AREAS OF PRACTICE

POE HALL CONTAMINATION

We represent faculty, graduate students, staff and others affected by exposure to PCBs while working and studying in Poe Hall at North Carolina State University.  NCSU closed Poe Hall in November 2023, and environmental testing reports finally released by the University show high levels of PCBs in the building.

If you, a colleague, friend or a loved one are seeking information in regard to illnesses related to PCB exposure and time spent in Poe Hall, we can help.

For more information, please call (919) 754-1600 or email us.

ENERGY LAW

Clean energy is becoming an increasingly important issue across our country, especially in the state of North Carolina. Switching to renewables and focusing on affordability and efficiency is crucial when it comes to protecting our environment, our health, and our wallets.

Building on our work representing families impacted by the Dan River Coal Ash spill and groundwater contamination near Duke Energy’s coal-fired plants, our attorneys have been working diligently in this ever-evolving field of energy law. Our attorneys have represented a variety of clients before the North Carolina Utilities Commission, working on issues involving net metering, the NC Carbon Plan, and rate increase requests by Duke Energy Carolinas and Duke Energy Progress. We also are expanding efforts to help clients benefit from the growing market for renewable energy—particularly solar. We are passionate about helping light the path to a brighter and cleaner energy future.

For more information, please call (919) 754-1600 or email us.

PACT ACT/ CAMP LEJEUNE JUSTICE ACT

From 1953-1987, the water supply at Camp Lejeune Marine Corps base in Jacksonville, North Carolina, contained several toxic chemicals that servicemembers and their families were unknowingly consuming, leading to disastrous health impacts for many of these individuals. This past year, Congress passed the Camp Lejeune Justice Act of 2021, allowing those who suffered adverse health effects from drinking the contaminated water to file lawsuits for compensation.

Illnesses and ailments that may have been caused by drinking contaminated water at Camp Lejeune include, but are not limited to, the following:

If you or a loved one have experienced adverse health effects after drinking contaminated water at Camp Lejeune from 1953-1987 and are interested in filing a lawsuit to receive compensation, please call (919) 754-1600 or email us.

FIRE FIGHTER EXPOSURE TO PFAS

PFAS or 'Forever Chemicals' are a family of over 10,000 man-made chemicals, which include PFOS, PFOA, and GenX. They are characterized by a carbon-fluorine bond that does not exist in nature and does not break down naturally. Originally invented and widely used for their waterproofing and nonstick properties, PFAS are now known to be extremely toxic. They are virtually indestructible and persistent (in both human bodies and the environment), and they have linked to a wide range of negative health outcomes, including cancer, autoimmune disease, obesity, and developmental outcomes.

Aqueous Film Forming Foam (AFFF or firefighting foam) was previously thought to be the main source of PFAS exposure to firefighters, but recent studies have revealed firefighters' personal protective equipment, or "turnout gear," is a more significant and direct exposure pathway.  Turnout gear contains significant quantities of PFAS chemicals in both the outer layer (outer shell) and inner layer (moisture barrier). Firefighters can be exposed by direct contact with the gear via their skin, via dust particles inhaled within the station, and by breathing in the chemicals as they are emitted from the uniforms. This includes off-gassing of PFAS from the gear where it is left or stored in the firehouse, or other locations. Wash water used to clean the PPE is subsequently contaminated as well, which can affect water quality for downstream communities.

Firefighters face cancer at rates well beyond the general public. The World Health Organization recently announced that firefighting is now officially recognized as a cancer-causing profession. PFAS chemicals are linked to many detrimental health issues, particularly an increased risk of various forms of cancer. According to research by the National Institute for Occupational Health and Safety (NIOSH), firefighters have a 14 percent higher risk of dying from cancer than the general U.S. population. In 2019, more than 75% of the names of firefighters added to the IAFF Fallen Fire Fighter Memorial Wall of Honor in Colorado were members who died from occupational cancer.

Firefighters risk their lives every day in the line of duty. For their personal protective equipment to threaten their health and safety because it’s made of toxic chemicals is a disservice to them and their families. If you or a loved one are a firefighter and are seeking representation or information in regard to the connection between PFAS in turnout gear and cancer, we can help.

For more information please call (919) 754-1600 or email us.

BROWNFIELDS REDEVELOPMENT

Buying property with contamination can be risky. Contamination can be a significant deterrent to the marketing and sale of land. The State of North Carolina has determined that it is good public policy to encourage appropriate redevelopment of impacted properties. The Brownfields program reduces the risk to purchasers and, under many circumstances, provides purchasers with tax incentives to encourage redevelopment.

“Brownfields” is the term used to describe property that has previously been used for industrial or commercial purposes and may be contaminated by low concentrations of hazardous substances. Through its Brownfields program, the State of North Carolina offers financial incentives to developers willing to remediate these contaminated sites. A Brownfields agreement with the State allows innocent landowners and potential developers (who have had no hand in the contamination), sell or purchase contaminated property while avoiding or minimizing liability that federal or state agencies might otherwise impose. Rob Gelblum, of counsel to our firm, served as the chief attorney to the N.C. Brownfields Program from its inception in 1997 until 2012. Negotiation of a Brownfields Agreement with the State is a challenging and complex matter. Please call our office to discuss your options with our experienced attorneys.

For more information please call (919) 754-1600 or email us.

SUPERFUND LITIGATION

The Comprehensive Environmental Response, Compensation and Liability Act (also known as Superfund or CERCLA) is federal legislation targeting the cleanup of contamination from hazardous waste.  

Parties that contribute to the contamination of a site and sometimes landowners who had no involvement with the contamination may be held liable for cleanup costs, regardless of whether the contamination was intentional or accidental. Where there are multiple parties involved in the generation and transportation of hazardous waste, all can be required to contribute to the cost of remediation and litigation between all the parties responsible (known as third party contribution claims) or with the government can be difficult.  

Cleanup can be extremely costly, and these laws constitute a minefield of challenges.  However, there is potential for avoiding liability and, through various strategies, minimizing cost.  If you find yourself facing liability under Superfund, either to the government, or a third party seeking reimbursement for cleanup costs, we can help.

Read more about the EPA Superfund Program.

For more information please call (919) 754-1600 or email us.

TOXIC TORTS

A toxic tort claim may arise when a person is injured by exposure to an environmental contaminant. These cases are generally much more complex than the average personal injury case—thus, whether you were injured or you were accused of causing injury to another, you need the protection of an attorney with experience in these cases.

We handle a variety of toxic tort cases. We understand that the science behind proving these cases requires close consultation with environmental experts. A toxic tort case requires strong medical causation testimony from an experienced, and often specialized doctor. We know the experts who help us understand the science.

If you believe you were injured by exposure to contamination, or if you are accused of harming another, please contact us. We have the experience necessary to represent you or to connect you with the professionals who can.

For more information please call (919) 754-1600 or email us.

REGULATORY ISSUES

Federal, state, and local governments have developed environmental regulations to manage pollution and other environmental impacts from human activity. Individuals and organizations alike can face penalties, fines, and liability for any failure to comply. Our office is experienced in assisting individuals and businesses small and large in navigating the often complex systems of environmental permitting, civil violations and penalties. We litigate regulatory cases in the Office of Administrative Hearings (OAH) and Federal Court and have a history of success.

Our office has assisted clients with coastal development issues, including the Coastal Area Management Act (CAMA) permit system. CAMA permits are used to regulate development in 20 coastal counties, including, Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington. As a part of the CAMA program, the Coastal Resources Commission (CRC) regulates development within “Areas of Environmental Concern” (AEC), which may be easily destroyed by erosion or flooding, or may be valuable to our state for other reasons, including environmental, social, economic, or aesthetic.

For more information please call (919) 754-1600 or email us.

CONDEMNATION & EMINENT DOMAIN

Condemnation occurs when the government—whether state, federal, or local—takes your property for a public purpose.

Property rights are among the most important of individual rights, and our firm’s practice is uniquely dedicated to their protection. When the government attempts to condemn your land, we know what to do to protect your interests. You need an experienced attorney in these circumstances, someone that knows how to stop the government from running roughshod over your property. The government has the resources to fight hard—you need an attorney capable of doing the same.

There are many types of condemnation, such as:

i. Eminent domain. It is true that the government has the authority under the federal and state constitutions to take your property for a public use. That does not, however, give the government the right to take your property for any reason it wants and to pay too little while doing so. We have experience forcing the government to pay full value for your condemned property, and we also know how to force the government to demonstrate that it is exercising its authority in a constitutionally permissible manner.

ii. Inverse condemnation. When the government interferes with your property by, for example, contaminating it, yet the government has not offered to reasonably compensate you for the interference, it is known as inverse condemnation. We have handled many of these cases. We know that they are challenging, but we also know how to succeed.

iii. Regulatory taking. Sometimes the government will pass laws that burden your property so greatly that your property becomes nearly valueless. For example, imagine you own a home that the government regulates into a commercial zone, yet the government will not provide a variance. In such circumstances, the government, we believe, has taken your property. We can fight the regulation on your behalf, and, if the regulation is upheld, we will fight to force the government to pay for your taken property.

For more information please call (919) 754-1600 or email us.

PROPERTY CONTAMINATION

Discovery of contamination is often the beginning of a long and complex fight. After discovery, the immediate response may include feelings of anger and helplessness—how did this happen, how can the contamination be remediated, and who is financially responsible?

These questions require prompt attention. Remediation can often be costly and time consuming. Additionally, there are frequently questions concerning whether someone has been physically injured by exposure to contaminants and what should be done to protect health. Dealing with contamination can be scary and overwhelming, unless you have the right resources, including a knowledgeable attorney.

We understand what you are going through. We know what steps to take to ensure your home and property are properly remediated and your health is not compromised. If health is at risk, we can help guide you more quickly and cost-effectively.

Property contamination can occur in several ways:

i. Indoor Air Quality. When inside your home or place of work, you expect a safe environment. Unfortunately, that is not always the case. Environmental conditions can cause unhealthy indoor air quality issues, including radon, asbestos, and mold. Assessment and resolution of these complex issues often require assistance from experienced scientists and legal counsel.

ii. Water Pollution. Contamination of surface water or groundwater is a serious matter. Not only is the health of water dependent wildlife at risk, but public drinking water supply sources can also be in peril. Eliminating sources of contamination and implementing clean up is complicated, and involves a complex network of environmental laws and regulations. Whether your case involves state or federal laws governing impacts to groundwater or surface water (including, the Clean Water Act, Safe Drinking Water Act, CERCLA, the Oil Pollution and Hazardous Substances Control Act, the Sedimentation Pollution Control Act, or others), we can help you navigate the law and facts and steer you toward success.

iii. Mold Contamination. Mold and excess moisture issues can arise in newly constructed homes or in older apartments. We can guide you toward experienced and reliable mold-testing professionals. We can also help you assess the strength of legal claims for clean up and compensation from the builder, landlord, or others responsible for the mold growth. We also know medical experts experienced in evaluating and treating and patients exposed to mold and excess moisture. If you believe your life has been impacted by mold growth or excess moisture, we can help.

This is not an exhaustive list of the types of property contamination cases we have experience handling. If your property has been contaminated, or if you have been accused of causing contamination, please contact our firm for a free consultation.

For more information please call (919) 754-1600 or email us.

WETLANDS MITIGATION

Wetlands are a vital ecological link between the water and the land. The four basic types of wetlands are marshes, bogs, swamps, and fens. These areas are characterized by their heavy water saturation throughout the year and are primarily differentiated by the types of vegetation they support. Wetlands provide habitat to a myriad of aquatic and terrestrial plants and animals, including fish, frogs, migratory birds, and waterfowl, as well as serve many beneficial functions like flood storage and water quality protection.

The United States loses more than 50,000 wetlands per year, often as the result of commercial and residential development. Because they are such a unique and important part of our ecology, the destruction of wetlands may have serious consequences for our environment. The State of North Carolina has adopted Wetlands Banking and Mitigation as one method of conserving wetlands habitats.

Wetlands Mitigation occurs where a developer specifically preserves, enhances, or restores a wetland to compensate for adverse impacts to similarly situated nearby systems. Mitigation is most effective when large wetland tracts can be conserved together as one large ecosystem rather than as several piecemeal tracts. This practice if often referred to as Mitigation Banking. In effect, Wetlands Mitigation works to maintain an environmental balance by providing new wetlands areas when others have been damaged or destroyed. In many states, Mitigation is required by law for anyone seeking a permit to build on or develop existing wetlands.

Our attorneys have worked extensively with wetlands conservation and Mitigation issues and have an understanding of both environmental law and regulatory guidelines in this rapidly and ever-changing area of law.

 For more information please call (919) 754-1600 or email us.

REAL ESTATE & LAND USE ISSUES

There are many facets to real estate and land use that may require legal assistance; including zoning issues. Our firm regularly advises municipalities and counties on land use issues and handles zoning, subdivision, and board of adjustment matters on behalf of property owners and developers. We also assist commercial and residential developers in obtaining or opposing local government decisions relating to zoning, permitting, variances, annexations, special use permits, site plan approval, subdivisions, and road closings. Not only have our attorneys dealt with numerous zoning cases, they have also experienced zoning issues themselves as the Raleigh area continues to grow and change.

i. Zoning. Zoning laws are government controlled restrictions on how land in particular areas may be used. Land zones can be categorized as housing, financial, or industrial. Zoning laws are formed so that people can buy houses in residential areas and not have to deal with a loud or polluting factory next door to them.

ii. Contracts. If a piece of property is sold and there is any contamination found, even if the contamination did not occur while you owned the property, you could be found liable because your name has been on the chain of title. Prudent sellers will place language within the land sale contract preventing them from liability from such if contamination is found after they have sold it. Our attorneys are well versed in land sale contracts, and can help protect you from being found liable for contamination that is not your fault.

iii. Risk Allocation. The increased risk of environmental liabilities accompanying a property must be taken into consideration of purchasers and sellers of financially troubled real estate. Those environmental risks may negatively affect the property value, damage revenue-generating possibilities, and create liability for purchasers in the future. Attorneys who draft real estate purchase agreements must prudently assess all environmental risks, known and presently unknown, to diminish the possibility of future liability. Our attorneys at the Law Offices of F. Bryan Brice, Jr., know precisely how to construct real estate purchase agreements that take into account environmental risks and can help you to avoid and minimize future liability.

For more information please call (919) 754-1600 or email us.

OTHER PRACTICE AREAS

Life is filled with challenges and opportunities that come in many forms. It’s important to have an attorney you trust who you can turn to no matter what life throws your way. Our office can advocate for your interests, provide sound legal advice, and do it all cost-effectively. Regardless of your legal issue, having an experienced attorney at your side can make all the difference. We will be with you through all stages of the proceedings, advising you along the way to ensure your best interests are being met and working to lessen the impact the charge will have on your future.

Below are some other areas of the law practiced by our firm, such as:

i. Personal Injury. One can suffer a personal injury as a result of the intentional or negligent actions of another, including drivers, business owners, and healthcare providers. Because the legal system is so complex, far too often an injured person fails to understand their rights and entitlement to compensation, including damages for medical bills, lost wages, pain-and-suffering, and others. Our law firm has years of experience obtaining compensation for those seriously injured by the conduct of others. We are prepared and eager to advance your interests both in and out of court, and we are committed to achieving the monetary compensation to which you are entitled in the most cost-effective manner possible.

ii. Contracts & Business Litigation. Our office has experience litigating contracts and business cases, both for plaintiffs and defendants, and we routinely counsel individuals and small businesses on a number of issues. If you are having a dispute over matters you believe were part of an oral or written contract, you should know the law protects individuals and entities against unfair and wrongful breaches of contracts. Our office can inform you of your rights and will work to protect them. We also represent the interests of businesses large and small on a variety of issues.

For more information please call (919) 754-1600 or email us.