J. Gregory Smith
Partner

Environmental (Government Regulation)
Environmental (Real Estate)
Complex Business
Public Law

Columbus Office
p 614.229.0018
f  614.229.0019
gsmith@ulmer.com
At a Glance

Greg applies his environmental law expertise to real estate matters, business law and business litigation.  He provides counsel to private and public entities on environmental due diligence, regulatory permitting and compliance, and civil and administrative litigation. His practice involves issues relating to property development,  Brownfields, wetlands, water rights, underground storage tanks, and federal and state environmental laws, including the Clean Water Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation, and Liability Act / Superfund.  Greg formerly was the supervising attorney for water programs at the Ohio EPA and an assistant attorney general, representing the Ohio EPA and Ohio Department of Natural Resources.
 

Practices/Industries
Litigation
Complex Business

Government Regulation
Environmental
Public Law

Real Estate
Environmental

Areas of Concentration
  • Environmental Law
  • Real Estate
  • Business Law
  • Business Litigation
Education
Northwestern University (B.A., 1989)

The Ohio State University Moritz College of Law (J.D., 1993)
Representative Experience
  • Represents private and public entities seeking permits under Section 404 of the Clean Water Act and Ohio's isolated wetland program.
  • Regularly counsels developers, manufactures and investors on the process for establishing and maintaining a landowner defense to Superfund liability, including the All Appropriate Inquiry.
  • Counsels clients performing environmental due diligence prior to purchasing a property with environmental conditions and/or that is subject to regulatory requirements, including Phase I and Phase II environmental site assessments and environmental audits.
    Represents clients seeking No Further Action letters and Covenants Not to Sue under Ohio's Voluntary Action Program.
  • Counsels clients on the corrective action process for underground storage tank releases.
  • Counsels manufacturing facility owners and operators on compliance with Ohio's Cessation of Regulated Operations program.
  • Represents a manufacturer decommissioning a facility formerly licensed to handle radioactive materials under the program administered by the Ohio Department of Health, Bureau of Radiation Protection.
  • As former supervising attorney for water programs at the Ohio Environmental Protection Agency, represented and counseled the director and staff on enforcement, permitting, rulemaking and legislative issues.
  • As former Assistant Ohio Attorney General, Environmental Enforcement Section, represented the Ohio Environmental Protection Agency and Ohio Department of Natural Resources in civil and administrative litigation and in civil and administrative litigation.

Honors & Distinctions
Named an "Ohio Super Lawyer Rising Star" in a survey of Ohio lawyers by Law & Politics and Cincinnati magazines (July 2005-2007)

Named to Best Lawyers in America, Environmental Law, Woodward/White (2007 and 2008)

Recipient of the 2002 Ohio Environmental Protection Agency Professionalism Award
Publications & Presentations

Publications 

"The Word on Wetlands," Author, Heartland Real Estate Business (November 2006) Ulmer_HREB_Nov06.pdf

"Release and Spill Reporting Requirements - Do They Apply to Your Business?" Author, Ohio Chamber of Commerce 2005 Environmental and Safety Directory (2005)

"All Appropriate Inquiry and the Landowner Defenses to Superfund Liability," Author, Ohio Chamber of Commerce 2004 Environmental and Safety Directory (2004)

"Builders Need to be Aware of New Wetlands Guidance," Co-Author, Business First (February 28, 2003)

Presentations

"Mastering Land Use and Planning Processes - Environmental Issues in Property Development," Speaker, National Business Institute Seminar (August 2007)

"'All Appropriate Inquiries' - The New Standard for Landowner Defenses to Superfund Liability," Speaker, Central Ohio Chapter - Association of Corporate Counsel Presentation (May 2007)

 "Rapanos and the Aftermath - What's Next?", Speaker, OSBA Ohio Environmental Law Seminar (April 2007)

“Real Estate Law:  Advanced Issues and Answers – Environmental Issues in Real Estate Transactions,” Speaker, National Business Institute Seminar (December 2006)

"Reporting Obligations and Their Relation to Environmental Assessments and Audits," Speaker, The Auditing Roundtable - Ohio River Valley Meeting (November 2004)

"Water Law in Ohio," Speaker, National Business Institute Seminar (October 2004)

"Land Owner Defenses Under CERCLA," Speaker, OSBA Ohio Environmental Law Seminar (April 2004)

"Wetlands: Understanding an Increasingly Complex Regulatory Environment," Ohio State Bar Association panel discussion (May 2002)

Professional Affiliations

American Bar Association

Ohio State Bar Association

Columbus Bar Association (Co-Chair, Environmental Law Committee 2004-2005)

National Brownfield Association

Community Involvement

Boulevard Presbyterian Church (Member and Elder)

Near North East Materials Assistance Program (Board Member)

Leadership Columbus, Class of 2005

Admissions
State of Ohio
U.S. District Court, Southern District of Ohio
U.S. District Court, Northern District of Ohio