Gregory T. Dutton
Greg has broad experience in environmental and administrative law, and focuses his practice on environmental compliance and litigation, utility regulation, and energy law. He has represented clients in federal and state litigation involving the Clean Water Act (CWA), Clean Air Act (CAA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Greg is particularly experienced in matters concerning water quality, including discharge permitting for municipalities, utilities, heavy industry, and concentrated animal feeding operations (CAFOs); Safe Drinking Water Act interpretation and compliance; and litigation challenging U.S. Environmental Protection Agency rulemaking actions, including the so-called Clean Water Rule defining Waters of the United States.
Greg has practiced extensively before the Kentucky Public Service Commission (PSC), including appearances on behalf of a local water utility, a local gas utility, a nationwide energy company, the Commonwealth of Kentucky, the City of Louisville, and two state-wide business associations. Greg’s PSC experience includes rate cases, applications for Declaratory Orders, environmental surcharge applications, abandonment proceedings, and tariff amendments.
Greg advises and represents the manufactured housing industry on a wide range of issues. This includes frequent interactions with the Kentucky Public Protection Cabinet’s Division of Housing, Buildings, and Codes; the Kentucky Department for Environmental Protection; and various Planning and Zoning Commissions across the Commonwealth. He has also assisted community developers and owners with a variety of issues, including lease contract language, construction disputes, and regulatory compliance.
Prior to joining Frost Brown Todd, Greg started the environmental and energy practice at a mid-size Louisville law firm. Before that, he held an appointed position within the Kentucky Attorney General’s Office where he represented Kentucky in numerous federal lawsuits concerning environmental issues, and before the Kentucky Public Service Commission on a variety of utility matters. He has also worked for the U.S. Environmental Protection Agency in Washington D.C., where he focused on water permitting and policy issues.
- Purchase of commercial plaza that formerly housed a dry cleaner. Successfully entered property into Brownfield program prior to closing, while also avoiding any requirement to conduct additional remediation of the site.
- Successful appeal of Clean Water Act enforcement decision to U.S. Court of Appeals for the Second Circuit.
- Successful representation of superfund site owner in avoiding enforcement action while negotiating preferred remediation plan.
- Representation of Kentucky League of Cities in numerous cases before the Kentucky Public Service Commission, resulting in millions of dollars in savings for Kentucky Municipalities and new city-centric cooperative programs with local energy utilities.
- Representation of City of Louisville before KY Public Service Commission in a challenge to the long-standing interpretation of Kentucky Constitution provisions dealing with municipal franchise fees.
Highlights & Recognitions
- Louisville Business First 2018 Forty Under 40 Honoree
- Featured story: FBT rallies in support of local arts organizations
Memberships & Affiliations
- Louisville Bar Association, Environmental Law Section: Member
- Kentucky Bar Association, Section on Energy, Environment, and Natural Resources: Chair-Elect, 2017-2018
- Kentucky Bar Association, Section on Energy, Environment, and Natural Resources: Vice-Chair, 2016-2017
- American Bar Association, Section of Environment, Energy and Resources: Member
Civic & Charitable Organizations
- Fund for the Arts NeXt Program, Class of 2017
- KMAC Museum, Board of Directors
- Louisville Bar Foundation, Board of Directors