Alexander "Alex" Elkan

An accomplished and knowledgeable environmental lawyer and litigator, Alex works efficiently to achieve clients’ goals in North Carolina and throughout the country. He provides strategic counsel on all manner of environmental, natural resources and land use matters, and represents clients in permitting and transactional matters as well as litigation before state and federal administrative tribunals, and trial and appellate courts. Alex often represents companies in the mining, timber, real estate, manufacturing, and waste management industry sectors, as well as municipal governments and individuals. Alex’s main area of practice includes working with clients on clean water act and other regulatory permitting, with a focus on complex wetland and water issues.

Alex focuses his practice on environmental, natural resources, and land use law. He often appears before state and federal administrative, trial, and appellate courts. He has extensive experience counseling and representing clients in virtually all manner of environmental compliance, transactional, permitting and litigation matters. Examples of Alex’s work include: obtaining complex and contested Clean Water Act wetlands and discharge permits; counseling clients on a myriad of regulatory compliance and permitting matters under federal, state, and local requirements – including water, land, air, endangered species, hazardous waste, environmental assessment and remediation, etc.; counseling light and heavy industry and development clients on environmental, health and safety issues; and litigation involving permitting, government fines and penalties, and contaminated properties.

Alex has experience in a wide variety of environmental, natural resources, and science and technology matters such as: toxic torts; the Clean Air and Water Acts; Superfund; RCRA; EPCRA; Coastal Zone Management; NEPA; SEPA; OPHSCA; NESHAP; OSHA; Federal Power Act; water resources; zoning and land use; SPCA; underground storage tanks; mining; wetlands permitting; air permitting; contaminated properties; asbestos, mold, and "sick building" issues; "green" building and manufacturing; environmental marketing; environmental and human health risk; and various nanoscience and nanotechnology issues. Among other sectors, Alex regularly represents educational institutions, municipalities, manufacturers, resource extractors, developers, environmental consultants, hazardous waste companies, and a range of other businesses.

Alex’s trial and appellate litigation practice involves representing individual and corporate clients in all manner of environmental, natural resources and land use disputes before local, state and federal administrative tribunals, and trial and appellate judicial courts. Alex regularly litigates a broad range of complex matters involving mining, real estate, contaminated properties, toxic torts, permits, waste, and various other land use and environmental matters. Alex's successful trial and appellate litigation practice has resulted in significant published cases:

• A leading case on groundwater contamination and toxic tort claims
  
  Curl v. American Multimedia, Inc., __N.C.App.__, 654 S.E.2d 76 (2007)
• A seminal case on Government environmental penalties and third-party intervention
  
  Holly Ridge Associates, LLC v. North Carolina Dept. of Environment and Natural Resources, 361 N.C. 531, 648 S.E.2d 830 (2007)
• Commercial lease and contract disputes
  
  Kennedy v. Gardner, 170 N.C. App. 118, 611 S.E.2d 480 (2005)
• Real estate and securities fraud claims
  
  Synergy Financial, L.L.C. v. Zarro, 329 F.Supp.2d 701 (W.D.N.C. 2004)

Alex is a certified Superior Court mediator and also provides mediation services as part of his law practice.

He regularly lectures and develops courses on environmental law topics for audiences comprised of attorneys, engineers, and other professionals. He is active in the litigation and environmental sections of the North Carolina and American Bar Associations.

Alex's background includes work as a commercial fisherman in the North Pacific, as a congressional fellow with the U.S. Senate Commerce Committee, as a research biologist with the U.S. Environmental Protection Agency, as a research and teaching associate with the Duke University Marine Laboratory, and as an environmental science and policy consultant. He obtained his Juris Doctorate from the University of North Carolina at Chapel Hill School of Law, his Masters of Environmental Management from Duke University's Nicholas School of the Environment, and his Bachelor of Science degree from Union College. Alex was honored to be awarded a Fulbright Scholarship in support of his doctoral studies at Duke University.