Jerry D. Worsham II

Shareholder

emailjworsham@rcalaw.com
phone602.440.4808
fax602.257.6924
Legal Assistant: Mary Misic
emailmmisic@rcalaw.com

Biography

Jerry has an extensive practice in environmental compliance, 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.  

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.

Speaking Engagements

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:

  • “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

Memberships

  • 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
  • Barrow Neurological Foundation, Board of Trustees, 2016-Present
  • Lou Grubb Friends’ Fore Golf & Gala, Committee Member, 2016-Present
  • Governor’s Mining Advisory Council, Board Member, 2016
  • American Bar Association
  • Maricopa County Bar Association

Distinctions

  • 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
Profile Information

Offices

Solutions

Education

  • University of Denver Sturm College of Law, J.D., 1988
  • Pepperdine University School of Law, M.B.A., 1982
  • Cornell College, B.S.S., 1978

Admissions

  • Texas, 1996
  • Arizona, 1994
  • District of Columbia, 1994
  • New Mexico, 1989

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