Jerry D. Worsham II
Jerry Worsham supports clients in environmental compliance matters, related litigation, and natural resource development.
His experience includes: Climate Change and Environmental and Social Governance (ESG) including comment on issues and regulation development; approvals and permits for natural resource development; litigation defense on numerous cases involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); compliance with the Resource Conservation and Recovery Act (RCRA); civil and criminal liability defense on environmental matters; ASTM Phase I and Phase II Environmental Site Assessments coordination; emergency incident responses; Prospective Purchaser Agreement negotiations; creation of Conservation Easements; and due diligence associated with mergers, acquisitions and initial public offerings.
Jerry reviews and comments on federal, state and local laws, rules and regulations on a regular basis and represents clients before federal and state environmental agencies.
AV Peer Review Rating, Martindale-Hubbell, 1989-Present
Recognized “Environmental Specialist” by the New Mexico Board of Legal Specialization, 2000-Present
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
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
- Barrow Neurological Foundation, Board of Trustees, 2016-Present
- Lou Grubb Friends’ Fore Golf & Gala, Committee Member, 2016-Present
Some of Jerry’s recent matters include:
- Commenting to the Securities and Exchange Commission on 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.
Jerry speaks and writes on legal and environmental issues. He serves as a guest lecturer on Hazardous Waste Regulation for Arizona State University’s Fulton School of Engineering and Polytechnic School of Environmental and Resource Management. Some of his recent articles and presentations include:
- “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,” American Bar Association, Trends Newsletter, 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