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Monday 15 July 2013

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Attorneys law Biogarphy

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We regularly negotiate on behalf of our clients with regulators and enforcement officials from federal, state, and local agencies, and have significant experience representing clients in formal and informal administrative hearings. We also work with our local government clients in writing and interpreting erosion and sediment control ordinances, land use ordinances and ordinances related to the Chesapeake Bay Act, and we regularly work to enforce and defend actions brought under these same ordinances. Our attorneys appear before the Virginia Marine Resources Commission on permitting of marine structures. We have also created and advised entities on broadband development, including contracting, licensing and intellectual property issues.
While we seek to avoid the costs and burdens of litigation, our environmental attorneys in Virginia and North Carolina know that sometimes litigation is necessary, and they have successfully argued before the Supreme Court of the United States, the Supreme Court of Virginia and in district and circuit courts across the state and the nation. Our litigation team has successfully represented clients on issues including the following:
Successfully represented a client in concurrent proceedings filed in three circuit courts, federal district court, federal bankruptcy court, and before DEQ related to operation of a landfill, and ultimately mediated settlement of all claims.
Helped protect landowners in western Loudoun County from the construction of a 230 kV electric transmission line through their properties.
Defended owner of several gas stations in RCRA suit brought by the EPA related to the operation of USTs and seeking significant civil penalties, and successfully negotiated the imposition of no civil penalty against client.
Sought and was granted approval by the SCC to participate on behalf of client in utility rate case two years after close of record to protect client's interests.
Represented a business in protecting its industrial site from encroachment by an electric transmission line.
Successfully negotiated complex wetlands and erosion and sediment control issues with the Department of Conservation and Recreation in the expansion of a shopping center.
Successfully negotiated development of a core historic building under a locality's historic development ordinance to allow modification and expansion of the building and change of use.
Represented a locality in the siting, permitting and contract negotiations for the development and operation of a major landfill.
Resolved land use issues for the expansion of an existing landfill in a land use classification which did not permit landfills.
Defended regional solid waste authority from retroactive, punitive DEQ action
The environmental lawyers in our Environmental and Regulatory Law Team serve on the Board of Directors of the Virginia Bar Association's Environmental Law Section, and are regularly asked to speak at seminars and train local officials throughout Virginia on environmental and land use topics.
Related AreasSands Anderson's environmental attorneys also are experienced in handling "toxic tort" litigation. We represent a wide variety of manufacturers and end users in both personal injury and property damage cases involving alleged chemical exposures. These are but a few examples of the sorts of environmental cases handled by our toxic tort attorneys.
The environmental lawyers of Sands Anderson serve clients throughout the Mid-Atlantic from our offices in Virginia and North Carolina.
Let's Talk - Contact our Environmental Attorneys
Working with our Environmental Attorneys who are experienced in handling cases like yours can make all the difference. Our Environmental Attorneys act in partnership with you to respond to your current needs and anticipate future opportunities. Contact us today through our online form to get started.
Formal systems of laws have existed since Hammurabi erected his code in the courtyards of temples during his reign as ruler of the Babylonian empire early in the 18th century b.c.e., and since then there has been a need for individuals to study and interpret those laws. However the history of attorneys, those who are professionals dedicated exclusively to the study, interpretation and application of the law is much more recent.
The sophists of ancient Athens were probably the first who existed as a class of people who were considered as something akin to lawyers. However, there were some societal situations that inhibited the development of a legal profession. One was there was an Athenian law requiring citizens to plead their own cases. This eroded over time as more and more requested friends to act as an advocate for them. More importantly, though, was the law the disallowed anyone from exacting a fee to plead for someone else, thereby preventing anyone from presenting themselves as a legal expert.
Travelling along the narrow corridor, it is in the ancient Roman Empire where the first real development in the history of attorneys occurs. During the reign of the Emperor Claudius in the first century c.e., the ban on fees is abolished and legal advocates are allowed professional status. During this time, a class of legal professionals quickly evolves and by the late fourth century a true legal profession had evolved, dedicated to the study and practice of law, with regulations and standards in place for guidance.
During the Middle Ages, paralleling the collapse of the Roman Empire in the west, the legal profession essentially disappears. Within the Church, a body of men pursued the study of Canon Law, but practice in civil law was rare, if it existed at all. By the mid-thirteenth century, the legal profession begins to reemerge. In England, the Magna Charta effectively shifts power and authority away from the monarchy and into the hands of a larger number of people. By the beginnings of the Protestant Reformation, as a greater number of political states begin to evolve away from control of the Church, a more thoroughly structured concept of the legal profession begins to appear and oaths and ethical expectations, educational requirements, and fee controls were implemented, although there was no universal standard.

By the end of the American and French revolutions, a greater need for a legal profession manifests itself as the power of monarchies is being broken. With this wearing away of absolute power in the hands of a single individual, and varieties of democratic states appear, the legal profession grows. With the concept of all citizens equal before the law being a cornerstone of democratic philosophy, a greater need for attorneys is evinced. A brief history of attorneys reveals a movement from a loose concept an advocate who offers assistance to an individual appearing before the council of the Greek city-state to a system of legal organizations, areas of specialization, licensing, government regulation, and uniformity of procedures that shapes and forms the modern legal system and the values of its practitioners.
As the chief legal officer of the State, the Attorney General has the constitutional duty of acting as legal adviser to and legal representative of State agencies. He or she has the prerogative of conducting legal affairs for the State. The effect of this grant of power to the Attorney General is that Illinois is served by a centralized legal advisory system. EPA v. PCB (1977), 69 Ill. 2d 394.

The Office of Attorney General first came into existence at the admission of the State of Illinois to the Union on December 3, 1818. Adapted constitutionally and legislatively over the years to meet the needs of a growing State, the office has increased in size and importance and its powers have been greatly expanded since the early days of Illinois State government. This history traces the constitutional and statutory development of the Office of Attorney General from an office filled at the option of and by the General Assembly to an independent office, responsible to the electorate, with broad powers not subject to diminishment or transfer.

The Constitution of 1818, adopted on August 26, 1818, by a Constitutional Convention held in Kaskaskia, authorized the General Assembly to appoint an Attorney General and to regulate his duties by law. (Ill. Const. 1818, Schedule, ß10.) Illinois' first Attorney General was Daniel Pope Cook, who served for 11 days beginning on March 5, 1819. Attorney General Cook went on to represent Illinois in the U.S. Congress; and Cook County, created in 1831, was named in his honor. Though none served such a short term, most other holders of the office during its first three decades served for relatively short periods of time, generally one to two years. No fixed term was provided for the office until a two-year term was established by law in 1831. (Laws 1831, pp. 17-18.)

The General Assembly defined the Attorney General's duties as well as provided for the appointment of circuit attorneys in "An Act for the appointment of Circuit Attorneys, and defining their duties, and the duties of the Attorney General," approved March 23, 1819. (Laws 1819, p. 204.) Section 8 of the Act established powers specific to the Attorney General, including the duty to "prosecute on behalf of the state, all suits which may be commenced by and on behalf of the said state, and all matters relating to the revenue thereof, and all impeachments * * *." In addition, section 8 required the Attorney General to give his opinion in writing on all questions of law "relating to the public concerns of this state" to the Governor, the Auditor of Public Accounts and the State Treasurer.

The Attorney General also functioned as a circuit attorney in the circuit that he was to designate under section 7 of the 1819 Act. [In the event of a vacancy, a successor Attorney General was to reside and prosecute in the circuit of his predecessor to avoid interference with existing circuit attorney appointments.] Circuit attorneys in the remaining three circuits of the state were appointed by the Governor with the advice and consent of the Senate. Unlike the Office of Attorney General, the office of circuit attorney was not specifically provided for in the 1818 Constitution, but was created in the 1819 Act. Circuit attorneys were charged in section 3 of the Act with prosecuting "all matters and things, pleas, actions, and suits, wherein the state is a party." Under section 3 of the Act, the circuit attorneys and the Attorney General were to be commissioned by the Governor "to continue in office during good behavior."

In the provisions of "An Act supplemental to an Act entitled 'An Act for the appointment of Circuit Attorneys and defining their Duties, and the Duties of the Attorney General,' approved March 23, 1819," approved January 18, 1825 (Laws 1825, p. 178), the Attorney General was assigned the duties of a circuit attorney in the first judicial circuit, which included the counties of Peoria, Fulton, Schuyler, Adams, Pike, Calhoun, Greene, Morgan, and Sangamon. (Laws 1824, p. 119.) The remaining circuits, now numbering four, were to continue to be served by circuit attorneys appointed by the Governor with the advice and consent of the Senate.
The provisions of the 1819 and 1825 Acts were repealed by "An Act relating to the Attorney General and State's Attorneys," approved February 17, 1827, and effective February 19, 1827. (Revised Code 1827, p. 79.) In addition to continuing the responsibilities of the Attorney General as set forth in the 1819 and 1825 Acts, including the responsibility to function as circuit attorney for the first circuit, the 1827 Act, in section 2, specifically directed the Attorney General to "attend each of the terms of the supreme court, and there commence, prosecute or defend every case that the people of this state, the auditor of public accounts, the state bank or any county of this state shall in any wise be a party to, or interested in the result." The Attorney General's duty to give opinions was expanded to encompass, in addition to the Governor, the Auditor of Public Accounts, and the State Treasurer, the county commissioners' courts and justices of the peace within his circuit, the Secretary of State, and the General Assembly, or either branch thereof. In section 6, the Attorney General was given the right to call upon the State's Attorneys to assist in "the prosecution, or in the defence of any suit in the supreme court, or the trial of any impeachment which it shall be the duty of the Attorney General to attend to." [Note: The terms "State's Attorney," "circuit attorney," and "prosecuting attorney" were used interchangeably in statutes enacted prior to the adoption of the 1870 Constitution to refer to attorneys appointed or elected on the circuit level to exercise prescribed representational responsibilities. Likewise, this history, in using any of these terms, refers to the same office.]
In 1831, in section 5 of "An Act to provide for the election of auditor of public accounts, and further defining his duties," approved and effective February 14, 1831 (Laws 1831, pp. 17-18), the General Assembly spoke for the first time concerning the manner of election and term of office of the Attorney General. [This provision was reenacted in "An Act to consolidate the acts relative to the Auditor and Treasurer and election of the Attorney General," approved March 2, 1833, and effective July 3, 1833 (Revised Laws 1833, p. 103).] In that section, it was provided that the General Assembly, by joint vote of both branches, was to elect the Attorney General "whose duties shall be such as are or may be defined by law." Such election was to be made during the session of the General Assembly "commencing on the first Monday in December, 1834, and every two years thereafter."

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