Lawyer Overview

Barbara Gallo is a partner in Nelson Mullins Riley & Scarborough's Atlanta office. She handles permitting, compliance, and enforcement issues in all areas of environmental law; advises on the development and implementation of sustainable practices; advises on climate change issues; handles civil and administrative litigation; advises on legislative and rulemaking issues; and assists in corporate and real estate transactions. Her clients have included manufacturers, energy and alternative energy companies, recyclers, waste hauling and waste disposal companies, wastewater treatment facilities, healthcare providers, developers, lenders, and local governments.

Ms. Gallo is listed as one of the leading environmental attorneys in Georgia by Chambers & Partners in its publication Chambers USA America's Leading Business Lawyers and is noted as having been "praised by clients for her 'extreme depth of knowledge'." Ms. Gallo is also listed in The Best Lawyers in America for the specialty of Environmental Law and has been identified annually as a Georgia Super Lawyer and one of the Top 50 Women Lawyers in Georgia.

Ms. Gallo has been in private practice since 1996. From 1984 to 1996, she served in the Georgia Department of Law's Environmental Division. As a senior assistant attorney general, she handled enforcement matters in all areas of environmental law; defended numerous permits, particularly solid waste permits, that were challenged by permit holders or third parties; managed the legal representation for the state's hazardous waste program, which was the first state program in the nation to receive full authorization; defended various state agencies in Superfund cases; negotiated natural resource damage claims for the state; and assisted in drafting the Georgia Hazardous Site Response Act, commonly known as the State Superfund Law, and the accompanying regulations.

In addition to representing the Georgia Environmental Protection Division while serving in the Attorney General's office, Ms. Gallo represented the Georgia Department of Agriculture. She counseled the Department on pesticide regulation; food, drug, and cosmetic regulation; and veterinary issues. After law school and before joining the Attorney General's office, Ms. Gallo clerked for Judge Frank McFadden and Judge Sam Pointer in the United States District Court for the Northern District of Alabama.

Her representative experience includes:

• Couch v. Parker, S06A0229. S06A0261., SUPREME COURT OF GEORGIA , 280 Ga. 580; 630 S.E.2d 364; 2006 Ga. LEXIS 239 (April 25, 2006). Prevented a neighboring property owner from defeating issuance of consent order negotiated with the Georgia Environmental Protection Division.
• Parker v. Scrap Metal Processors, Inc., 386 F.3d 993; 2004 U.S. App. LEXIS 20381 (11th Cir. Ga. 2004). Engaged by Defendants after judgment entered against Defendants on jury verdict and obtained reversal of substantial damage awards.
• Rozar v. Mullis, 85 F.3d 556; 1996 U.S. App. LEXIS 14607 (11th Cir. Ga. 1996). Defeated environmental racism claim.
• Board of Natural Res. v. Duke Energy Sandersville, L.L.C., 257 Ga. App. 815; 572 S.E.2d 356; 2002 Ga. App. LEXIS 1317 (Ga. Ct. App. 2002). Obtained declaratory judgment from superior court, which held that automatic stay rule did not apply to the issuance of an air permit authorizing the construction and operation of an electric power plant.
• In re: Olin Corp., 1993 WL 303302 (July 28, 1993). Defeated request for declaratory ruling that particular waste generated by Olin was not a hazardous waste.
• In re: Southern Mills, Inc., 1990 WL 174679 (Sept. 12, 1990). Successfully defended the issuance by Georgia EPD of permit for land application system.

Successfully defended more than 10 solid waste permits issued by the Georgia EPD. E.g.,

• In re: Oxford Solid Waste Landfill, Inc., 1996 WL 375808 (June 26, 1996);
• In re: Coffee County Solid Waste Handling Permit, 1987 WL 54523 (March 9, 1987);
• In re: Mullis Tree Serv., 1987 WL 54522 (Feb. 24, 1987);
• In re: Daniel Tyndale, 1987 WL 54521 (Feb. 6, 1987).

Unreported Decisions:

• Charles Thomson v. Municipal Court of the City of Duluth and City of Duluth, Georgia, SUPERIOR COURT OF GWINNETT COUNTY, GEORGIA (2006). Represented a construction and demolition waste hauler in successfully preventing enforcement of a local ordinance preventing competition within its jurisdiction.
• Taliaferro County v. Complex Environmental, SUPERIOR COURT OF FULTON COUNTY, GEORGIA (2006). Successfully defended Georgia EPD’s denial of solid waste handling permit to private operator seeking permit for landfill in Taliaferro County.

Other representative matters:

• Counseled local governments in connection with the privatization of water and wastewater systems.
• Prevented disclosure by Georgia EPD of alleged trade secret information regarding CFC-substitute used as blowing agent by building products manufacturer.
• Successfully defended citizen suit brought under the Clean Air Act to prevent construction of electric power plant.
• Obtained the necessary permits for the construction and operation of electric power plants owned and operated by various independent power producers.
• Participated in interstate negotiations over water rights.
• Obtained stream buffer variances and wetlands permits for various residential and commercial development projects.

She is a member of the American Bar Association, Environment, Energy, and Resources Section; the State Bar of Georgia, Environmental Law Section (Chair, 1995); the Atlanta Bar Association, Environmental and Toxic Tort Section (Board of Directors, 1998-present; Chair, 2002); the Alabama State Bar; the Association of Women Environmental Professionals, (Steering Committee, 2000-present); the Georgia Chapter of the Air & Waste Management Association; the Environmental Law Institute; and the Georgia Association of Women Lawyers.

She is a member of the Board of Directors of the Institute for Georgia Environmental Leadership. She is also a member of the Georgia Conservancy and actively supports the Atlanta Women's Foundation.

She earned her Juris Doctor, magna cum laude, in 1981 from the Cumberland School of Law. She earned her Bachelor of Arts from Georgia State University in 1973.

Areas of Practice

• Environmental & Natural Resources
• Environmental Litigation

West Practice Categories

Environmental Law, Natural Resources Law

Bar Admissions

• Georgia, 1984
• Alabama, 1981
• U.S. Court of Appeals 11th Circuit, 1985
• U.S. District Court Northern District of Georgia, 1986
• U.S. District Court Middle District of Georgia, 1986
• U.S. District Court Southern District of Georgia, 1990
• U.S. Court of Appeals District of Columbia Circuit
• U.S. District Court Northern District of Alabama
• U.S. District Court Western District of Michigan

Professional Associations and Memberships

• Georgia Bar Association, 1995 (Environmental Law Section)
• American Bar Association (Environment, Energy and Resources Section)
• Atlanta Bar Association (Environmental and Toxic Tort Section)
• Association of Women Environmental Professionals (Steering Committee, 2000-Present)
• Georgia State University Alumni Association Board of Directors

Honors and Awards

• Curia Honoris, 1981 - Present
• Six American Jurisprudence Awards, 1978 - 1981
• One of the leading environmental attorneys in Georgia by Chambers & Partners in its publication Chambers USA America's Leading Business Lawyers
• The Best Lawyers in America for the specialty of Environmental Law
• Georgia Super Lawyer
• One of the Top 50 Women Lawyers in Georgia

Classes and Seminars

• Frequent Speaker, Continuing Legal Education, American Bar Association, Georgia Bar Association and Atlanta Bar Association

Past Employment Positions

• Georgia Department of Law, Senior Assistant Attorney General, 1985 - 1996
• Judge Frank McFadden, Clerk
• Judge Sam Pointer in the United States District Court for the Northern District of Alabama, Clerk
• Georgia Department of Law's Environmental Division, 1984 - 1996

Education

• Cumberland School of Law, Samford University, Birmingham, Alabama, 1981
  J.D., Doctor of Jurisprudence
  Honors: magna cum laude
  
  Law Review: Cumberland Law Review, Articles Editor, 1979 - 1980
  
  Law Review: Cumberland Law Review, Fifth Circuit Editor, 1980 - 1981
• Georgia State University, Atlanta, Georgia, 1973
  B.A., Bachelor of Arts
  Major: English

Address

One Atlantic Center
1201 West Peachtree Street, NorthWest
Suite 3250
Atlanta, GA 30309

Phones

(404) 888-0169

Faxes

(404) 888-9577

Emails

Contact Us

Websites

http://www.khlawfirm.com