ATTORNEYS

CHARLES R. "CHUCK" NESTRUD
Attorney, Of Counsel
(501) 687-1442

Professional Experience

While engaging in the practice of commercial litigation for over 30 years, Chuck Nestrud has concentrated his practice in the area of environmental regulatory law and litigation. Mr. Nestrud’s regulatory practice includes air, water, solid and hazardous waste, mining, right to know, employee safety, hazardous substance remediation and cost recovery, land use and zoning in proceedings before the Arkansas Department of Environmental Quality and its Commission, the Arkansas Department of Health, the Arkansas Public Service Commission, the Arkansas Natural Resources Commission, the Environmental Protection Agency and its Appeals Board, the U.S. Army Corps of Engineers, as well as numerous municipal and county land use planning and permitting authorities. His litigation focus includes commercial litigation as well as administrative enforcement and permitting, toxic tort litigation, environmental property damage and nuisance litigation, in proceedings before state and federal trial and appellate courts. He became Of Counsel to the firm in 2016.

Practice Areas

  • Environmental (Regulatory and Litigation)
  • Land Use Planning
  • Commercial litigation

Court Admissions

  • Arkansas state and appellate courts
  • U.S. District Courts for the Eastern and Western Districts of Arkansas
  • U.S. Eighth and Tenth Circuit Courts of Appeals
  • U.S. Supreme Court

Professional Associations

  • American Bar Association
  • Arkansas Bar Association and Environmental Law Section (past Chairman)
  • Pulaski County Bar Association
  • Environmental Law Network

Honors

  • Fellow, American College of Environmental Lawyers
  • Chambers USA, America’s Leading Business Lawyers, Environmental Litigation
  • International Who’s Who of Business Lawyers, Environmental Law
  • Best Lawyers in America
  • Mid-South Super Lawyers
  • Best Environmental Lawyers-Arkansas, Arkansas Times

Community Involvement

  • Arkansas Environmental Federation (Board Member and Past President)
  • Lake Maumelle Watershed Task Force

Presentation and Thought Leadership

  • Arkansas Environmental Federation Annual Meeting “Issues Breakfast” for past 15+ years
  • Environmental Law Section Annual Meeting Presentations
  • Arkansas Bar Association CLE Presentations
  • Keynote Address: “Impact of Public Interest Groups on Environmental Policy in the United States,” Ecological Civilization Conference, All China Lawyers Association, Shenzhen, China (September 13, 2014)

Reported decisions include:

  • AJ&K Operating Company v. Grover Smith, 355 Ark. 510, 140 S.W.3d 475, (2008). Obtained preliminary injunction on behalf of oil producers to stop landowner interference with remediation.
  • Ingersoll-Rand Company v. El Dorado Chemical Company, 373 Ark. 226, 283 S.W.3d 191 (2008). Obtained $9.8 million judgment related to negligent repairs at a chemical manufacturing facility, affirmed on appeal.
  • In re El Dorado Joint Pipeline Group Permits, Arkansas Pollution Control and Ecology Commission, Docket No. 07-006-P (Order No. 9, 2008); affirmed, State of Louisiana, et al v Joint Pipeline Group, 373 S.W.2d 292 (2010). Obtained dismissal of appeal by Louisiana, et al. of NPDES wastewater permits for four party joint wastewater pipeline.
  • Hempstead County Hunting Club v. Southwestern Electric Power Company, 645 F.3d 978 (8th Cir. 2011). Obtained preliminary injunction to stop construction of electric generating facility for violations of environmental statutes, affirmed on appeal.
  • Ouachita Riverkeeper v. Corps of Engineers, 938 F.Supp.2d (2013). Obtained dismissal of appeal of Section 404 (wetland) permit.
  • In re Acme Brick, Arkansas Pollution Control and Ecology Commission, Docket No. 09-014-P (Order No. 5, 2010). Obtained reversal of objectionable Air Permit conditions (state air toxics).
  • In re El Dorado Chemical Company, Arkansas Pollution Control and Ecology Commission, Docket No. 13-008-P (Order No. 5, 2014). Obtained reversal of objectionable Air Permit conditions (Prevention of Significant Deterioration/Best Available Control Technology).

Education

  • J.D., University of Arkansas, 1976
  • B.S. Industrial Engineering, University of Iowa, 1974