Gary J. Smith has over 30 years of complex litigation experience. Since his admission to practice in 1976, Mr. Smith has served as lead counsel or trial team member on a wide spectrum of trial court and appellate matters including massive multi-party Superfund proceedings, complex groundwater contamination cases, nationwide consumer class actions, multi-million dollar construction disputes, and criminal antitrust prosecutions.
Since joining Beveridge & Diamond, Mr. Smith has enjoyed an active litigation practice with an emphasis on environmental matters, particularly litigation over contaminated property including toxic tort, product defect and nuisance cases. He has served as lead counsel for several of the nation's largest industrial companies in Superfund cost recovery matters and has been heavily involved in litigation challenging federal regulations on wetlands and the defense of wetlands enforcement actions. Mr. Smith has also been principally responsible for the defense of civil enforcement actions under the Clean Water Act, RCRA, and California Proposition 65 and for upholding project permits under challenge on NEPA and CEQA grounds. Mr. Smith's non-environmental litigation has included representation of the City of Dubuque, Iowa in litigation concerning its water and wastewater treatment plant construction projects. He has also represented the cities of Cincinnati, Ohio, Davenport, Iowa, and Morgantown, West Virginia in litigation over their wastewater treatment plant construction projects.
Mr. Smith joined Beveridge & Diamond, P.C. as a Principal in 1986. In 1989 he opened the Firm's office in San Francisco. Prior to joining Beveridge & Diamond, Mr. Smith was a partner in one of Washington's leading antitrust litigation firms where his practice included both civil and criminal antitrust matters as well as administrative proceedings.
Mr. Smith's non-litigation practice includes advising clients on environmental permitting for telecommunications systems, environmental aspects of real estate and corporate transactions, wetlands and endangered species issues, underground storage tank regulation, hazardous material handling and spill reporting requirements, California Proposition 65 and counseling on antitrust issues in business transactions and marketing programs.
Mr. Smith served on the Harvard Journal on Legislation. He is admitted to practice in Washington, D.C., California and New York and before federal trial and appellate courts across the country.
Mr. Smith's arts and community service activities have included service on the board of the Saratoga Preservation Foundation, treasurer of the Community Hospice Foundation, board member and president of the Saratoga County Arts Council, and board member and president of the Collectors of Wood Art.
Mr. Smith was elected by his peers for inclusion in the 2011-2017 editions of The Best Lawyers in America in the fields of environmental law and environmental litigation, as well as the 2009-2015 editions of Super Lawyers in the field of environmental litigation.