- Overview
- Practice Areas
- Education
- Admissions
- Experience
- Honors and Awards
- Publications
- Presentations
- Representative Matters
- Professional Associations
John B. King is a partner in the Baton Rouge office of Breazeale, Sachse & Wilson, L.L.P. Mr. King’s extensive environmental practice includes: air, water, and waste permitting; regulatory compliance and assessment; remediation and response action assessment and coordination; transaction due diligence and auditing; and enforcement counseling and defense.
Chambers USA has stated that “John King has a wealth of experience advising clients on a variety of environmental regulatory matters including air and water permitting, enforcement actions and remediations.” John is part of a team at BSW that clients have described as “an experienced team with extensive environmental law expertise, acting for a range of clients including chemical manufacturers, production companies and oil and gas companies. Offers notable strengths in regulatory matters, enforcement and compliance. Capabilities include damage claims, cost recovery and environmental permitting.”
Clients have stated to Chambers that John is:
- “one of the most impressive legal professionals I have ever worked with,”
- “a great communicator and negotiator who is extremely knowledgeable,"
- “a real treat to work with. With his extensive knowledge and practical experience, he always delivers what is needed," and
- “always responsive, comprehensive, strategic, and insightful when dealing with defendants, regulators and opposite-side attorneys."
Mr. King was formerly Director of Regulatory & Legal Affairs for a large oil and gas waste disposal company and responsible for its environmental and safety programs. He also served for many years as Chief Attorney for Enforcement with the Louisiana Department of Environmental Quality. While with the LDEQ, Mr. King personally prosecuted, or oversaw the prosecution of, enforcement actions issued by the LDEQ, handled major permitting matters, and successfully litigated matters in state courts, federal courts, and administrative tribunals.
Environmental Regulatory Matters
Mr. King regularly counsels clients in a variety of regulatory matters, including:
- Environmental permitting with state and federal agencies, such as the Louisiana Department of Environmental Quality, the Louisiana Department of Natural Resources, the EPA, and the US Corps of Engineers
- Defense and resolution of enforcement actions issued by regulatory agencies, such as LDEQ and EPA, and citizen suits
- Compliance assurance with environmental statutes and regulations relating to air, water, waste, and wetlands
- Industrial site development, including site selection issues, permitting, and environmental justice issues, and navigating the public hearing and comment process
Environmental Litigation
Mr. King represents clients in a variety of matters, including:
- Oil spills and releases
- Odor and nuisance claims
- Class action claims regarding environmental releases or contamination
Due diligence
Mr. King represents buyers or sellers in mergers and acquisition matters, including:
- Environmental due diligence
- Seller protections, such as the bona fide prospective purchaser defense
- Addressing non-compliance and contamination upon purchase
Representative Client Sectors
Mr. King represents international, national, and local companies in the following sectors:
- Oil and gas production and refining
- Liquid and bulk storage
- Chemical production and processing
- Waste disposal and transportation
- Construction
Education
Paul M. Hebert Law Center, Louisiana State University, J.D., 1985
Louisiana State University, B.S. in Marketing, 1981
Certified Public Manager (Presented by the Division of Administration, Comprehensive Public Training Program, in conjunction with the LSU Public Management Program)
Admissions
Louisiana, 1985
U.S. Fifth Circuit Court of Appeals
U.S. District Courts (Western, Middle & Eastern)
Experience
Partner, 2003-2007, 2008 - present Breazeale, Sachse & Wilson, L.L.P.
Director of Regulatory & Legal Affairs, 2007-2008 CCS Midstream Services, LLC.
Attorney, 2001-2003 LeBlanc & Waddell
Chief Attorney, 1989-2001 Louisiana Department of Environmental Quality
Attorney, 1985-1989 Reina & LeBlanc
Professional Associations
Member of the Air and Waste Management Association
Member of the Louisiana Solid Waste Management
Member of the Louisiana Environmental Health Association (past board member)
Member of the Louisiana State Bar Association, Environmental Section
Past member of the Vestry, Trinity Episcopal Church
Past President, Trinity Episcopal Day School Board (served two terms)
Adult Leader, Boy Scout Troop 505
Honors and Awards
Selected by his peers for inclusion in The Best Lawyers in America® (Since 2024)
Ranked in Chambers USA: America's Leading Lawyers for Business for Louisiana in Environmental (2021)
AV® PreeminentTM Peer Review Rated
Received LDEQ’s Employee of the Year Award
Received a "Special Commendation Award" from the U.S. Department of Justice
Received the LDEQ Service Award
Received the National Bureau of Affairs Law Student Award for Scholastic Achievement
Publications
- “Trump, Part Two” November 2024
- “Has EPA's Environmental Justice Efforts Reached Their Peak?” September 2024
- “Supreme Court Deals a Blow to the Administrative State” July 2024
- “CCS In The 2024 Legislature” June 2024
- “Has EPA's Environmental Justice Push Peaked?” May 2024
- “EPA Unleashes The Public On Industry” March 2024
- “The Right Result for The Sunshine Project” January 2024
- “Enough is Enough” January 2024
- “Texas and Louisiana Move Towards State Primacy For Carbon Capture Projects” July 2023
- “The Supreme Court Narrows Corps' Jurisdiction Over Wetlands” June, 2023
- “Environmental Roadblocks to Petrochemical Projects” May 2023
- “Carbon Capture. Use and Sequestration Is Set for Massive Growth” March 2023
- “Same Old WOTUS” January 2023
- “The Focus On Environmental Justice” 11/14/22
- “The New ESG Wave” July 2022
- “Is CCUS The Path to Net Zero?” March 2022
- “Preparing for Enhanced Enforcement in Overburdened Communities” January 2022
- “Uh OOOO! More Regulation for Oil and Gas Production” 11/12/2021
- “Back to the Future!!” September 2021
- “Energy Consumption Data During the Pandemic Year Reveals China's Growth” July 2021
- “How to Ruin a Perfectly Good Oil and Gas Boom” May 2021
- “Louisiana Board of Tax Appeals Rules That Chemicals Qualify for Pollution Control Sales Tax Exclusion” April 2021
- “The Social Cost of Carbon Returns” March 2021
- “Environmental Justice: Origins, Background, and Site Selection Considerations - Part V: Considerations in Site Selection” January 2021
- “Environmental Justice: Origins, Background, and Site Selection Considerations - Part IV: EPA Guidance – The Toolkit” January 2021
- “Environmental Justice: Origins, Background, and Site Selection Considerations - Part III: EPA Guidance – The 2000 Draft Revised Investigative Guidance” January 2021
- “Environmental Justice: Origins, Background, and Site Selection Considerations - Part II: The Executive Order and EPA's Regulations” January 2021
- “Environmental Justice: Origins, Background, and Site Selection Considerations - Part I: The Statute” January 2021
- “A Return to Regulation?” November 2020
- “The End of Regulation by Guidance Document?” September 2020
- “EPA Announces Major Changes In Oil and Gas Regulations” August 2020
- “Oil and Gas Pipelines are Clogged, at Least for Now” June 2020
- “A Sea of Uncertainty in Navigable Waters” April 2020
- “UPDATE – Regulatory Relief in the Environmental Arena Lags Behind” March 2020
- “UPDATE 2 – Regulatory Relief in the Environmental Arena Lags Behind” March 2020
- “Regulatory Relief in the Environmental Arena Lags Behind” March 2020
- “LDEQ's Emergency Order On COVID-19” March 2020
- “Are SEPs On Their Way Out?” March 2020
- “The Scope of Jurisdictional Waters Has Been Narrowed” February 2020
- “EPA Rescinds Major Provisions in Obama-Era RMP Rule” January 2020
- “New York's Case Against Exxon Fails Miserably” December 2019
- “Objective Facts About Cancer In Louisiana's Industrial Corridor” October 2019
- “The 2015 WOTUS Rule Is Repealed” September 2019
- “The Upcoming Battle Over Water Quality Certifications” August 2019
- “A Few Hurdles to Facility Siting” July 2019
- “EPA Turns from Enforcement to Compliance Initiatives” June 2019
- “Streamlining Pipeline Permitting” April 2019
- “Considerations for Environmental Due Diligence” March 2019
- “Some Siting Considerations In Louisiana” February 2019
- “Definition of ‘Waters of the U.S.' Finally Proposed” January 2019
- “To Sample or Not to Sample?” December 2018
- “EPA Offers New Owners A New Hope” October 2018
- “Upstream Operators May Get Some Regulatory Relief” September 2018
- “Landowner, Operator Protections from Contamination” August 2018
- “The Meandering Course of the Clean Water Rule” July 2018
- “EPA's 500th Day Victory Lap” June 2018
- “EPA Enforcement In The Coming Years” April 2018
- “Construction Best Management Practices” March 2018
- “Clean Water Rule Jurisdiction Resolved in National Association of Manufacturers v. the Department of Defense But Uncertainty Prevails” January 2018
- “Oil and Gas Production is Not Waiting for EPA” January 2018
- “The Administration Restrains Itself” December 2017
- “EPA Unveils Framework For Industry Input on Regulations” October 2017
- “The Ozone Two-Step” September 2017
- “The Clean Water Rule Gets A Well-Needed Review” August 2017
- “Will Oil and Gas Get Any Relief from Obama-era Rules?” July 2017
- “EPA Takes Action on Recent Landfill Rules” June 2017
- “Will EPA achieve its core mission?” June 2017
- “RIP to RMP?” April 2017
- “More Protests in the Pipeline” February 2017
- “ALERT: The Trump Administration's First Week” January 2017
- “ALERT: Freeze on Regulations” January 2017
- “The Hurdles for Trump's EPA” January 2017
- “Relief For the Oil and Gas Industry?” December 2016
- “EPA Expands Its Oversight of Oil and Gas Operations” October 2016
- “Never Let a Disaster Go To Waste” September 2016
- “Muddying the Upstream and Midstream Waters” August 2016
- “New Aggregation Rule Provides Clarity for Oil and Gas Industry” July 2016
- “EPA To Consider Emission Reductions At Ports” July 2016
- “EPA Proposes To Strip Affirmative Defenses For Emergencies” June 2016
- “SCOTUS Levels the Playing Field” June 2016
- “EPA Regional Reports: EPA Region 6” Air Quality Committee Newsletter, ABA Section of Environment, Energy, and Resources, April 2016
- “Let's Just Kick Them While They Are Down” April 2016
- “And Not a Drop to Drink?” March 2016
- “The CPP Meets SCOTUS” February 2016
- “'Emission Shaming' - EPA's Latest Compliance Tactic And How To Protect Yourself” February 2016
- “After Coal, Is EPA Pivoting to Oil?” 12/08/2015
- “EPA's Petroleum Refinery Rule Will Increase Litigation” October 2015
- “Is It Time to Lift the Oil Export Ban?” September 2015
- “An Exploration of EPA's Cost-Benefit And Regulatory Impact Analyses” September 2015
- “EPA's Greenhouse Gas Rules Causes More Harm Than Good” August 2015
- “EPA and Corps Expand Their Jurisdiction Over Waters and Wetlands” July 2015
- “The Other Shoe Did Not Drop” June 2015
- “The New Coal Combustion Residuals Rule - An Implementation and Enforcement Nightmare” Waste and Resource Recovery Committee Newsletter, ABA Section of Environment, Energy, and Resources, August 2015
- “EPA Coal Ash Rule Will Foster Citizen Suits” April 2015
- “EPA Proposes Zero Discharge to POTWs From Oil and Gas Sector” April 2015
- “Astroturfing the grassroots” March 2015
- “New Climate Rules Will Impact Oil and Gas Industry” February 2015
- “The Fifth Circuit Declines to Extend Sackett to Jurisdictional Determinations” January 2015
- “A Lack of Due Diligence Can Lead to High Penalties in Louisiana” December 2014
- “Two Studies Suggest Fracking Is Safe” October 2014
- “Regulation of Oil and Gas Activities in Texas, Louisiana” September 2014
- “The Clean Air Act And The Basis for Regulation of Greenhouse Gases--Part 1” September 2014
- “The Clean Air Act And The Basis for Regulation of Greenhouse Gases--Part 2” September 2014
- “The Clean Air Act And The Basis for Regulation of Greenhouse Gases--Footnotes” September 2014
- “Believe It Or Not, The Clean Water Act May Actually Help You” August 2014
- “Supreme Court Rules on Major Greenhouse Gas Regulation” July 2014
- “The Goal? No Coal!” June 2014
- “EPA, U.S. Corps Assert Jurisdiction over Isolated Waters, Wetlands” April 2014
- “Green Completions Help the Environment and Industry” March 2014
- “The Keystone XL Pipeline Passes The President's Red-Line On Climate” February 2014
- “Stray Gas Methane - The Next Big Problem?” January 2014
- “Upgraded Standards for Phase I Site Assessments May Impact Loans and Sales” December 2013
- “EPA Opens an Absurd Front in the War on Coal” November 2013
- “There is a Growing Resistance to Climate Change Proposals” October 2013
- “Keystone Pipeline Decision Looms” September 2013
- “The Expansion of the ‘Unconstitutional Conditions' Doctrine In Land Use Regulation” August 2013
- “EPA Can Veto Corps' Wetlands Permits "Whenever" It Wants” July 2013
- “What You Don't Know About Phase I Can Cost You” June 2013
- “An Inconvenient Irony” April 2013
- “Why Should You Worry About Environmental Laws?” March 2013
- “The Boiler MACT is Back!” February 2013
- “What Can the BSW Environmental Group do for the Maritime Industry?” January 2013
- “Costly Rules Will Move Forward Now That Election Is Over” January 2013
- “The Ever-Expanding Regulatory Burden” Inside Industry, September 2012
- “Opening Federal Areas to Oil Production Found Economically Viable” August 2012
- “2012 Regular Legislative Session—Update on Environmental Legislation” June 2012
- “Federal Government Issues New Hydraulic Fracturing Rules” June 2012
- “The Sackett Decision—A Major Victory for Property Owners” March 2012
- “Impediments to Oil and Gas Exploration and Production Constricts Supply” March 2012
- “Global Warming ‘Pause' Does Not Pause EPA's Regulatory Efforts” February 2012
- “Hydraulic Fracturing Studied by EPA” January 2012
- “LDEQ Regulatory Update” January 2012
- “The Keystone Cop-Out” December 2011
- “Recent EPA Decisions Impacting Business Opportunities” September 2011
- “Environmental Issues Facing Auto Dealers” September 2011
- “Environmental Protection at Construction Sites” September 2011
- “In re: Harrelson Materials Management, Inc., 2010-1950 (La. App. 1 Cir. 6/10/11)” July 2011
- “In re: Oil & Gas Exploration, Development. & Production Facilities Permit, No. LAG260000, 2010-1640 (La. App. 1 Cir. 6/10/11), 2011 WL 2297790” July 2011
- “In re: Petroplex International, LLC, 2010-1194, (La. App. 1 Cir. 3/25/11), 2011 WL 1225871” July 2011
- “LDEQ's Proposed Revisions to the Solid Waste Regulations” March 2011
- “LDEQ's Spill Prevention and Control Rule Amendment” September 2010
- “LDEQ Finalizes Several Rules in June” June 2010
- “LDEQ’s Proposed Rule for Regulatory Permits for Concrete Manufacturing Facilities” March 2010
- “LDEQ Initiative Provides New E&P Waste Disposal Option” March 2010
- “LDEQ's Denial of Hearing Request Overturned” January 2010
- “Clean Water Restoration Act, S.787 SPCC Rule Finalized, Again” November 2009
- “Greenhouse Gas Tailoring Rule Published” September 2009
- “Environmental Justice Efforts Renewed” August 2009
- “Arranger Liability Under CERCLA” June 2009
- “Legislative Session—Pre-filed Bills of Interest” March 2009
- “Greenhouse Gas Emissions and Cap and Trade” March 2009
- “Construction Sites—EPA Proposes Tightened Storm Water Standards” December 2008
- “Recent Rules by Bush to be Rolled Back?” November 2008
- “Revisions to the Definition of Solid Waste” November 2008
- “Hazardous Substance Response Plans Are Coming” January 1900
- "LDEQ Clarifies Solid Waste Buffer Zone Rules" February 2009
- "So, What Wetlands are Regulated and What Waters are Navigable Nowadays?" -January 2009
Presentations
- Environmental Due Diligence, International Liquid Terminals Association Annual Conference, June 2019
- Recent EPA Air Memoranda and Policy Changes, Air & Waste Management Association 112th Annual Conference, June 2019
- The Definition of “Waters of the United States”, Louisiana Water Environment Association, March 2019
- Federal Regulatory Update, Louisiana Solid Waste Association Annual Conference, March 2019
- The Regulation of Oil and Gas Under Trump, 4C Environmental Conference, February 2019
- Recent Regulatory and Legal Developments Impacting Environmental Compliance, A&WMA Annual Conference, New Orleans, Louisiana, June, 2016
- Environmental Compliance: A Continuously Evolving Landscape, International Liquid Terminal Association Annual Conference, Houston, Texas, June, 2016
- Clean Power Plan, Electric Power Conference, New Orleans, Louisiana, March, 2016
- The Definition of Solid Waste, Environmental Conference, Lafayette, Louisiana, March, 2016
- The Definition of 'Waters of the United States', Louisiana Water Conference, Shreveport, Louisiana, March, 2016
- Going Clear: How EPA's Transparency Trend Impacts Environmental Compliance, 4C HSE Conference, Austin, Texas, February, 2016
- Recent Regulatory and Legal Developments Impacting the Environment, Air & Waste Management Association's 2015 Annual Conference
- An Exploration of EPA's Cost-Benefit and Regulatory Impact Analyses, 35th Annual International Operating Conference & Trade Show for International Terminals Association (ILTA)
- “Proposed Definition of Waters of the United States”, 2015 Louisiana Conference Co-host Louisiana Water Environment Association (LWEA)
- “Fracking – Safer Than You've Heard”, 4C Environmental Conference
- "The Clean Air Act And The Basis For Regulation Of Greenhouse Gases", Louisiana Section of the Air & Waste Management Association's Environmental Focus 2014
- "The Clean Air Act And The Basis For Regulation Of Greenhouse Gases", 2014 International Conference on Thermal Treatment Technologies & Hazardous Waste Combustors (IT3/HWC)
- “Recent Decisions Impacting the Environment and Environmental Regulation”, International Liquid Terminals Association
- "What Have the Feds Been Up To? Federal Legal Developments", Louisiana Solid Waste Association
- “Will the Regulatory Noose Choke Fracking?”, Air & Waste Management Association
- “Recent CAA Initiatives", Air & Waste Management Association
- "NAAQS – How Low Can We Go”, Air & Waste Management Association
- "Boiler MACT – The Cost of the Benefits", Air & Waste Management Association
- "Sackett v. EPA", Environmental Regulatory Compliance Conference
- "UIC – Site Selection, Permitting, and Compliance”, Environmental Regulatory Compliance Conference
- “Oil and Gas NSPS – Green Completions”, Louisiana Solid Waste Association
- “The Continuing Redefinition of the Definition of Solid Waste”, Louisiana Solid Waste Association
- "Regulatory Enforcement Actions: What to Expect and How Best to Respond”, International Liquid Terminal Association
Representative Matters
Obtained construction and operating permits for a $9.4 billion greenfield petrochemical complex and represented company throughout appellate process, resulting in permits being upheld.
Successfully represented St. James Parish against environmental justice claims by citizen groups.
Assisted Louisiana Attorney General's Office regarding environmental justice investigation by EPA.
Asserted claims against the Corps of Engineers regarding the scope of jurisdiction after the Supreme Court's Sackett decision.
Represented several international chemical manufacturers in site selection and permitting of new facilities
Represented a major oil spill response organization in obtaining $1.1M reimbursement from the National Pollution Fund Center
Represented brownfield developer in returning former refinery to productive use
Represented major liquids tank storage terminal in air emissions and exposure suit
Represented major coal terminal in citizen suit brought by environmental groups in federal court regarding Clean Water Act discharges
Represented large sanitary treatment plant in citizen suit in federal court regarding Clean Water Act discharges
Represents oil and gas operators in ‘legacy lawsuits’ and exposure cases
Represented numerous companies regarding enforcement, permitting, and compliance issues
Represented major chemical manufacture in EPA enforcement action relating to the Risk Management Program
Obtained the first hazardous waste research, demonstration, and development permit in the state on behalf of client engaged in thermal treatment
Represented large landowner regarding military munitions issues on a Formerly Used Defense Site located within the state
Represented the Chamber of Greater Baton Rouge regarding Baton Rouge’s ozone non-attainment issues and successfully obtained a stay from the U.S. Fifth Circuit of the use of reformulated gasoline (RFG) in the Baton Rouge non-attainment area
Was appointed Special Assistant Attorney General to represent the State of Louisiana in a jury trial in federal district court against Marine Shale Processors, Inc.