Kimberley J. Hale

Partner

Atlanta, GA

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CONTACT INFORMATION

EMAIL: khale@kmcllaw.com

PHONE: 404-812-0841

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

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EDUCATION

University of Georgia School of Law (J.D., 1998)
Georgia Institute of Technology (B.C.E., 1994)

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BAR ADMISSIONS

Georgia

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HONORS & RECOGNITION

Lawyer Monthly Magazine, "Women in Law Award- Environmental" (2019)
Chambers USA, America’s Leading Lawyers for Business – Environmental Law
Best Lawyers (2018-Present)
Georgia Trend, "Legal Elite" (2018-present)
Institute of Georgia Environmental Leadership Class of 2018
Past Chair of the Environmental and Toxic Tort Section of the Atlanta Bar Association

Kimberley Hale regularly advises industrial clients, developers, and local governments on state and federal environmental compliance, permitting and enforcement matters. Utilizing her environmental engineering background, Kimberley has a particular expertise with regard to solid management issues and stormwater compliance. Kimberley serves as outside counsel for various national lenders and real estate investment firms, aiding in the risk assessment of potential environmental impacts on real property located in all fifty states. Her practice also includes routinely advising clients regarding environmental risks in merger and acquisition transactions. In addition to her transactional and regulatory work, Kimberley has significant experience in defending citizen suits brought under the Clean Water Act and other related land use and zoning litigation.

Although Kimberley’s practice includes environmental issues for property and industries located all across the country, she is recognized as a leader in Georgia environmental law. Kimberley is a past chair of the Atlanta Bar’s Environmental & Toxic Tort Section and is a 2018 graduate of the Institute for Georgia Environmental Leadership. She regularly speaks at the Georgia State Bar Environmental Section Conference and Georgia Environmental Conference, is a frequent guest lecturer at Emory Law School, and currently serves on the seminar committee for the Georgia Brownfield Association.

Background & Education
Prior to law school, Kimberley obtained her civil engineering degree from the Georgia Institute of Technology and worked as an environmental engineer with an Atlanta private consulting firm designing municipal solid waste landfills, stormwater plans, commercial site plans and small roadways in accordance with Georgia EPD solid waste handling regulations and Georgia DOT guidelines.

In law school, Kimberley was Editor-in-Chief of the Journal of Intellectual Property Law and a member and coach of the Jessup International Moot Court Team. Before beginning her legal practice at McKenna Long & Aldridge LLP (now Dentons US LLP, an AmLaw 100 Firm), Kimberley clerked for Chief Judge G. Ernest Tidwell for the Northern District Court of Georgia.

Kimberley is also an active community volunteer, including serving on the Board of Advisors of the Alliance Theater.
Honors & Recognition
Lawyer Monthly Magazine, "Women in Law Award- Environmental" (2019)
Chambers USA, America’s Leading Lawyers for Business – Environmental Law
Best Lawyers (2018-Present)
Georgia Trend, "Legal Elite" (2018-Present)
Institute of Georgia Environmental Leadership Class of 2018
Past Chair, Environmental and Toxic Tort Section of the Atlanta Bar Association
Publication & Speaking
Kimberley regularly speaks at conferences regarding a multitude of environmental matters including M&A due diligence, risk strategies in lending, vapor intrusion guidance, stormwater compliance, Brownfield programs and tax abatements, and citizen suit disputes. Recently, Kimberley has been a guest speaker at the NBI Land Use Seminar, the Environmental Banker’s Association, the Georgia State Bar Environmental Section Conference, the Georgia Water Use Convention, and the Georgia Environmental Conference.
Representative Experience
Serving as outside counsel for a national lender assessing and advising on best strategies to address potential environmental concerns for collateral during loan origination. Advisement includes review of thousands of Phase I reports, planning of additional assessment, and drafting of legal opinions regarding the risks related to identified environmental concerns.

Serving as outside counsel for multi-national lender advising on environmental due diligence for distressed assets located in all fifty states prior to foreclosure or substitution of collateral. Such review includes coordination of a large team of environmental consultants, review of thousands of Phase I reports, planning of additional assessment, and drafting of legal opinions regarding any environmental concerns and the taking of title.

Serving as outside counsel to a multi-national chemical adhesive company advising on environmental regulatory compliance matters.

Represented gas utility company in CERCLA cost recovery action related to historical manufactured gas plant site.

Represented sulfuric acid company in successful acquisition of 755 acre coastal chemical plant complex, including acceptance of property into Georgia’s Brownfield Program.

Represented eastern regional solid waste hauler company in sale to integrated waste services corporation, including solid waste collection, transfer, disposal and recycling services in secondary markets of the Western U.S.

Represented Georgia manufacturer and distributor of various industrial chemicals in sale of company to private equity investor.

Advised various developers and prospective real estate purchasers with respect to environmental due diligence and application to the applicable state brownfield program allowing for closure of relevant environmental concerns and acquirement of tax and other benefits.

Advised national property management company with respect to federal, state, and local lead-based paint regulations at properties across the country.

Represented several Georgia scrap metal recycling companies in Clean Water Act citizen suit disputes resulting in favorable dismissals or settlements.

Successfully defended a former dry cleaner owner in a cost recovery action brought pursuant to RCRA, nuisance and trespass laws.

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