An accomplished environmental lawyer and litigator, Alex Elkan works efficiently to achieve his clients’ goals. He provides strategic counsel on a wide range of environmental and land use matters and represents clients before state and federal administrative, trial, and appellate courts. Alex's clients include municipalities and businesses in the real estate development, manufacturing, waste management, and natural resources industry sectors.
Alex focuses his practice on environmental, natural resources, and land use law and litigation before state and federal administrative, trial, and appellate courts. He has more than a dozen years' experience counseling and representing clients in a wide range of environmental compliance, permitting and litigation matters, involving air, water, waste, land use, contaminated properties, and health and safety issues.
Alex continues to be recognized by clients and peers as a leading environmental lawyer and litigator. He has been listed in "The Best Lawyers in America" in Environmental Law, in Business North Carolina’s “Legal Elite” in Environmental Law, and in North Carolina Super Lawyers as a “Rising Star” in Environmental Litigation.
Alex’s litigation and appellate practice involves representing individual and corporate clients before state and federal administrative, trial, and appellate courts in all manner of environmental, natural resources, and land use disputes. Alex regularly litigates a broad range of complex environmental and land use matters. Alex's past cases have involved real estate development, ground water contamination, Clean Water Act permit defense, toxic torts, waste liability (OPHSCA, RCRA, CERCLA), and various other land use, environmental, and business matters.
In his appellate practice, Alex has represented clients before the North Carolina Court of Appeals, the North Carolina Supreme Court and the United States Courts of Appeals for the Fourth and Sixth Circuits. Alex's trial and appellate litigation experience includes:
Successful defenses of Clean Water Act wetlands and discharge permits issued to mining companies, including one of the largest wetlands permits ever issued.
Defense of a manufacturing company in a leading case on groundwater contamination and toxic tort claims
Curl v. American Multimedia, Inc., __N.C.App.__, 654 S.E.2d 76 (2007)
A seminal case on government environmental penalties and third-party intervention
Holly Ridge Associates, LLC v. North Carolina Dept. of Environment and Natural Resources, 361 N.C. 531, 648 S.E.2d 830 (2007)
Commercial lease and contract disputes
Kennedy v. Gardner, 170 N.C. App. 118, 611 S.E.2d 480 (2005)
Real estate and securities fraud claims
Synergy Financial, L.L.C. v. Zarro, 329 F.Supp.2d 701 (W.D.N.C. 2004)
Alex works with developers and property owners on all manner of zoning and land use matters including administrative, legislative, and quasi-judicial proceedings before municipal bodies and related litigation.
Alex has extensive experience representing clients before local, state, and federal administrative tribunals on a wide range of complex environmental, natural resources, and land use matters. Matters Alex regularly handles include regulatory compliance issues, variances, administrative rules interpretation and adoption, negotiation of environmental investigation and remediation parameters, negotiation and resolution of environmental audit and penalty matters, and administrative contested cases.
Recognized by his peers for inclusion in The Best Lawyers in America© in Environmental Law (2013-2016)
Selected by his peers for inclusion in Business North Carolina's "Legal Elite" in Environmental Law (2012, 2014)
2010 Herb Falk Society Pro Bono Award (Greensboro Bar Association)
2014 Pro Bono Award (Greensboro Bar Association)
American Bar Association - Litigation and Environmental Sections, 2003-present
North Carolina Bar Association - Litigation and Environmental Sections, 2003-present;
Environmental Section Council, 2006-2012;
Pro Bono Committee 2015-2016
Defense Research Institute - Toxic Tort and Environmental Litigation Committee, 2004-2008
Greensboro Bar Association, 2003-present
Greensboro Bar Association - Young Lawyers Section Board of Directors, 2004-2006
United Way of Greater Greensboro - Community Grants Committee, 2006-2010
Community Foundation of Greater Greensboro Future Fund - Grants Committee 2007-2010
Green Hill Center for North Carolina Art - Board of Directors, President, 2005-2011
YMCA and GUSA - Youth Athletics Coach, 2005-2015
Assistant Scoutmaster, Boy Scouts of America Troop 101, 2012-present
"Environmental Issues Related to Mining Activities" chapter in North Carolina Environmental Law Desk Manual NCBA 2015
"North Carolina Shale Gas Mineral Rights and Access," UNC School of Law Festival of Legal Learning, 2013
"North Carolina Shale Gas Mineral Rights and Access," Half Moon Land Law Seminar, 2012
"Environmental Risks of Lenders," North Carolina Bankers Association Annual Meeting, 2011
"Recent Developments in Environmental Law," Annual Meeting of the Environmental and Natural Resources Law Section of the North Carolina Bar Association, 2007
"Legal Perspectives on Phase I Environmental Assessments," S&ME Environmental Professional Seminar, 2007
"Environmental Law Developments", Annual Meeting of the Environmental and Natural Resources Law Section of the North Carolina Bar Association, 2006
I grew up on a farm and was instilled with diligence and perseverance through work in the agricultural and natural resources sectors. I appreciate the interconnectedness of our economy and environment, and enjoy using my scientific and legal expertise to creatively solve and skillfully litigate complex matters. While it is particularly rewarding to counsel clients at a stage when we can work together to foresee and address issues before they become problems, I also relish the opportunity to solve problems when they arise and litigate matters to final judgment when appropriate to achieve clients’ goals.