Bryan Brice: A Responsibility to the Environment

Bryan Brice came of age in Wilson, NC, in the era of Three Mile Island, Love Canal, and the creation of and court challenges to the Clean Water, Clean Air and the Superfund Act. Today, he is working on behalf of hundreds of teachers, students, faculty, staff and their children sickened by PCB exposure at Poe Hall on N.C. State’s campus.

His interest in protecting the environment was sparked as an undergrad at UNC. “I was at a Grateful Dead concert, and there was a Save the Rainforest booth. I talked to those folks and understood and appreciated what some of those issues were. Also, there were a couple of environmental groups starting on campus,” recalled Brice.

“I love being outdoors. That was part of my spiritual growth. We have a responsibility to take care of the environment and pass it along to the next generations.”

A Firm is Born

Brice was captivated by an environmental law class taught by Prof. Don Hornstein at the UNC School of Law. It opened the door to the possibility of a career in environmental law, combining his political science degree from UNC and his Juris Doctor.

“It gave me an optimistic approach to cases and litigation. With the rule of law, we have regulations that need to be enforced with a pragmatic viewpoint. That’s your baseline. All the actors need to know these are the rules we will be playing by,” said Brice.

He opened The Law Offices of F. Bryan Brice Jr. in Raleigh in 2000 as a solo practitioner to focus on environmental law. The firm added Heather Spurlock and Cathy Cralle Jones as associates to the firm. This fall newly minted attorney Patrick Longest and litigation associate Drew Shores joined the firm. Brice’s childhood friend and UNC classmate John Patteson joined earlier this year as of counsel, as Cralle Jones is entering semi-retirement in an of counsel role.

 “I would not be here today without Cathy Cralle Jones with the successes and environmental law cases Cathy and I have worked on. She is caring, has a brilliant legal mind, and the strong heart of a faithful leader and witness that would make Mary Magdalene smile.”

Many of the firm’s cases involve water issues, including well water and drinking water contamination, and wetlands. “I worked primarily on water issues, and Superfund hazardous waste, in my five years as a staff attorney at the Environmental Protection Agency. I love the NC coast, rivers, and lakes, so I guess I have come by it naturally. Clean water is such an important issue. I don’t ever take it for granted,” said Brice.

‘Earth in the Balance’

Brice was a staff attorney at the EPA from 1991 to 1995, partly while Al Gore was vice president. Brice was handed a copy of Gore’s 1991 book, “Earth in the Balance,” and tasked with using it as a guide to communicate White House environmental policy to Congress and other federal agencies on environmental legislation.

“Part of [Gore’s] vision was that environmental protection could benefit from economic reality and valuation of environmental assets like wetlands and streams and have an open market price for those,” said Brice. “Carbon trading and wetlands mitigation was in its infancy back then. Those types of visions for environmental protection were fascinating and things that we still believe in here.”

While Gore is sometimes seen as the modern standard-bearer for the environmental movement, “the environment is not a Republican or a Democrat issue,” said Brice. He noted that the EPA was established by Richard Nixon.

Dan River Coal Ash Spill

David Kirby and Brice outside Poe Hall

In 2014, a stormwater pipe burst beneath a Duke Energy coal-fired power plant along the Dan River in Eden, North Carolina, near the Virginia border. It sent 39,000 tons of coal ash and 27 million gallons of contaminated water down the Dan. “Jones and Spurlock, were instrumental in helping us represent 90% of the property owners along the river.”

“The extent and harm caused by the decades of Duke Energy dumping of coal ash was devastating to our clients’ properties,” said Brice. “Cathy and I went to Eden many times in the course of the case and saw it firsthand.”

Coal ash contains mercury, lead, arsenic, and other chemicals that can be harmful to human health, causing cancer, kidney damage, cardiac arrhythmia, and other illnesses. “The dumping of coal ash has caused environmental contamination and hardships that homeowners, small businesses, and communities are still trying to recover from today.”

Duke was required to pay $3 million to EPA to clean up the spill. There was ensuing litigation that led to the clean-up of Duke coal ash dump sites on 13 rivers statewide. “The extent of the coal ash contamination is statewide, and we continue to work on cases trying to fix it. We still have a mason jar in our office of the toxic water that our client collected on the day of the spill.”

“It was a highlight of our careers to work in tandem with the Southern Environmental Law Center, which worked with the Riverkeepers in their litigation, and where we represented property owners along the Dan River and across the state.”

“Making Duke Energy provide clean drinking water for the thousands of people who needed it within a half mile of the Duke coal power plants across NC was one of our most satisfying legal results. It felt great to be part of that success,” said Brice.

Brownfields Redevelopment

Most of downtown Raleigh sits on soil with contaminated groundwater that could preclude the development of commercial, retail and residential development, according to Brice. “Sometimes it’s from that old factory or a tire changing business or an old gas station.”

“We’ve had more and more folks looking at those contaminated properties to try to redevelop them, and there’s a way to do that.” The firm is helping business clients buy and sell reclaimed property under the Brownfields Program created by the EPA in 1995.

“Brownfields redevelopment takes contaminated properties that are prime for re-development in ways so that they don’t have to be cleaned up to the 99th percentile but can still be re-used and put back on the tax rolls,” said Brice.

“Cleaning up groundwater can cost millions of dollars. So, part of the trade-off in Brownfields redevelopment is to put deed restrictions, so the site can’t be used to build a daycare center, but the property owner is not required to have to clean up the groundwater, with monitoring to keep a check on it,” Brice added. “Such is part of that process, which I have loved working on Brownfields matters with our longtime Of Counsel Rob Gelblum.”

Cathy Cralle Jones, Brice and Rob Gelblum at the site of a former auto repair in Raleigh that would be a likely Brownfields site. (Photo by Kevin Seifert)

PFAS - A Growing Concern

John Patteson, Isabella King, Cathy Cralle Jones, Hannah Hipp, Jeremy Best, Rob Gelblum, Bryan Brice, McLean Brice, Crystal Veler, Mason Blake, Robert Lane and Drew Shores (Photo by Kevin Seifert)

“PFAS, or ‘Forever Chemicals,’ are a group of over 10,000 synthetic compounds, including PFOS, PFOA, and GenX, known for their resistance to breakdown,” explained Brice. “Once valued for their waterproof and nonstick properties, PFAS are now linked to serious health risks such as cancer, autoimmune disorders, and developmental issues. These toxic substances have polluted rivers and lands across North Carolina, including the Gen-X contamination of the Cape Fear River to Wilmington.

“Our office represents families from Alamance County to Wilmington, fighting DuPont, 3M, and Chemours regarding property damages and personal injuries,” he added.

Poe Hall

Brice’s firm, partnering with the law firm of Edwards Kirby, represents hundreds of clients who believe they developed cancer or other illnesses from exposure to PCBs at NC State’s Poe Hall. Former students, professors, and their children who spent time at Poe Hall have reported various cancer diagnoses, including thyroid, blood, breast, and skin cancers, all of which have been linked to PCB exposures through studies. Raleigh TV station WRAL analyzed breast cancer diagnoses among workers at Poe Hall in 2022 and found the incidence rate was three times higher than the Wake County average.

The building, which opened in 1971, was closed in November 2023 when high levels of PCBs were discovered in the HVAC system. WRAL reported that according to publicly available documents, scientists found samples of PCBs in the HVAC system that were often dozens or hundreds of times higher than the EPA limit for human safety. PCBs in the building materials were made by Monsanto.

“It’s a case where we have hundreds of clients who have developed cancer and other PCB-related health issues with one thing in common besides the serious health issues that have befallen them, and that’s that they all spent a significant amount of time in Poe Hall. We’re working hard to see to it that they are fairly and justly compensated for what has happened to them through no fault of their own.”

Patrick Longest, Robert Lane, Cathy Cralle Jones, Bryan Brice, John Patteson, Andrew Shores at the NC Fallen Firefighters Memorial in Raleigh’s Nash Square. The firm represents firefighters who have been injured by exposure to PFAS through their gear and by exposure to AFFF foam.

The Two Big Es

Brice with Justice John Webb after passing his bar exam in 1991. Brice had clerked for Webb.

Brice has devoted a lot of his time outside his firm in the community, supporting environmental, educational and nonprofit groups.

Wetlands and their protection are an environmental law challenge Brice works to address. “Our coastal areas have a lot of wetlands that, under a recent U.S. Supreme Court decision, have been redefined. It might put isolated wetlands at risk where they were not before,” said Brice.

He has served on the board of UNC’s Institute for the Environment for over a decade, recently stepping down as board chair. “UNC’s Institute for the Environment delivers the two big Es: Environment and Education. There are cross-cutting educational opportunities with the sciences, law, business school, and a lot of collaborative work with government grants for research,” said Brice.

“We would not be where we are as a firm practicing environmental law without Cathy’s leadership and advocacy,” said Brice. “We have been blessed to work on the things we care about regarding the environment and protecting our planet and protecting people. Having a role in that brings me deep satisfaction.

“I feel we are most proud of being in the position to help people. I have been able to have an amazing staff and the best people to work with, and so many good businesses and good clients who are good people,” said Brice. “It has been very rewarding to work to help solve complex environmental problems while trying to help protect the environment.”

At A Glance

Law Offices of F. Bryan Brice, Jr.
130 S. Salisbury St
Raleigh, NC 27601
919-754-1600
www.attybryanbrice.com

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