Alexander Elkan

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 extensive experience counseling and representing clients in virtually all manner of environmental compliance, transactional, permitting and litigation matters. Alex regularly handles a wide range of matters relating to mining, manufacturing, timbering and real estate development. 

Examples include: obtaining Clean Water Act permits (401/404, NPDES, stormwater) and Clean Air Act permits; counseling waste management companies on regulatory compliance (including RCRA and CERCLA); advising real estate development companies on environmental and land use permitting; counseling manufacturing and other business clients on environmental, health and safety issues; and litigation involving permitting, government fines and penalties, and contamination.

Alex is recognized by clients and peers as a leading environmental lawyer and litigator. This recognition includes listings in The Best Lawyers in America© (Environmental Law), Business North Carolina’s “Legal Elite” (Environmental Law), North Carolina "Super Lawyers"  (Environmental Litigation) and as a "Future Star" by Benchmark Litigation.

Alex’s trial and appellate litigation practice involves representing individual and corporate clients in all manner of business, environmental, natural resources and land use disputes before local, state and federal administrative tribunals, and trial and appellate judicial courts. Alex regularly litigates a broad range of complex matters involving mining, real estate, contaminated properties, toxic torts, permits, waste, and various other land use, environmental, and business matters.

Alex has represented clients before state agencies, commissions, and judiciary courts, including: the Department of Environmental Quality, Office of Administrative Hearings and Environmental Management Commission; numerous Superior Courts throughout the state; and the Court of Appeals and Supreme Court. He also regularly litigates matters in all Federal District Courts in the state, and in the United States Court of Appeals for the Fourth Circuit.

Some of Alex's more notable cases include:

Trial and appellate litigation to judgment in defense of mining and real estate development clients against advocacy groups' challenges of Clean Water Act wetlands and discharge permits - including a case involving the successful defense of a state 401 Certification allowing one of the largest areas of wetlands impact, mitigation and preservation ever authorized. [See Pamlico-Tar River Foundation et al. v. NC DENR (Office of Administrative Hearings, Environmental Management Commission, and Wake County Superior Court)]

Trial and appellate litigation to judgment in defense of manufacturing clients against multiple personal injury and property claims based on alleged groundwater contamination. The clients' success stands as the leading toxic tort decision under North Carolina law. [See Curl et al. v. American Multimedia et al. (Alamance County Superior Court and North Carolina Court of Appeals)]

Appeal to the North Carolina Supreme Court in defense of a real estate development client against state government fines and penalties issued for alleged violations of the Clean Water Act. The client's success stands as a leading decision on third-party intervention and government penalties under North Carolina law. [See Holly Ridge v. NC DENR (North Carolina Supreme Court)]

Trial and appellate litigation to judgment in successful defense of a real estate client in a matter involving a commercial lease and contract dispute. [See Kennedy v. Gardner (Guilford County Superior Court and North Carolina Court of Appeals)]

Trial litigation to judgment in successful defense of a law firm client against business tort and contract claims arising out of real estate development and securities matters. [See Synergy Financial, LLC v. Zarro et al. (Federal District Court for the Western District of North Carolina)]

Defense of a manufacturing company client and successful resolution of federal government fines and penalties issued for alleged violations of environmental reporting requirements. [See U.S. Environmental Protection Agency v. Greenfiber, LLC (U.S. EPA Region IX)]

Alex maintains a land use practice in which he counsels and represents developers and property owners in relation to all manner of zoning and land use matters, including representation before planning boards, boards of adjustment, city councils and county boards of commissioners, as well as related litigation before trial and appellate courts when appropriate to achieve clients' goals.

Alex understands that each matter is unique to the project, the land, and the legal, political and technical circumstances presented, and tailors his approach to pragmatically and efficiently achieve his clients' goals. His role may range from "behind the scenes" counselor to comprehensive representation in which he takes the lead in communicating with landowners, regulators, municipal staff, and elected officials to minimize opposition and garner support.

His experience includes successfully working throughout North Carolina – from the mountains to the piedmont to the coast - on matters involving rezonings, variances, special use permits, CAMA and wetlands permitting, stream buffer and stormwater issues, and other concerns. Alex has helped clients obtain government authorizations for highly contested projects, and has skillfully litigated numerous real estate and land use matters. He very much enjoys the multifaceted nature of land use matters and working creatively to achieve his client’s goals.

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. Alex handles regulatory compliance issues, variances, administrative rule-making and interpretation, environmental investigation, audit and penalty matters, and administrative contested cases.