Environmental
R. Wayne Thorpe, Esq. has acted as mediator, arbitrator, case evaluator, or facilitator in dozens of environmental, toxic tort, land use, and weather or climate cases, many of them including the added challenge of resolving class or other multi-party disputes. Before he became a full-time ADR professional, he was a litigation partner in a large Atlanta law firm, where he handled 100 or more matters involving environmental, toxic tort, land use, and related insurance issues. Mr. Thorpe has been appointed to the U.S. Institute for Environmental Conflict Resolution, National Roster of Environmental Dispute Resolution and Consensus Building Professionals. He is also a member of the Environmental Sections of the ABA and State Bar of Georgia. Mr. Thorpe also wrote an article, Mediation and Arbitration in Weather and Climate Disputes, Natural Resources & Environment, Volume 27, Number 2, Fall 2012.
Mr. Thorpe has been a full-time ADR neutral since 1998. He has served as mediator, arbitrator, facilitator, special master, and case evaluator in over 1500 cases in at least 15 states. These engagements have included mediations in class action, MDL, mass tort, and other large scale multi-party cases, as well as more than 400 arbitrations as sole arbitrator, panel chair, or party-appointed arbitrator.
Mr. Thorpe was named by Best Lawyers in America as the 2012 Atlanta Mediation Lawyer of the Year, and he is listed in International Who’s Who of Commercial Mediation (less than 100 in the US), Best Lawyers in America, and Georgia Super Lawyers. He is Past Chair of the ABA Dispute Resolution Section. Before he became a full-time neutral, Mr. Thorpe was a litigation partner at a national law firm based in Atlanta.
Representative Matters
- Air and Water
- Mediation of water use dispute between commercial and residential riparian owners and state environmental agency, including issues presented by persistent droughts
- Dispute between golf course developer and engineers concerning responsibility for wetlands remediation required by USEPA in a major golf course development in North Georgia
- USDOJ/USEPA claims against road contractor and state highway agency under Clean Water Act
- Mediation of dispute between championship golf course and adjacent property owners’ association concerning riparian and deeded water rights to streams and ponds and EPD water withdrawal permit, including issues concerning droughts
- Mediation of Clean Air Act enforcement action by USEPA and South Carolina DHE
- Storm water runoff cases including Clean Water Act claims (see below under Weather and Climate Related Claims heading
- Hazardous Waste
- Mediation of numerous CERCLA, HSRA, RCRA and other cases involving hazardous waste issues
- Facilitation of Feasibility Study technical discussions among several PRP’s, USEPA and Ga EPD at the largest Superfund site in Georgia
- CERCLA claims arising from long-term lease at battery plant site in Alabama
- CERCLA private cost recovery case involving pesticide site; dispute between railroad and owner/operator
- Dispute over clean-up of soil and groundwater at shopping center/dry cleaner site; mediation with brownfields buyer and another potential buyer among PRP’s
- Co-mediation of claims by city and water utility against dry cleaner which allegedly contaminated groundwater wells used for city drinking water; appointed to arbitrate allocation of resulting responsibilities among insurers
- Public Policy and Land Use
- Multi-million dollar mediation between Georgia city and county under Georgia Services Delivery Strategy Act
- Mediation between middle Georgia city and county about allocation of Local Option Sales Tax (LOST) revenues
- Mediation of long-running acrimonious disputes between City and building owner involving various zoning issues and City order to demolish building in violation of zoning
- Mediation in multiple lawsuits by non-profit homeless shelter against city, local businesses, non-profits, and university hospital involving issues location of homeless shelter and damages for alleged tortious interference with homeless shelter’s public and private funding sources
- Co-facilitation of quasi-political, policy disputes among various groups of residents concerning growth issues in ex-urban county
- Weather and Climate Related Claims
- Injunction claim by adjacent landowner against church for stormwater runoff from church construction and from church’s easement given to State DOT for roadway runoff; mediated modification to existing detention pond with church, insurer, and plaintiff
- Claims against county for alleged failure to maintain stormwater ditch
- Nuisance, Clean Water Act, and related claims brought by owner of large residential property against state, county, and road contractors alleging stormwater runoff damaged lake on property
- Nuisance, trespass, and Clean Water Act case by large property owner against county and developer relating to alleged stormwater runoff and siltation from development of subdivision, and related insurance coverage issues
- Lawsuit brought by in-town Atlanta resident concerning construction runoff from adjacent residential construction site
- Lawsuit by landowner against developer of subdivision for allegedly causing stormwater to cross his property and destroy acres of vegetation; nuisance, trespass, Clean Water Act claims; related insurance coverage issues
- Disputes about insurance coverage for storm water damage
- Drought related riparian water rights disputes (see above under Air and Water heading)
- Tort Claims (including class and multi-party cases)
- Mediation of toxic tort lawsuit against defense manufacturer alleging that in utero exposure to child of female plant worker caused severe birth defects
- Multi-plaintiff case (about 20 property owners) against power companies for alleged noise pollution from power plants
- Mediation of toxic tort claim against oil companies and pipelines alleging childhood leukemia caused by spills at terminals
- Citizen claims (about 25) against county based upon landfill runoff; properties conveyed pursuant to mediated settlement; conducted arbitration to distribute settlement funds
- Multiple cases including class action and separate case brought by county; environmental claims against industrial company arising from alleged PCB contamination of river basin and adjacent properties of 600 or more property owners
- Nuisance claims by homeowners against quarry operator related to blasting noise and vibration
- Toxic tort personal injury and property damage case by multiple homeowners against builder, termiticide applicator, and plumbing manufacturer alleging contamination of drinking water
- USTs and Pipelines
- Dispute between owner of large farm and interstate pipeline company concerning pipeline easement; nuisance, trespass, and Clean Water Act claims
- Claims by residential property owners against pipeline operator arising from pipeline spill
- Several disputes involving UST remediation
- Dispute between major oil company which owned service station and adjacent apartment complex owner concerning UST contamination of apartment property
- Environmental dispute between landlord and tenant concerning UST contamination
- Misc. Environmental Disputes
- Several disputes concerning insurance coverage for environmental investigation and remediation and for toxic tort cases
- Several disputes over environmental liabilities between sellers and buyers of businesses and property involving responsibilities for contamination including hazardous waste and UST’s
- Designated arbitrator to resolve disputes under several settlement agreement s in environmental cases including multi-plaintiff claim against county arising from landfill, and dispute among insurers arising from settlement of city claim for contamination of drinking water supply
