Meet Our Experienced Environmental Attorneys

During his years in private practice, Steve Darmody has been a partner with Shook Hardy & Bacon LLP, a partner with Foley & Lardner LLP, and a partner with Hollingsworth LLP.  In each firm he has focused his practice on civil and criminal trials and appeals involving all aspects of environmental law, maritime law, commercial transactions, and land use litigation.

 

The majority of Mr. Darmody’s recent work has involved litigation related to the release of a pollutant into the environment in circumstances involving allegations of injury to people, property, or natural resources - land based and maritime.  Other recent litigation has involved defending environmental crimes, the cross-border transportation of contraband; the release of hazardous materials during transportation; and challenging unlawful land use decisions.

 

Before entering private practice, Mr. Darmody served as a criminal prosecutor, a judge, an environmental regulator, and the regional counsel of a federal agency charged with enforcing environmental and customs laws.  At various stages in his career, he has been both an enforcement officer and lead counsel in a wide variety of cases involving maritime, environmental, criminal, and customs matters. Mr. Darmody has represented clients in matters brought under the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Comprehensive Environmental Response, Compensation, and Liability Act; the Clean Air Act; the Hazardous Materials Transportation Act; the Coastal Zone Management Act; the Clean Water Act; the Oil Pollution Act,; the Act to Prevent Pollution from Ships; the Safe Drinking Water Act; the Marine Mammal Protection Act; the Endangered Species Act; the National Environmental Policy Act; Florida’s Growth Management Act; and numerous other state statutes.

 

While serving as a senior officer managing legal affairs for the U.S. Coast Guard, Mr. Darmody developed the background needed to represent business interests in a wide range of matters involving the environment, customs, and all agencies of the government, especially at the federal level. He routinely manages the defense of enforcement cases, both civil and criminal, brought by these agencies against a wide variety of clients.  The American Bar Association named Mr. Darmody the Outstanding Young Coast Guard Lawyer of the Year in 1991, and the Judge Advocates Association named him the Outstanding Career Coast Guard Lawyer of the Year in 1996. He is also listed in Who’s Who in American Law and Who’s Who in America.

EDUCATION and ADMISSIONS

Stephen Darmody

Mr. Darmody earned an LL.M. in environmental law (with highest honors, 1993) and a J.D. (with honors, 1988) from The George Washington University Law School.   He also earned an M.B.A. in finance and investments (1984) from The George Washington University and a B.S. (1979) from the United States Coast Guard Academy.  Mr. Darmody is licensed to practice law in Florida, North Carolina, South Carolina, Virginia, and the District of Columbia. He is also certified as a mediator by the Supreme Court of South Carolina and admitted to practice before the Supreme Court of the United States; the U.S. District Courts for the District of Columbia, as well as the Northern, Southern, and Middle Districts of Florida; the U.S. Courts of Appeal for the District of Columbia Circuit, the Third Circuit, the Fourth Circuit, the Ninth Circuit, the Eleventh Circuit, and the Armed Forces. Additionally, courts throughout the United States have admitted him to practice pro hac vice.

Litigation

United States v. Han, 2016 U.S. Dist. LEXIS 101656 (D.D.C. 2016)(environmental crime).

Ferris Avenue Realty LLC. v. Huhtamaki, Inc., 2015 WL 790043 (R.I. Feb. 25, 2015)(contractual indemnification and state tort law claims).

Commissioner Department of Planning and Natural Resources v. Century Alumina Co. et. al., No 1:05-cv-00062-HB (D.V.I. 2014)(natural resource damages).

The Vizcayans Inc. v. The City of Miami et al., No. 2007-17332-CA-01 (Fla. Cir. Ct. 2013)(civil conspiracy related to a land use change).

United States Virgin Islands Dept. of Planning and Natural Resources v. St. Croix Renaissance Group, LLLP, et al., No. 1:07-cv-00114-HB, ECF No. 550 (D.V.I. Mar. 4, 2011)(CERCLA cost recovery).

Upmal v. Paradise Divers, Inc., 943 So.2d 812 (Fla. 3d DCA 2006); 402 F.3d 1087 (11th Cir. 2005)(maritime injury).

AmeriPride Servs., Inc. v. Valley Indus. Serv., Inc., 2006 WL 2308442 (E.D. Cal. Aug. 9, 2006)(CERCLA cost recovery and state tort law claims).

Prudential Insurance, et. al. v. Anodyne, Inc., et. al., No. 1:03-cv-21873-PAS ECF No. 151 (S.D. Fla. Mar. 23, 2005)(CERCLA cost recovery).

Brandsmart U.S.A. of West Palm Beach, Inc., v. Della Ratta, No. 9:01-cv-08604-KLR ECF No. 394, 409 (S.D. Fla. Nov. 25, 2003)(CERCCLA cost recovery).

Norfolk Southern Corp. v. Chevron USA, Inc., 279 F. Supp.2d 1250 (M.D. Fla. 2003)(CERCLA cost recovery).

State of N.J., Dep't of Envtl. Prot. v. Long Island Power Auth., 30 F.3d 403 (3d Cir. 1994)(NEPA and CZMA compliance).

Petroleum Products Superfund Site Cooperating Parties, No. 0:94-cv-07206-SH (S.D. Fla. 2004)(CERCLA cost recovery).

Publications

Coauthor, “Environmental Concerns,” Florida Eminent Domain Practice and Procedure (6th ed. 2003; 7th ed. 2007).

Author, Environmental Regulation in Florida’s Coastal Zone, Florida Bar Journal (2002).

Coauthor, Using Financial Markets to Protect the Environment, 10 University of San Francisco Maritime Law Journal 173 (1998).

Author, The Law of the Sea: A Delicate Balance for Environmental Lawyers, Natural Resources & Environment, (American Bar Association 1995).

Author, The Responsible Corporate Officer Doctrine: An Idea Whose Time Has Come and Gone, 26 Chemical Waste Litigation Reporter 426 (1993).

Author, The Oil Pollution Act’s Criminal Penalties: On a Collision Course with the Law of the Sea, 21 Boston College Environmental Affairs Law Review 89 (1993).

Author, Hazardous Waste Law for the Federal Employee, 40 Federal Bar News and Journal 650 (1993).

Author, An Economic Approach to Forum Non Conveniens Dismissals Requested by U.S. Multinational Corporations, 22 George Washington Journal of International Law & Economics 215 (1988).

Presentations

"Last Man Standing," Analyzing the legal and policy flaws in the U.S. EPA's Clean Power Plan, Hollingsworth LLP, 28th Annual Seminar on Complex Litigation Defense, Washington D.C, 2016.

"Endless Pay," Analyzing Judge Barbieri's Deepwater Horizon opinion and explaining that the event's greatest impact was not there but in BP's lost market value, Hollingsworth LLP, 27th Annual Seminar on Complex Litigation Defense, Washington, D.C., 2015.

"Criminal Law Considerations," The Costa Concordia: What If This Happened in U.S. Waters? Federal Bar Association, Ft. Lauderdale, Florida, 2014.

“Potential for Natural Resource Damages Claims with a Focus on the Deepwater Horizon Incident,” Natural Resource Damages: The Ground, Groundwater and the Gulf Law Seminars International, Miami, Florida, 2011.

“Federal and State Laws Regulating Development in Florida’s Coastal Zone,” Florida Coastal and Land Development in 2008, Lorman Educational Services, Miami, Florida, 2008.

“Lone Pine Orders in Toxic Tort Cases,” Federation of Defense and Corporate Counsel, Scottsdale, Arizona, 2007.

“Defending Toxic Tort Cases,” University of Florida Public Interest Environmental Conference, Gainesville, Florida, 2006.

"Regulatory Takings in Environmental Law,” The Federalist Society, Miami, Florida, 2005.

“Using Daubert Challenges to Win Environmental Litigation,” American Bar Association, Orlando, Florida, 2004.