Thomas K. Prevas

Thomas K. Prevas
Primary Office
Overview

Tom Prevas is a leader in environmental and energy law. Tom's environmental litigation practice includes mass-product environmental litigation, including MTBE, PFAS and climate change, as well as enforcement and private actions relating to pollution and contamination. Recently, he has advised clients on environmental litigation and regulatory compliance relating to the following subjects: solid waste, hazardous waste, petroleum, biosolids, wastewater, land contamination, air permits and climate change. Tom has significant experience navigating solid and water waste controversies for solid waste and recycling companies, utilities, cities and contractors, and gasoline contamination controversies emanating from stations and underground storage tanks.
In addition to experience with superfund litigation, Tom has extensive experience on brownfields redevelopment and cleanup under CERCLA, RCRA and state voluntary cleanup and brownfields programs. 

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Tom has served as environmental counsel to the largest brownfield redevelopment project in Maryland—the redevelopment of the former Bethlehem Steel site. 


Tom has broad experience with large and complex projects involving traditional energy, renewable energy and infrastructure matters. In both 2017 and 2021, he represented an offshore wind developer to acquire approximately 1000 megawatts of Maryland Offshore Renewable Energy Credits before the Maryland Public Service Commission. Tom continues to advise that client, developing in-depth experience in the novel area of permitting and siting offshore wind generation plants in the United States.


Tom also has substantial experience on federal preemption of state environmental laws. By way of a few examples, Tom represents a petroleum company in climate change tort litigation brought by the City of Baltimore, advancing arguments that local torts are preempted by federal law when applied to climate change policy and liability. Tom was involved in fighting Maryland's attempt to veto the relicensing of a hydroelectric dam under Section 401 of the Clean Water Act—an issue recently addressed by the Supreme Court of the United States that involves statutory interpretation with preemption themes. This work also provided in-depth experience with the Chesapeake Bay basin total maximum daily load requirements and segmented state implementation plans, particularly as related to sediment, nitrogen and phosphorous. Tom's preemption experience extends to natural gas pipelines and electric transmission.


Through his National Environmental Policy Act (NEPA) and brownfield experience, as well as through his role as a Baltimore City Planning Commissioner, Tom deeply understands the art of public engagement and messaging to avoid controversy, cost and delay. Tom has advised clients on NEPA compliance and effective public engagement and has also counseled clients on how to bring a NEPA (or state equivalent) challenge. 


Tom is an adjunct law professor at the University of Maryland Francis King Carey School of Law in the Environmental Certificate Program and teaches state and local environmental law. Through his class, Tom provides students with environmental practice skills and concepts, fate and transport, toxicology and causation and the operations of critical facilities, such as power plants, wastewater treatment plants and landfills. Tom has written on the use and admissibility of expert evidence, particularly in the environmental, land use and property valuation contexts and played a critical role in two leading Maryland cases on the admissibility of expert testimony. Tom also has lectured on lesser known environmental torts and damages, such as fear of contracting future disease, medical monitoring, loss of use and enjoyment and stigma damages.


Tom played a key role in the trial and appeal of the largest mass tort environmental case in Maryland history—a $1.5 billion dollar verdict relating to the release of 26,000 gallons of gasoline (containing MTBE) from a station in Baltimore County. Based on experience in Washington, D.C. working for the former head of the Office of Foreign Asset Control (OFAC), Tom has counseled clients on OFAC/trade sanctions compliance and generally understands the field of human health and environmental regulatory risks challenging compliance departments at multinational companies.

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