Grady, John H. III

Current Employment Position(s)

Of Counsel

Lawyer Overview

Jack Grady's environmental law experience includes a significant litigation background, as well as representation of clients in transactions, negotiations, investigations, and regulatory matters involving all environmental media. Jack's practice at Jones Day consists of representing clients in a variety of environmental issues. He has represented clients in the defense of civil and criminal environmental governmental enforcement actions, the defense and prosecution of private party environmental indemnity claims, the defense of environmental property damage claims, and other environmental litigation. Jack's trial work has included serving as common counsel to a group of alleged potentially responsible parties in response to contribution claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (Southdown v. Allen, 119 F. Supp. 2d 1223 (N.D. Ala. 2000)) and successfully defending on appeal a favorable judgment of behalf of a client in a CERCLA parent­operator liability case (Atlanta Gas Light Company v. UGI Utilities, Inc. et al., 463 F. 3d 1201 (11th Cir. 2006)). He has managed the due diligence and contract negotiations related to mergers, acquisitions, and divestitures of businesses and properties with significant environmental profiles. In addition, he regularly represents clients in compliance counseling, permitting, and other regulatory issues. Jack's practice also has included general litigation matters, including the defense of a multimillion dollar qui tam action under the federal False Claims Act.

While at the Department of Justice he represented the United States in numerous environmental enforcement matters under CERCLA as well as the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, and the Clean Water Act. He served as lead trial counsel on several matters resulting in favorable trial judgments and rulings in the district court and assisted in the defense of these judgments on appeal. Furthermore, he negotiated settlements for the cleanup of Superfund sites, prospective purchaser agreements, and enforcement actions under RCRA, the Clean Air Act, and the Clean Water Act.

Jack's trial work at the Department of Justice resulted in such significant environmental decisions as U.S. v. Bethlehem Steel, 829 F. Supp. 1023, aff'd in part and rev'd in part, 38 F.3d 862 (7th Cir. 1994) and 829 F. Supp. 1047 (N.D. Ind. 1993); U.S. v. Ekco Housewares, Inc., 853 F. Supp. 975 (N.D. Ohio 1994), aff'd in part and remanded in part, 62 F.3d 806 (6th Cir. 1995); United States v. Allied Signal, 830 F. Supp. 1120 (S.D. Ind. 1993); and United States v. NL Industries, et al., 936 F. Supp. 545 (S.D. Ill. 1996). While at the DOJ he received the United States Department of Justice's Special Achievement Award and two U.S. EPA Bronze Medals for Commendable Service. He also contributed as an instructor in several Environmental Enforcement Section training programs and at U.S. EPA's RCRA Practitioner's Workshop.

Prior to coming to the Department of Justice in 1991, Jack served briefly as staff counsel to the United States Senate Judiciary Committee, where he assisted in the management of legislative proposals on the Senate floor and participated in the preparation for and the conduct of Senate hearings on the nomination of Clarence Thomas as an associate justice to the United States Supreme Court.

Jack has published articles and spoken on a variety of topics, including an article in the January/February 1999 edition of Mergers & Acquisitions magazine on the United States Supreme Court decision in United States v. Bestfoods. He has spoken on such topics as "Assessing and Allocating Environmental Risk" and the "Self-Critical Analysis Privilege and Its Application to Environmental Regulation." Jack's background includes extensive experience in environmental and land use issues, including serving as a member of the zoning board for the city of Salem, Massachusetts. Jack was a member of the American Arbitration Association's Commercial Panel of Arbitrators for Environmental Issues and the Metro Atlanta Chamber of Commerce's Brownfields Issues Advisory Committee.

Areas of Practice

• Environmental, Health & Safety
• Government Regulation
• Product Liability & Tort Litigation

Representative Cases

• ARAMARK defends environmental property damage litigation
• Arctic Glacier acquires A.T. Reynolds and Sons, Inc.
• Arctic Glacier acquires Bismack Huron Ice
• Arctic Glacier acquires Brandywine Ice
• Arctic Glacier acquires California Ice for $190 million
• Arctic Glacier acquires Geske's Ice Co.
• Arctic Glacier acquires Ice Castles
• Arctic Glacier acquires International Ice
• Arctic Glacier acquires issued and outstanding capital stock of R&K Trucking
• Arctic Glacier acquires Knowlton Enterprises
• Arctic Glacier acquires Koldkist Pacific Cold Storage, and K, H & P , (2009)
• Arctic Glacier acquires Losquadro Ice Company
• Arctic Glacier acquires Michigan Pure Ice,
• Arctic Glacier acquires Northern Pure Ice Co
• Arctic Glacier acquires operations of Kar Ice , (2009)
• Arctic Glacier acquires R&T Enterprises, Inc. and R&T Partnership
• Arctic Glacier acquires Ron's
• Arctic Glacier acquires Southeastern Michigan Ice Services
• Arctic Glacier acquires Springdale Ice Company and Diamond Ice Cube Company
• Arctic Glacier acquires Stelley’s Pure Ice
• Arctic Glacier acquires Taylor Ice Service
• Arctic Glacier acquires Union Ice
• Arctic Glacier acquires Winkler Lucas Ice and Fuel d.b.a. Mid-Michigan Ice Co
• Arctic Glacier acquires Wonderland Ice
• Arctic Glacier manages environmental, health and safety compliance
• CenterPoint defends against CERCLA contribution claims related to Florida manufactured gas plant , (2009)
• CenterPoint Energy Resources successfully defends against Superfund claims involving former manufactured gas plant facility in Bangor, Maine , (2009)
• Cumulus Media acquires Susquehanna Radio for $1.5 billion , (2009)
• Dynea responds to threatened toxic tort exposure claim related to accidental release
• Eastman Chemical acquires Hercules' resins and rosins business
• Exchange Industrial Income Fund acquires shares of Stainless Fabrication
• Flowers Foods acquires Holsum Bakery for $150 million , (2009)
• Georgia Gulf acquires Royal Group Technologies for $1.6 billion , (2009)
• Georgia Gulf defends against EPA multi-media enforcement action at several poly vinyl chloride manufacturing facilities
• Highlands-Cashier Hospital defends property damage claims related to North Carolina construction project
• J.M. Huber sells kaolin business to KaMin
• JUSTGeorgia: Jones Day Atlanta Making the Case for a New Georgia Juvenile Code , (2009)
• Morrison Knudsen defends qui tam allegations related to remediation of the Tar Creek Superfund site
• Oglethorpe Power negotiates agreement with Georgia Forestry Commission for reforestation project to create greenhouse gas emission reduction credits
• Parallel acquires Mealey’s Furniture and Mattress , (2009)
• Parallel Investment Partners sells JetStar , (2009)
• Patriarch Partners acquires assets of Croscill , (2009)
• Patriarch Partners acquires assets of Red Shield Environmental in bankruptcy buyout , (2009)
• PCS Nitrogen defends against Superfund cost recovery case involving the Planters Site
• PCS Nitrogen defends federal environmental investigation in Louisiana
• PCS Nitrogen reviews compliance with various environmental regulations , (2009)
• PODS completes sale of company to Arcapita
• PPG Industries manages Superfund sites portfolio
• Weir Group acquires SPM Flow Control for $653 million , (2009)

West Practice Categories

Alcoholic Beverages, Apparel, Asbestos, Chemicals & Cosmetics, Clean Air Practice, Cleanup & Superfund, Environmental Law, Firearms, Food & Agricultural Products, Food & Drug Administration, Government Agencies & Programs, Hazardous Waste, Housing & Urban Development, Law Enforcement Agencies, Machinery & Tools, Medical Products & Devices, Medicare & Medicaid, Motor Vehicle Defects, Permits, Pharmaceutical Products, Products Liability Law, Recreational Products, Regulatory Compliance & Auditing, Social Security -- Disability, Social Security -- Retirement & Survivors Benefits, Solid Waste, State & Local Agencies, Tobacco, Veterans' Affairs, Water Pollution, Welfare, Wetlands & Wild Lands

Bar Admissions

• Georgia
• Massachusetts

Education

• Boston College
• New England School of Law

Published Works

• The Climate Report, 2009
• Federal Government Loses Authority to Regulate Millions of Acres of Private Property, 2001
• A Break for Buyers on Inheriting Pollution Problems, Mergers & Acquisitions Vol. 33/Number 4, 1999

Address

1420 Peachtree Street, N.E.,
Suite 800
Atlanta, GA 30309-3053

Phones

1.404.581.8316 (Business Phone)

Faxes

1.404.581.8330 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com