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Jerry D. Worsham II

Member
fax +1 602.257.6924

Jerry D. Worsham II is a seasoned environmental attorney known for his comprehensive support in environmental compliance matters, litigation, and natural resource development. With a recent focus on Climate Change and Environmental and Social Governance (ESG), Jerry provides insightful commentary on emerging issues and can assist your company in shaping regulatory development. He navigates clients through the intricate process of securing approvals and permits for natural resource development and will defend your company interests in litigation, including cases involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

Jerry’s expertise extends to compliance matters for hazardous waste under the Resource Conservation and Recovery Act (RCRA), where he ensures clients adhere to regulatory standards while minimizing liability risks. He teaches a class on Hazardous Waste Management under RCRA at the Arizona State University’s Environmental Resource Management Program. He has successfully defended clients in civil and criminal environmental litigation and has coordinated numerous ASTM Phase I and Phase II Environmental Site Assessments to assess environmental risks concerning real estate transactions. Jerry has successfully negotiated Prospective Purchaser Agreements and crafted Conservation Easements to facilitate real property transactions while addressing environmental concerns.

In addition to his litigation prowess, Jerry excels in due diligence associated with mergers, acquisitions, and initial public offerings, providing clients with comprehensive assessments of environmental risks and liabilities. He remains vigilant in monitoring and analyzing federal, state, and local environmental laws, rules, and regulations, advocating for clients’ interests and for major trade associations before regulatory agencies.

With a robust background and deep understanding of environmental law, Jerry is committed to delivering strategic counsel and effective solutions to clients across various industries. His motto, “If you don’t have an Environmental Lawyer – get one! You’ll love doing business with Clark Hill PLC and Jerry Worsham.”

Jerry is licensed in Arizona, New Mexico, Texas, and the District of Columbia.

Education

J.D., University of Denver, Denver, Colorado, 1988
M.B.A., Pepperdine University, Malibu, California, 1982
B.S.S., Cornell College, 1978

Recognitions

AV Peer Review Rating, Martindale-Hubbell, 1989-Present

Recognized “Environmental Specialist” by the New Mexico Board of Legal Specialization, 2000-2021

Southwest Super Lawyers, 2017-2019

Top 100 Lawyers in Arizona, Top 100 Registry, 2019

Who’s Who Top Lawyer, 2015

Arizona Finest Lawyer, 2014-2015

Arizona Top Lawyer, 2010

Memberships

Environmental Bankers Association’s (EBA) -Environmental, Social and Governance Committee

Associated General Contractors of America’s (AGC) – Climate Change Working Group

Associated General Contractors of America, Arizona Chapter, Appointed Member of the AGC’s National Environmental Forum Steering Committee, 2017-Present

Society of Petroleum Engineers, Member, 1980-Present

Environmental Bankers Association, 2021-Present

Governor’s Mining Advisory Council, Board Member, 2016

American Bar Association

Maricopa County Bar Association

State Bar Licenses

Arizona, New Mexico, Texas, District of Columbia

Organizations

  • Barrow Neurological Foundation, Board of Trustees, 2016-2023
  • Lou Grubb Friends’ Fore Golf & Gala, Committee Member, 2016-2023

Some of Jerry’s recent matters include:

  • Commenting to the Securities and Exchange Commission on Climate Change and Green House Gas (GHG) disclosures.
  • Negotiating a Consent Agreement and Final Order (CAFO) with the Environmental Protection Agency (EPA) concerning alleged violations of the EPA’s Lead Renovation, Repair and Painting Rule including a Supplemental Environmental Project (SEP).
  • Negotiating a Tolling Agreement and a Consent Decree with the EPA for a CERCLA site.
  • Conducting environmental due diligence associated with a solar energy project.
  • Successfully defending the owner of an apartment complex against allegations by tenant of mold contamination.
  • Completing a Voluntary Remediation Program (VRP) application with the Arizona Department of Environmental Quality (ADEQ) for a commercial property.
  • Obtaining a Prospective Purchase Agreement (PPA) with the ADEQ for a new apartment complex within an Arizona Water Quality Assurance Revolving Fund (WQARF) site.
  • Remediating former automobile maintenance and repair facility for future sale, lease or financing options.
  • Remediating a shopping center with contamination by a former dry cleaner tenant.

SPEAKING ENGAGEMENTS

Jerry speaks and writes on legal and environmental issues. He serves as a guest lecturer on Hazardous Waste Regulation for Arizona State University’s Fulton School of Engineering and Polytechnic School of Environmental and Resource Management. Some of his recent articles and presentations include:

Articles

  • Quoted, “High Court Flexes Muscle To Limit Administrative State”, Law 360, July 5, 2024

The Clark Hill approach is equally pragmatic and growth-minded, which is why we understand our clients’ toughest business challenges. Our multidisciplinary, global team of advisors focuses on smart legal solutions, delivered simply.

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