Disaster Planning, Response, Recovery, and Rebuilding

Catastrophic events of the past decade – the 9/11 terrorist attacks, hurricanes such as Katrina, Ivan, and Dennis, the Deepwater Horizon oil spill, and the Alabama tornadoes of 2011 – have emphasized the importance of readily available and reliable information during and after such disasters. Accordingly, please see the various articles appended to this webpage under the Related Information: Publications tab to the right. Although authored by various different publications and agencies, they are offered by Balch & Bingham as a public service to those in times of need.

Sometimes, however, raw information may not be enough. As the foregoing disasters have demonstrated, there is a compelling need for proper disaster planning and, in the wake of such tragic events, accurate, timely, and effective legal advice as disaster response evolves into disaster recovery. Over the years, individual Balch & Bingham attorneys have developed areas of legal expertise directly relevant to disaster planning, response, recovery, and rebuilding. Consider the following:

Mark Alexander, Paul Delcambre, and Jonathan Dyal are well-versed in the intricacies of FEMA reimbursements and related matters, to include, as necessary, litigation;

In the firm’s governmental affairs section, Eason Balch, Jr., Michael Davis, and Robin Laurie have provided advice and assistance to local and state governments in the wake of Alabama’s April 27, 2011, tornadoes and to those private-sector entities seeking to effectively interface with those governments and the federal government.

Bruce Barze, Todd Lowther, Alan Rogers and Spence Taylor have analyzed, negotiated, and litigated various insurance coverage issues, to include business interruption claims, in the wake of natural disasters;

Steven Burns has assisted clients with respect to the emergency planning and security issues, including business continuity plans, the chemical security program of the Department of Homeland Security, and the SAFETY Act;

Foster Clark has advised municipal and county governments in their efforts to secure public financing for disaster recovery and rebuilding efforts;

Jonathan Dyal and Ben Stone defended numerous negligence claims following Hurricane Katrina, in addition to pursuing bad-faith insurance denial claims against insurers as necessary;

Bing Edwards has advised clients on tax issues associated with charitable giving and donations and employee assistance in the aftermath of disasters. He has also set up non-profit funding mechanisms in support of such efforts;

Stephen Gidiere’s experience includes natural resource damage claims and enforcement actions in the wake of man-made disasters;

Joel Gilbert’s work for clients has included advice regarding the various requirements associated with hazardous substance spill and release reporting;

Steve McKinney assisted the State of Alabama in negotiating damage claims with British Petroleum following 2010’s Deepwater Horizon oil spill disaster in the Gulf of Mexico;

Matthew McLaughlin has advised clients on the tax consequences of disasters, such as the receipt of grant funds, casualty losses and involuntary conversion, and has advised clients on economic development incentives tailored for rebuilding in the wake of natural disasters;

Jim Noles has helped clients with the unique issues related to recovery and rebuilding activities associated with historic properties and cultural resources;

Katy Ottensmeyer has advised banking clients and governmental entities with respect to tax-exempt lending mechanisms and instruments available under state and federal law to assist communities in disaster recovery;

John Rice is intimately familiar with leveraging federal Community Development Block Grants into disaster recovery and rebuilding efforts. In the wake of Hurricane Katrina, he represented the State of Mississippi with respect to all Katrina CDBG grant programs (administered through the Mississippi Development Authority), the Alternative Housing Pilot Program (administered through the Mississippi Emergency Management Agency), and various hazard mitigation grant program issues;

Alan Rogers has litigated numerous contract breach claims in the wake of Hurricane Katrina;

Working in his capacity as a city attorney, John Smith has provided direct legal advice to cities and municipalities affected in multiple ways by natural disasters;

For two and a half years following Hurricane Katrina, Rodger Wilder led the Gulf Coast Community Foundation, a non-profit organization which conducted $40 million in disaster relief and recovery actions on the Gulf Coast; and

Teri Wyly has not only served as the environmental counsel to the Mississippi Development Authority in support of its $5 billion Community Development Block Grant Program following Hurricane Katrina but also, in the wake of the Deepwater Horizon oil spill in the Gulf of Mexico, represented the State of Mississippi in pursuing natural resource damages against British Petroleum.

Please feel free to contact any of the foregoing attorneys directly should it appear that their experiences and expertise match your current needs. For further or more general information regarding Balch & Bingham’s capabilities with respect to disaster planning, response, recovery, and rebuilding, contact Jim Noles (Birmingham), Josh Archer (Atlanta), John Smith (Montgomery), Matthew McLaughlin (Jackson), and John Rice (Gulfport).

Finally,other websites that may be useful include, but are not limited to, the following: