C. Max Zygmont

Partner

Atlanta, GA

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CONTACT INFORMATION

EMAIL: mzygmont@kmcllaw.com

PHONE: 404-969-0747

Office Address:
1230 Peachtree Street, N.E.
Suite 900
Atlanta, GA 30309

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EDUCATION

University of North Carolina School of Law (J.D., 2007)
University of Georgia (B.A., 2002)

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BAR ADMISSIONS

Georgia
N.D. Georgia
DC Circuit Court of Appeals

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HONORS & RECOGNITION

Acritas Star (2019)
Chambers USA, "America’s Leading Lawyers for Business" (2007-Present)
Superlawyers

Max Zygmont has a broad-based litigation, enforcement defense, and compliance counseling practice. He combines strength in core environmental programs with a firm grasp of emerging environmental issues. Max routinely advises clients regarding the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act and Superfund. Max's work in these areas has taken place at both the state and federal levels and in all contexts, from transactions and permitting to government enforcement and citizen suits.

Background & Education
Max is an established leader among environmental lawyers and professionals. For example, Max is an adjunct professor of environmental law at Emory University School of Law, is a 2017 graduate of the Institute for Georgia Environmental Leadership, and is a past Chair of the Environmental Law Section of the Georgia Bar Association. He currently serves on the Steering Committee of the Georgia Environmental Conference and also on the Chattahoochee Nature Center Board of Trustees.
Honors & Recognition
Acritas Star (2019)

Chambers USA, "America’s Leading Lawyers for Business" (2007-Present)

Superlawyers
Publication & Speaking
Routine speaker at CHWMEG, Inc. semiannual meetings (2015-2018)
Routine speaker at Georgia Environmental Conference (2009-2018)
Frequent guest lecturer at Emory Law School (2015-2018)
Representative Experience
National environmental counsel for multi-facility pesticide manufacturer. Matters include a successful Clean Water Act citizen suit defense, multi-media compliance counseling, counseling in connection with wide-ranging grand jury subpoena relating to pesticide matters, local and EPA-driven risk management and process safety management program requirements, Federal Railroad Administration enforcement, OSHA enforcement defense and recording/reporting counseling, and pesticide manufacturing and distribution requirements.

National environmental counsel for the world’s largest rolled aluminum company. Matters involve enforcement defense and compliance counseling on air and wastewater issues in multiple jurisdictions. In addition, we have obtained favorable settlements at federal and state-level Superfund sites in a number of jurisdictions.

Developed and executed Lone Pine strategy on behalf of a leading aggregates company, and in coordination with major utility co-party, to obtain dismissals prior to any meaningful discovery in mass personal injury and property damage toxic tort litigation.

For a major zinc galvanizing company, defending as intervenors an environmental group’s administrative challenge to the issuance of NPDES permits for two of the company’s facilities. Also, counsel company on Georgia industrial stormwater compliance requirements, RCRA requirements, and completion of the Georgia Voluntary Remediation Program at one of their facilities.

Environmental counsel to Great Lakes-region merchant coking company, involving Clean Air Act permitting, enforcement defense, and litigation with state agency and EPA, permitting and enforcement defense related to process water discharges, and counseling concerning RCRA compliance strategies for coking co-products.

Represented state’s largest rendering company regarding Georgia EPD’s planned revisions to certain wastewater permitting processes and, in conjunction with other industry groups, executed comment and advocacy strategy to successfully reset and redirect the process. Also counseled company on multi-media permitting, compliance, and threatened tort matters at multiple facilities.

Defeated Clean Air Act Title V permit challenges brought by environmental group against southeast merchant coke company. Challenges included an administrative challenge before the permitting authority and a Title V Petition for Objection to EPA. Challenges were premised on alleged HAP and criteria pollutant impacts on nearby communities.

In Georgia EPD wastewater and solid waste enforcement action revoking our client’s NPDES and solid waste permits, defeated overwhelming majority of alleged violations in week-long hearing before the Office of State Administrative Hearings. Following hearing, reached settlement arrangement under which our client remained operative.

Environmental counsel to one of Georgia’s most significant private landowners, including defense of landowner in Clean Water Act 404 and stream buffer enforcement and counseling and project management in connection with permitting of further work.

For a Georgia auto-parts manufacturer, obtained favorable settlement and Title V permit revision in response to Georgia EPD enforcement concerning HAP emissions and control equipment outages.

Represent southeast merchant coking company facing parallel enforcement proceedings brought by the U.S. Environmental Protection Agency under the federal “Superfund” statute and under the federal hazardous waste statute and threatened toxic tort suits.

Petitioned for review, and obtained rare vacatur, of an NPL listing in the D.C. Circuit Court of Appeals on behalf of an auto-parts company.

Petitioned for review and, with co-petitioners, obtained rare stay of the Cross-State Air Pollution Rule under the Clean Air Act in the D.C. Circuit Court of Appeals on behalf of a utility client.

Participation in D.C. Circuit challenging additional Clean Air Act rulemaking, including EPA’s Start-up, Shutdown, Malfunction SIP Calls and briefing following the Supreme Court’s remand of the Tailoring Rule litigation.

Coordinated collection and disclosure of environmental diligence in corporate sale involving more than 50 industrial facilities.

Obtained amicable resolution allowing future operations of hospitality client facing shutdown orders from environmental and health agencies due to alleged water supply contamination.

Handle major groundwater investigation and remediation issues at site declared “Georgia’s number 1 superfund site” by EPD Director.

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