Attorney - Scott Cole

Attorney:

Scott Cole
Of Counsel
HBS Atlanta Office

P: (404) 954-6924
F: (404) 954-5020
E: dscole@hallboothsmith.com
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Overview

Scott Cole joined HBS as Of Counsel and works with several of the firm's practice groups. A native of Atlanta, Georgia, Mr. Cole has a civil engineering degree from Vanderbilt University and a law degree from Mercer University's Walter F. George School of Law.

Mr. Cole has over 17 years' experience handling water supply, environmental and local government matters with a focus on acquiring permits under Section 404 of the federal Clean Water Act. His experience includes project management duties; guiding clients through the Clean Water Act, Endangered Species Act, National Environmental Policy Act, and National Historic Preservation Act; drafting persuasive analyses of data; negotiating with regulatory officials; and assisting the client/permittee with permit compliance issues. In this arena, Mr. Cole has been involved in nearly 20 water supply reservoirs and numerous private developments, representing those clients in front of the US Army Corps of Engineers, the US Environmental Protection Agency, the US Fish & Wildlife Service, and the Georgia Environmental Protection Division.

Mr. Cole has worked as outside counsel to a suburban Atlanta county and local water authority. In that capacity, he drafted and reviewed various contracts, including GDOT and multi-million dollar construction contracts; drafted various ordinances and resolutions; and advised local officials on land acquisition, policy and other matters.

Mr. Cole has been a member of the Metropolitan North Georgia Water Planning District’s Basin Advisory Council for both the Ocmulgee and Chattahoochee River Basins.

Mr. Cole is the Chair of the Environmental Practice Group and a Senior Member of the Transactional Practice Groups.

Practice Areas

Construction

Mr. Cole has represented governmental entities, owners, construction managers, contractors, subcontractors, engineers and architects, at all stages of construction.

Corporate and Partnership

Mr. Cole serves as outside general counsel to numerous private companies and non-profit entities. Mr. Cole works with corporate clients to identify strategic goals and assists them through initial planning, negotiations, and project completion.  He has counseled real estate, environmental, and technology companies through entity formation, project and product development, financing, and the acquisitions and disposition of assets. As general counsel, Mr. Cole has advised clients on non-disclosure agreements, equipment and property leases, freedom of information act requests, master consulting agreements, licensing agreements, and financing agreements.

Dental

Mr. Cole's transactional experience and corporate government experience comes together in the successful representation of dental practice groups. Mr. Cole’s experience is grounded in provided sound legal advice to professionals concerning the day to day legal matters encountered by a practice including corporate organization and structure, employment agreements, lease agreements, and business agreements. Representative projects include:
• Restructuring the corporate organization of a multi-office dental practice;
• Creating the corporate structuring for a multi-office orthodontics practice;
• Serving as Sellers' counsel in the sale of a multi-office dental practice to a new national practice group;
• Serving as Buyer's counsel in the purchase of a multi-office dental practice; and
• Serving as Buyer's counsel in the purchase of a minor share of an existing practice.

Energy, Regulatory & Utilities

Mr. Cole has experience in matters involving the financing, acquiring and permitting of renewable energy projects.

Environmental, Mass Torts & Land Use

Mr. Cole understands the current water, land, and green technology issues the facing the Southeast. He works with local government entities to plan, permit and implement solutions to provide long-term reliable water resources to the citizens of those communities. 

His Representative Public Water Supply Projects include:

  • Hickory Log Creek Reservoir (City of Canton and Cobb County-Marietta Water
    Authority, Cherokee County, Georgia). Primary client contact during implementation of the permit conditions. Handled preparation of permit documentation, negotiated permit conditions and permit modifications, prepared land acquisition documents and assisted
    permitees with land acquisition and permit compliance. Section 404 permit granted in 2004.
  • Bear Creek Reservoir (Newton County, Georgia). Primary client contact. Handled development of the permit application, drafted analysis of water supply alternatives, managed acquisition of property for the reservoir and for the compensatory mitigation. (permit pending)
  • Hard Labor Creek Reservoir (Walton County Water & Sewerage Authority, Walton County, Georgia). Drafted regional analysis of project alternatives, negotiated permit conditions and handled land acquisition matters. Section 404 permit granted in 2004.
  • Lake McIntosh (Fayette County, Georgia). Handled permit preparation and acquired compensatory mitigation property. Section 404 permit granted in 2007. 

Government Affairs

Mr. Cole routinely represents clients in front of local, state, and federal government agencies.  His knowledge of different water, energy and technology issues facing the state's metropolitan and rural areas makes him a valued addition to the Governmental Affairs practice group.  He has the ability and experience to represent the client's interest in local, regional, state and federal issues, fighting for the best possible outcome for his clients.  Representative clients in this arena include engineering, environmental and technology firms.

Governmental Liability

In addition to working with local government officials in water and other infrastructure projects, Mr. Cole has over 17 years experience advising local government officials on policy and other issues, drafting ordinances and resolutions, drafting and reviewing contracts and acquiring land for public purposes, environmental, mass torts, and land use.  Mr. Cole understands the current water, land and green technology issues facing the southeast.  He works with local government entities to plan, permit and implement solutions to provide long term reliable water resources to the citizens of those communities.  He also works with private clients to assist in the planning, permitting and implementation of a wide variety of projects with environmental and land use components.  Representative clients include companies developing and implementing new water treatment capabilities, joint waste water renewable energy projects, and companies seeking to take advantage of the favorable tax treatment of conservation easements. Mr. Cole currently serves as the city attorney for Mansfield, GA.

Transactional

Mr. Cole represents clients, including technology, communications and energy companies on a variety of matters ranging from entity selection, organizational structuring, transaction structuring and working with clients through day to day and extraordinary business transactions. His experiences consist of working with nondisclosure agreements, master consultant agreements, licensing agreements, financing agreements, due diligence investigations, mergers and acquisitions and negotiating corporate severances.  In addition to numerous corporate formations, Mr. Cole's representative projects include the corporate reorganization of an international mining company and the sale and licensing of technology copyrights.

Education

Vanderbilt University, Bachelors Degree, Civil Engineering
Mercer University School of Law, Juris Doctor

Admitted

Georgia
Northern District of Georgia
Georgia Court of Appeals
Supreme Court of Georgia
Northern District of Georgia Bankruptcy
Middle District of Georgia Bankruptcy

Membership

Georgia Association of Water Professionals
Smart Growth Newton County Board of Directors
Covington Redevelopment Authority
Republican Leadership for Georgia, 2012 (Treasurer)
Institute for Georgia Environmental Leadership, 2015
Conservation Policy Leadership Institution, 2014

Presentations

2012 Coosa River Basin Initiative's Annual Meeting, "The Role of Reservoirs" - Panel Speaker

2012 Alabama Water Resources Conference

2011 Georgia Water Resources Conference, "Interbasin Transfers of Water"

2011 Georgia Chamber of Commerce Environmental Conference, "Water Supply Reservoirs in Georgia" - Panel Speaker

2010 ACCG County Attorneys Breakfast, Update on the Statewide Comprehensive Regional Water Planning Process

2010 Spring Conference for the American Bar Association's Local Government Section, "Interbasin Transfers of Water" - Panel Speaker

2010 CLE on Georgia Water Supply Update

Articles

Construction Law Compendium, 2015

2011 Georgia Water Resources Conference 2011, "Interbasin Transfers of Water"

"A year after ruling, our water future is now bright." Atlanta Journal-Contitution. July 14, 2010, Written by Scott Cole and Brad Carver.

2010 Georgia State Bar Environmental Law Section, Summer 2010, "Interbasin Transfers
of Water"

2010 American Bar Association's Local Government Section Journal, "Interbasin Transfers
of Water"