MIKE CHILDERS is a Partner in Balch & Bingham’s Atlanta office, practicing in the firm’s Energy Practice Group and Environmental & Natural Resources Practice Group. Mike has a unique combination of experience as an outside attorney representing clients on project development, transactional and environmental matters and experience as an executive manager of the environmental, health and safety (EH&S) function of an international power generation company and a large heavy civil construction company engaged in the business of building roads and bridges.
Project Development; Transactional
Mike has represented clients on a wide range of transactional matters, with a focus on the power generation industry and manufacturing facilities. Mike’s transactional experience includes drafting and negotiating major equipment procurement agreements, engineering and construction agreements, power purchase agreements, transmission interconnection agreements, coal purchase agreements, rail transportation agreements, and long term equipment service agreements.
Mike also has provided comprehensive legal support to the supply chain organizations of various clients.
Mike has significant experience providing legal support on large industrial projects, including electric generating plants and manufacturing facilities of various types. Recent examples include the following:
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Mike served an electric utility client in a project general counsel role for the development of a multi-billion dollar electric generating plant. Project legal matters included EPC contracting and major equipment procurement, permitting, water rights, rail agreements, and development agreements with city and county governments.
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Mike provided comprehensive legal support to an electric utility client on all procurement matters for a multi-billion dollar clean coal (IGCC) electric generating plant, including all major equipment and construction contracts and the carbon dioxide offtake agreements for the carbon dioxide capture system for the plant.
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Mike provided legal support to a power generation company client for the construction of a 100MW biomass power plant.
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Mike advised and supported a manufacturing client in the negotiation of an EPC agreement for a large specialty steel manufacturing facility.
Mike also has provided transactional and due diligence support on numerous, large acquisitions covering a wide range of businesses and assets, including power plants, agricultural equipment manufacturers, construction equipment manufacturers, a specialty paper manufacturer, and an automobile carrier company. Mike’s experience includes coordinating due diligence teams and drafting and negotiating the terms of purchase, sale and finance agreements.
In addition to experience with biomass renewable energy projects, Mike has provided transactional legal support to a major utility client in efforts to develop wind projects and business ventures.
Executive Management
Mike was the Vice President of EH&S for the domestic and international operations of a power generation company with substantial coal, oil, and gas plants. The scope of Mike’s functional responsibility encompassed all aspects of the EH&S function, including compliance, governance, policy and advocacy, strategic planning, acquisitions, permitting and environmental external affairs. Mike also was the Vice President of EH&S for a large heavy civil construction company engaged in road and bridge projects and in this job implemented a significant enforcement agreement with the EPA’s Office of Suspension and Debarment across the company’s construction business, which consisted of over twenty projects in eleven states.
In each of these jobs, Mike developed and implemented the company’s EH&S policy and a comprehensive, written environmental management system consistent with ISO 14001 across all operations. He also managed all EH&S legal issues, including management of outside counsel, and internal investigations concerning EH&S issues.
Environmental
Mike has substantial experience with all major environmental regulatory programs applicable to coal-fired and gas-fired power plants and to construction projects, including laws and regulations governing air emissions, water intake and wastewater discharge, solid and hazardous waste, wetlands, storm water, storage of hazardous materials, and environmental cleanup. Mike has provided legal support for obtaining air, water and waste permits for coal-fired and gas-fired power plants and has managed the overall permitting program for new power plants as an EH&S executive. His experience includes permitting programs administered by U.S. EPA and state agencies.
With respect to air regulations, Mike’s experience includes NSR/PSD permits, Title V operating permits, and minor source permits. He has significant experience with the New Source Review (NSR) regulations under the Clean Air Act, including managing and providing legal support for multiple NSR enforcement matters and developing and implementing a NSR project review program for on-going maintenance and repair projects at power plants to manage NSR compliance. Mike also has experience with cap and trade programs. As an EH&S executive for a power generation company, Mike led strategic planning on emerging air laws and regulations applicable to power plants.
Water regulation experience includes providing legal counseling and managing issues involving cooling water discharge and intake under sections 316(a) and (b) of the Clean Water Act and managing issues associated with “taking of endangered or threatened species” arising from power plant cooling water discharges and intakes. Mike also has provided legal counseling on compliance with storm water regulations at power plants and construction projects and has developed storm water compliance programs for construction projects.
Mike has provided legal counseling on coal ash storage, disposal and recycling and has provided counseling on hazardous waste and used oil management and disposal. Mike has represented clients on environmental cleanup work under Superfund and various state cleanup laws and brownfields laws, including negotiating consent orders with agencies and private party cleanup and cost recovery agreements.
Mike also has provided legal review and support for environmental assessments and environmental impact statements under NEPA for siting facilities and for construction projects.