Experience

  • Defended regulated parties in criminal and civil investigations, administrative enforcement proceedings and civil lawsuits arising under federal and state environmental laws. 
  • Advised corporate clients on environmental management systems, internal audit programs and corporate social responsibility.
  • Assisted in the voluntary detection, prevention and correction of thousands of environmental issues arising under all major air, water and waste programs. 
  • Led national and state discharger coalitions in rulemakings and appeals arising under the Clean Water Act and related state laws. 
  • Represented dischargers in NPDES and other Clean Water Act permit proceedings and appeals involving complex factual and legal issues, such as TMDL-based permit limits, narrative water quality standards, wetlands and stormwater. 
  • Obtained critical path environmental permits for new projects involving power plants, coal mines, manufacturing facilities, water and wastewater plants, and all types of land development. 
  • Counseled clients involved in site remediation, including sites with intersecting air, water and waste obligations.
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