W. Blaine Early III

Blaine’s science background and experience as a college professor help set him apart as an environmental lawyer, where technical expertise is an important complement to the practice of law. His legal practice is a broad approach to environmental law that includes a focus on water and land issues, agriculture, natural resources and energy, and the intersection of surety law and environmental regulatory matters. He counsels clients on environmental compliance and environmental considerations in real estate and business transactions and is active in civil and administrative litigation.

Recent Assignments

• Advising surety on risks and compliance obligations associated with completing coal mine reclamation to avoid bond forfeiture
• Advising materials recycler on compliance with state and local water quality laws and ordinances
• Representing landowner in dispute over payment of mining royalties
• Defending mineral mining operations against citizens' suits alleging unauthorized water pollution
• Advising investor/purchaser of mining and mineral interests from bankruptcy estate
• Defending waste facility permit against citizens’ challenge
• Defending power plant's wastewater discharge permit against citizens' challenge
• Counseling clients on the validity of permit requirements and challenging permits when necessary
• Part of the legal team for surety companies addressing bankruptcy, mine reclamation, black lung and workers compensation issues
• Led the legal team on behalf of a major metropolitan area to challenge a wastewater discharge permit upstream of the city's drinking water intake and to protect upstream source water
• Counsel to major animal agriculture producers in litigation and compliance with environmental laws including Clean Water Act, CERCLA, EPCRA, waste and common law nuisance
• Counsel for real estate and business transactions and mineral, natural gas and oil development
• Represented parties in litigation involving water intrusion and mold growth in buildings
• Defending manufacturers in actions alleging exposure to toxic materials such as lead in the workplace and homes

Recent News, Articles & Speaking Engagements

• What You Need to Know About Reclamation Bonds, Speaker, National Association of Surety Bond Producers (NASBP), February 28, 2023, with William T. Gorton III
• Develop a Sustainability Plan, with Shane Tedder, David DeVore andEmily Ladouceur, Bluegrass Forever Green Summer Conference 2022, July 2022
• Chapter 7: Reclamation Bonds, co author with Robert L. Scanlon and Laura M. Murphy, The Law of Commercial Surety and Miscellaneous Bonds, Third Edition, ABA Tort Trial and Insurance Practice Section, 2022, with William T. Gorton III
• Can My Business Take the 100% Clean Energy by 2030 Pledge?, 20th Annual Kentucky Environmental Conference, Kentucky Chamber of Commerce, March 10-11, 2022
• Four Important Environmental Law Changes Since You’ve Been Home, with Jennifer J. Cave , William T. Gorton III , Robert C. Moore , Mary Lucille Noah (Mary Lu) , and W. Patrick Stallard, Stites & Harbison Client Alert, May 5, 2020
• Stormwater Management and Green Infrastructure, Kentuckiana Chapter of Hazardous Materials Managers, Louisville, KY, March 11, 2020
• Use Energy Star Portfolio Manager to Monitor Energy Use and Boost Profits, 9th Annual Kentucky Energy Management Conference, January 30, 2020
• Stormwater Management System Objectives and Design Considerations, Stormwater Basins and Underground Systems, HalfMoon Seminars, Louisville, KY, November 1, 2019
• Corporate Sustainability Best Practices...Using the Energy Star Portfolio Manager to Boost Profits and Promote Sustainability, 28th Annual Business & Industry's Sustainability & Environmental, Health and Safety Symposium, Cincinnati, OH, March 26, 2019

Community Involvement

• Lexington-Fayette County Urban Government, Environmental Commission, Chair
• Bluegrass Tomorrow, Executive Board and Vice-Chair for Bluegrass Forever Green
• Upper Cumberland River Watershed Watch, Secretary and Board Member
• Watershed Watch in Kentucky, Inc., Board Member

More Than Stites & Harbison

Law is Blaine's second career. He served on the biology faculty of Cumberland College (now the University of the Cumberlands) in Williamsburg, Ky., from 1979 until 1993, chairing the department (1984 to 1993) and earning the rank of full professor. His research focused on insect/plant interactions, and he continues those interests. Prior to joining the firm in September 1998, Blaine was Judicial Law Clerk to Hon. Jennifer B. Coffman, United States District Judge for the Eastern and Western Districts of Kentucky, in London, Kentucky. Blaine is current Chair of the Lexington-Fayette County Urban Government Environmental Commission and is a member of the Executive Board of Bluegrass Tomorrow. He is a member of the board for the Upper Cumberland River Watershed Watch and is a member of the board of the state-wide organization Watershed Watch in Kentucky, Inc. Blaine is a former Chair of the Kentucky Chamber Energy and Environmental Council, a former member of the Board of Trustees of the Energy and Mineral Law Foundation, former chair of the Water Quality and Wetlands Committee of the American Bar Association's Section on Environment, Energy, and Resources and co-chair of the Section’s Virtual Learning Committee; former chair of the Natural Resources Section of the Kentucky Bar Association; and, a former president of the Kentucky Academy of Science. He is an amateur radio “ham” extra class radio operator, is active in regional emergency communications efforts, and delights in remote, solar-power communications activities.