Todd A. Coomes

Counsel

302.651.7507
302.498.7701 (fax)
coomes@rlf.com
Todd Coomes concentrates on litigation and regulatory matters involving environmental, energy and utility interests. He counsels industrial, municipal, development and utility clients on matters arising under federal and state laws, including environmental permitting and brownfields, coastal zone, hazardous waste, and remediation and ratemaking.  Todd represents clients in state and federal court and agency proceedings, including Delaware’s Public Service Commission and Environmental Appeals Board.  He has represented clients in enforcement actions asserted by EPA and state agencies, including negotiations arising from multimedia investigations.  Todd also represents clients in transactions and litigation that relate to the purchase, sale or operations of manufacturing, industrial and other facilities.
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Select Experience

  • Assisted vinyl chloride manufacturing facilities in negotiations with the U.S. Environmental Protection Agency and state environmental agencies stemming from alleged violations of the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Emergency Planning and Community Right to Know Act and the Toxic Substances Control Act 
  • Assisted client in performing environmental compliance audit as part of its acquisition of a large Delaware industrial facility and reporting to federal and state agencies
  • Represented investor in potential acquisition of minority interest in global food company, overseeing EHS due diligence review of properties within the U.S.
View Experience >
Todd Coomes concentrates on litigation and regulatory matters involving environmental, energy and utility interests. He counsels industrial, municipal, development and utility clients on matters arising under federal and state laws, including environmental permitting and brownfields, coastal zone, hazardous waste, and remediation and ratemaking.  Todd represents clients in state and federal court and agency proceedings, including Delaware’s Public Service Commission and Environmental Appeals Board.  He has represented clients in enforcement actions asserted by EPA and state agencies, including negotiations arising from multimedia investigations.  Todd also represents clients in transactions and litigation that relate to the purchase, sale or operations of manufacturing, industrial and other facilities.

Experience

  • Assisted vinyl chloride manufacturing facility in expedited negotiations with the United States Environmental Protection Agency and Delaware Department of Natural Resources and Environmental Control stemming from alleged violations of the Clean Air Act (“CAA”), the Clean Water Act (“CWA”), the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) and the Emergency Planning and Community Right to Know Act (“EPCRA”).
  • Assisted client in performing environmental compliance audit as part of its acquisition of a large Delaware industrial facility and reporting to federal and state agencies.
  • Assisted vinyl chloride manufacturing facility in negotiations with the United States Environmental Protection Agency and New Jersey Department of Environmental Protection stemming from alleged violations of the CAA, CWA, RCRA, EPCRA and the Toxic Substances Control Act (“TSCA”).
  • Assisted in representing Delaware wholesale electricity supplier in its appeals of the Delaware Multi-Pollutant Regulation before the Delaware Environmental Appeal Board and Delaware Superior Court.
  • Represented Wilmington not-for-profit entity in CERCLA recovery action undertaken by United States Environmental Protection Agency to recover clean-up costs relating to historical contamination at its property.

Publications

  • "Tank Trap? Lender Liability Reform and Expanded Scope of Underground Storage Tank Liability for Owners and Operators," Delaware Banker, Summer 2014   View >
  • "Delaware Grants Authority to State Environmental Agency to Impose Environmental Liens to Recover Investigation and Clean-up Costs," Delaware Banker, Summer 2013   View >
  • "Commercial Real Estate Loans: Lender's Environmental Liability," PLC Real Estate, 2013   View >
  • "Commercial Real Estate Loans: Environmental Due Diligence for Lenders," PLC Real Estate, 2013   View >
  • "Kurak v. Dura Automotive Sys., Inc.," January 3, 2008   View >

Presentations

  • "Real Estate Law: Advanced Issues and Answers," July 15, 2014
  • "The Delaware Coastal Zone Act at 40: Past, Present, and Future," September 30, 2011
  • "Environmental Law 2010 - Sponsored by the Environmental Law Section of the Delaware State Bar Association," June 16, 2010
  • DSBA Environmental Law 2013 - CLEAN WATER ACT: Recent Federal Decisions Update
  • DSBA Environmental Law 2012 - Revisions to HSCA Regulations And the New Duty to Report

Awards

  • Delaware Today Top Lawyer, Environmental Law, 2015, 2014, 2013

Education

  • J.D., cum laude, Tulane Law School, 2001
  • B.S., Georgia Institute of Technology, 1998

Admitted to Practice

  • Delaware, 2005
  • Georgia, 2001

Clerkships

Staff Attorney, Eleventh Circuit Court of Appeals, Atlanta, Georgia, 2001-2003

Pro Bono Activities

  • Guardian ad Litem, Office of Child Advocate

Experience

  • Assisted vinyl chloride manufacturing facility in expedited negotiations with the United States Environmental Protection Agency and Delaware Department of Natural Resources and Environmental Control stemming from alleged violations of the Clean Air Act (“CAA”), the Clean Water Act (“CWA”), the Resource Conservation and Recovery Act (“RCRA”), the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) and the Emergency Planning and Community Right to Know Act (“EPCRA”).
  • Assisted client in performing environmental compliance audit as part of its acquisition of a large Delaware industrial facility and reporting to federal and state agencies.
  • Assisted vinyl chloride manufacturing facility in negotiations with the United States Environmental Protection Agency and New Jersey Department of Environmental Protection stemming from alleged violations of the CAA, CWA, RCRA, EPCRA and the Toxic Substances Control Act (“TSCA”).
  • Assisted in representing Delaware wholesale electricity supplier in its appeals of the Delaware Multi-Pollutant Regulation before the Delaware Environmental Appeal Board and Delaware Superior Court.
  • Represented Wilmington not-for-profit entity in CERCLA recovery action undertaken by United States Environmental Protection Agency to recover clean-up costs relating to historical contamination at its property.

Clerkships

Staff Attorney, Eleventh Circuit Court of Appeals, Atlanta, Georgia, 2001-2003

Education

  • J.D., cum laude, Tulane Law School, 2001
  • B.S., Georgia Institute of Technology, 1998

Publications

  • "Tank Trap? Lender Liability Reform and Expanded Scope of Underground Storage Tank Liability for Owners and Operators," Delaware Banker, Summer 2014   View >
  • "Delaware Grants Authority to State Environmental Agency to Impose Environmental Liens to Recover Investigation and Clean-up Costs," Delaware Banker, Summer 2013   View >
  • "Commercial Real Estate Loans: Lender's Environmental Liability," PLC Real Estate, 2013   View >
  • "Commercial Real Estate Loans: Environmental Due Diligence for Lenders," PLC Real Estate, 2013   View >
  • "Kurak v. Dura Automotive Sys., Inc.," January 3, 2008   View >

Presentations

  • "Real Estate Law: Advanced Issues and Answers," July 15, 2014
  • "The Delaware Coastal Zone Act at 40: Past, Present, and Future," September 30, 2011
  • "Environmental Law 2010 - Sponsored by the Environmental Law Section of the Delaware State Bar Association," June 16, 2010
  • DSBA Environmental Law 2013 - CLEAN WATER ACT: Recent Federal Decisions Update
  • DSBA Environmental Law 2012 - Revisions to HSCA Regulations And the New Duty to Report

Awards

  • Delaware Today Top Lawyer, Environmental Law, 2015, 2014, 2013