The landfill approval process has many layers of complexities, often听 requiring 听legal guidance to navigate the minefields in the zoning and permitting stages.Tom Terrell is a North Carolina land use and environmental attorney who has represented more than 20 solid waste companies and local governments in their efforts to site, permit or expand more than 25 solid waste facilities, including MSW, C&D, LCID, medical waste and scrap recycling sites.听 His experience includes local zoning, state permitting and litigation. In the past year, he has represented Randolph County, N.C.听 in its local permitting for a municipal solid waste regional landfill; handled a 20-acre rezoning, annexation and variance for a scrap yard for LKQ Corporation, the world鈥檚 largest recycler of automobile parts; negotiated a Development and Reimbursement Agreement for a 520 acre industrial park, the largest annexation in the City of High Point鈥檚 history; and conceived a bill to revamp local land use boards in N.C. Terrell appointed and chaired the committee for the latter effort and quarterbacked the political lobbying effort for its unanimous legislative approval. This bill rewrote the legislation for counties鈥� and municipalities鈥� boards of adjustment, who make decisions regarding variances, decide appeals of zoning decisions, and approve or deny permits for everything from airports to cell towers to rock quarries. He is chairing the redraft of all N.C. land use statutes moving into the 2015 legislative session, and had the N.C. Supreme Court uphold his trial court victory in a land use and environmental law litigation matter involving 1,100 jobs in eastern N.C. He talks to 国产麻豆 about getting zoning approval and overcoming challenges.
When did you start representing solid waste clients? I was a politically active member of my former law firm in the late 1980s, which created an opening for a land use and zoning practice. As my client base expanded regionally, I gradually developed a reputation as someone who could handle complex cases, and landfills and waste facilities are about as complex as they come.
What is the lawyer鈥檚 role in the approval process? In simple terms, the lawyer鈥檚 job is process management. Solid waste is serious business and not for the timid. You shouldn鈥檛 start the process if you aren鈥檛 willing to challenge local or state agency decisions in court when approval is denied. Within that process, the lawyer must know when to step back and allow the company representative, the engineers or other consultants to take the lead.
How does a lawyer help the zoning approval process move forward? What kind of things should they be knowledgeable on? The lawyer must keep his eye on the big picture and keep everyone鈥攃lient, staff, governing board and others鈥攆ocused on the real issues and real facts.听 Once opponents and the media start screaming, focus becomes a challenge. As to knowledge, a good lawyer must first know all of the local zoning ordinances and land use plans and know what legal standards he is dealing with. But he or she must also become thoroughly familiar with the local political structure, and be almost as conversant about the science of solid waste management and the engineering aspects of landfill construction as the team engineers.
Does it help to know the local government players? Always, and that includes staff as well as elected officials. Politics is a nuanced sport, but you seldom need to be local to play.听 In fact, it鈥檚 often easier to come in as an outsider without baggage and meet who you need to meet. Once you鈥檝e developed an appropriate rapport, it鈥檚 the lawyer鈥檚 job to learn the local ordinance better than the staff itself knows it and to assist in managing a complicated process.
When is it the right time to bring in a lawyer? Why? It鈥檚 much easier and cheaper to prevent problems than to fix them later. If you wait until you think you need a lawyer your problems probably are beyond fixing. Most solid waste facilities involve anywhere from hundreds of thousands to several million dollars in capital outlay, and a prudent company will involve the attorney long before the application process begins. If the lawyer is any good, he will help the company outline a deliberate and carefully planned process that anticipates all issues, assumes the worst, and lays the foundation early on for late stage litigation if it becomes necessary.
Do local officials resent the lawyer鈥檚 presence? There鈥檚 often resentment of a legal presence in any context, but typically it鈥檚 only when someone 鈥渁cts like a lawyer.鈥� With complex land use cases, a lawyer is most effective when he or she does not act threatening but rather works collaboratively and demonstrates how he or she can help local officials reach the right decision with sufficient facts to support a 鈥測es鈥� vote.听 Because it鈥檚 usually easier for them to vote 鈥渘o,鈥� board members appreciate an attorney who makes it easier for them to do what鈥檚 right.
What is typically the biggest obstacle? I used to think irrational fear was the biggest obstacle to landfill approval. Fear of change. Fear on the part of neighbors that they are being devalued or disrespected as humans by their proximity to a landfill. But over the years I鈥檝e realized that many landfill opponents are not fearful. They just use convenient and effective fear tactics.听 There鈥檚 a difference.
What drives opposition to a landfill if it鈥檚 not fear? Some people genuinely feel fearful. But even in the absence of fear, people enjoy fighting a common enemy.听 It gives them meaning and purpose.
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How do you overcome opposition? Oftentimes you can鈥檛.听 But photographs of well-run facilities can have a calming effect, especially on the decision-makers. Additionally, being professional, factual and quick to explain the science goes far.听 I always advise my clients to be aggressively proactive with information that pre-empts the claims that you know opponents will make. When that doesn鈥檛 work and you are denied, everything you need in the record should be there to support the business decision to litigate.
What鈥檚 the most important lesson you have learned? In football terms, if the lawyer is the quarterback, a good engineer can play every other offensive and defensive position on the field.听 I never get out ahead of my engineering colleagues, and I rely on their expertise every chance I get.
What was your first landfill case? My first landfill case, ironically, was opposing a proposed 鈥渟tump dump鈥� adjacent to a commercial client. Rather than focusing on the backs I could slap, I concentrated on the legal standards and the facts.听 In that case, a key fact was that all trucks had to cross a bridge that wasn鈥檛 rated for the average weight of incoming trucks.听 Twenty-five years later I still focus like a hawk on the facts and the law while never forgetting that you must also manage the political process.
Tom Terrell can be reached at (336) 378-5412 or e-mail [email protected]. He frequently comments on solid waste issues in his blog .