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Jerry D. Worsham II

Member
Senior Director, Clark Hill Economics
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. 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 extensive legal skills extend 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 has taught 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.  He is the Co-Chairman of the Environmental Committee for the Associated General Contractors of America (AGC) Arizona Chapter and is a participant in the AGC’s National Environmental Committee.

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.”

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 Environmental Protection Agency on revised regulations on the Definition of “Waters of the United States” for the Clean Water Act 404 Permit Program.
  • Commenting to the Securities and Exchange Commission on the 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.  Some of his recent articles and presentations include:

  • “The Demise of “Chevron Deference” on the Federal Level Has Also Arrived in the Arizona State Courts”, Maricopa County Bar Association, Maricopa Lawyer, (May 2025)
  • “The Transition from Biden to Trump Administration – The Laws of a State Change With The Changing Times,” 20th Annual Conference – Environmental Professionals of Arizona (March 2025)
  • “The Transition from Biden to Trump Administration – My Humble Prediction,” State Bar of Arizona – Environmental and Natural Resources Law Section (January 2025)
  • Quoted, “High Court Flexes Muscle To Limit Administrative State”, Law 360 (July 5, 2024)
  • “State of Play: Regulatory Environment and Climate Change,” Associated General Contractors of America – Construction, Safety and Health Conference (July 2024)
  • “EBA Responds to SEC RFI Regarding ESG Investing: Climate Change, 10K/10Q, and Emerging Markets,” Panel Leader, Environmental Bankers Association (October 2021)
  • Climate Change: A Different Perspective on Oil and Gas Production,” February 2021
  • “Evaluating Environmental Liabilities For Financial Management Reporting: “The Final Frontier, (November/December 2020)
  • “Paycheck Protection Program Loans, Bankruptcy Protection, and Environmental Considerations Due to the COVID-19 Pandemic” (June 2020)
  • “Environmental Liability Considerations” (August 2018)
  • “Lessee/Tenant CERCLA Liability and Due Diligence – The Build Act of 2018 – A New Wrapper on an Old Package” (July 2018)

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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