Drew Ernst, a Partner in the Firm's Savannah office, has practiced for over 30 years in the areas of Environmental Law, Land Use, Commercial Real Estate Development, and Industrial Development. He has extensive experience in representing clients on "wetland" issues and coastal development matters arising under various facets of Georgia's Marshlands Protection Act and Shore Protection Act. He also represents clients before regulatory agencies in obtaining permits under the Clean Water Act. He has been listed in The Best Lawyers in America for Environmental Law since 1997 and in 2009 was elected into membership in the American College of Environmental Lawyers.

On behalf of an economic development authority, Mr. Ernst was instrumental in the creation of a unique Section 404 Permit for a 1,800-acre industrial park. The pre-permitting of the entire development effectively reconciled environmental concerns and economic development before the final uses of the park were identified. Lt. General Henry Hatch, then Chief of Engineers and Commander of the U.S. Army Corps of Engineers, personally issued the permit in Washington, D.C. This permitting concept has become the basis for most large industrial parks developed since the early 1990's. 

Mr. Ernst has authored numerous articles on environmental and real estate issues, including "Responding to the Challenge of the 404 Permit", published in the Economic Development Review and co-authored "Water Water Everywhere, Better Call the Corps: Section 404 Regulation of Wetlands", Vol. 41 No. 3 Mercer L. Rev. 843. Mr. Ernst has also been a frequent speaker on environmental and real estate topics at seminars sponsored by different organizations, including The Institute of Continuing Legal Education in Georgia; The American Economic Development Council; the Natural Resources, Energy, and Environmental Law Section of the American Bar Association; Executive Enterprises; and The Seminar Group. He has co-chaired the Southeast and Georgia Wetlands and Water Law program presented annually in Atlanta since 2001. Mr. Ernst's last presentation in February 2011 was entitled "In Search of Mitigation: Savannah Harbor Deepening Project."  

Mr. Ernst received his B.A., magna cum laude, from Armstrong State College in 1974 and his J.D. from the University of Georgia School of Law in 1977. At Armstrong, he received the Silver A Award for Academic and Civic Achievement. In law school, he served on the editorial board of the Georgia Journal of International and Comparative Law.

• Representative Engagements

  • Represented a major paper manufacturer in land acquisition and environmental due diligence and permitting of a $750 million recycled Tissue Mill located in Effingham County, Georgia on the Savannah River.
  • Coordinated the Corps of Engineers permitting and title acquisition for a major textile chemical manufacturing plant to be located on the Savannah River.
  • Coordinated environmental due diligence and negotiated environmental provisions in an asset purchase transaction involving redevelopment of a major manufacturing facility of heavy equipment in the Midwest. The location was a "brownfield" site requiring extensive coordination with both the State of Indiana and EPA in the cleanup of various constituents including. solvents, PCB's, and asbestos, among others.
  • Coordinated environmental due diligence and negotiated environmental provisions in deal documents as part of the overall representation in the purchase of an ocean port terminal and related chain of gas stations with approximately 60 locations in the southeastern United States.
  • Coordinated the planning and wetland permitting for an 1800 acre mixed use Industrial Park in Coastal Georgia, which was recognized by the U.S. Army Corps of Engineers as a "first-of-its-kind" permitted project.
  • Represented an economic development authority in the acquisition of a 6,000-acre tract of timberland to be developed into an Industrial Park.  The representation included all facets of development such as: Section 404 permitting, securing the necessary permits to become a designated regional service provider (water and sewer), and resolution of various zoning issues.
  • Represented CSX Realty and the Westin Savannah Harbor Resort on Hutchinson Island, located across the Savannah River from historic downtown Savannah, Georgia, in real estate matters and environmental due diligence and permitting in the ever-expanding development of Hutchinson Island. Handled land acquisition, title, zoning and land use issues, governmental relations with the city and county regarding water, sewer and future marina to be located on the site, resulting in a public-private partnership for funding of infrastructure for the island and an investment to date exceeding $450 million. 
  • Represented for over 20 years the largest manufacturer of tractor-trailers in the United States on environmental permitting and compliance issues associated with its five (5) major manufacturing plants and numerous repair facilities located throughout the country.
  • Represented numerous "PRP's" in dealing with various "SuperFund" sites located throughout the United States.
  • Represented various businesses and timber companies in Clean Water Act disputes associated with "agricultural activities" under 33 U.S.C. ş 1344 (f).  
  • Coordinated the Corps of Engineers and State of Georgia (Marshlands Protection Act) permitting for the construction and expansion of numerous marinas in coastal Georgia, as well as assisting clients with acquisitions of numerous existing marinas such as Golden Isles Marina in the Frederica River, St. Simons Island, Georgia.

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  Environmental Education
  
  Mr. Ernst developed Coastal Ecology Programs for the "Leadership Savannah - Youth Program", a leadership development program for outstanding public and private high school students sponsored by the Savannah Area Chamber of Commerce.  For six years, Mr. Ernst prepared and conducted hands on learning programs on coastal ecology at the Skidaway Institute of Oceanography, Skidaway Island, Georgia.  Approximately 240 students participated in these unique programs.  Mr. Ernst utilized role playing, laboratory research on student collected marine organisms and discussions of economic pressures on the environment to develop a greater understanding of coastal ecology by the participants.

• Publications

  • Water, Water Everywhere, Better Call the Corps: Section 404 Regulation of Wetlands
  • The 404 Permit That Couldn't, But Did - The Story of Crossroads Business Center
  • Don't Let the Mud Hit the Fan - Wetlands Legislation is Often Overlooked by Business Owners.
  • The Development of Hutchinson Island, Savannah-Chatham County's Public-Private Partnership
  • In Search of Mitigation: Savannah Harbor Deepening Project
  • The Savannah Harbor Deepening Process Continues
  
  more
   

• Professional Affiliations and Awards

  • American College of Environmental Lawyers 
  • American Railway Development Association
  • Chambers USA - America's Leading Lawyers for Business: Environmental Law
  • Best Lawyers in America: Environmental Law, Economic Development Law
  • Who's Who Legal: The International Who's Who of Business Lawyers
  • Georgia Super Lawyers: 2004 - 2008
  • American Bar Association: Member, Section of Environment, Energy and Resources
  • State Bar of Georgia
  • Savannah Bar Association