ENVIRONMENTAL

Meeting today’s environmental regulatory obligations is no simple matter. Apart from the obvious importance of environmental responsibility, you are faced with among the most stringent and ever-changing environmental laws and regulations anywhere. We can help you meet these obligations within the context of your commercial goals and the larger business context in which you operate.

  • Environmental Regulatory Counseling


    • Advised an energy company on regulatory changes to Pennsylvania's complex residual waste regulations.
    • Worked as part of the common counsel team for the remedial selection phase of a landfill remediation project involving heavy metal contamination and wetlands restoration issues.
    • Advised a client on closure issues related to an unpermitted hazardous waste disposal area exhibiting heavy metal contamination and preparing a related proposal to the Ohio EPA for risk-based cleanup levels.
    • Represented 8 companies as common counsel with respect to a Superfund site in New Jersey, and negotiated multiple administrative orders with the USEPA and resolved group claims against non-group member PRPs.
    • Handled and resolved erosion and sediment, stream encroachment and wetland matters before the Pennsylvania DEP and the United States EPA.
    • In a matter involving a Superfund site, successfully obtained liability protection under Pennsylvania's Act 2 Brownfield program for a party acquiring property that was adjacent to a Superfund site that had contaminated groundwater from the Superfund site beneath the property and contaminated surface water from the site adjacent to the property.
    • Successfully represented a maintenance contractor in negotiations with a plant owner, the Department of Justice and the EPA regarding numerous allegations of regulatory violations relating to the release of refrigerants into the atmosphere.
    • Represented a major municipal sewer authority in Allegheny County, Pennsylvania in negotiations with state and local regulators and numerous neighboring municipalities regarding compliance with Clean Water Act mandates concerning sanitary sewer overflows and combined sewer overflows and the development of a sewer assessment program.
    • Represented a Pennsylvania university regarding architectural contract for development of "green" academic building planned for Silver LEED certification.
    • Represented a telecommunications company regarding Clean Air and Emergency Planning and Community Right-to-Know (EPCRA) Act violations in 17 states.
    • Represented a water and sewer authority and Three Rivers Wet Weather, Inc. in negotiations with state and local regulators regarding compliance with Clean Water Act mandates concerning sanitary sewer and combined sewer overflows and the development of a sewer assessment program, including coordinating and drafting responses from more than 80 municipalities and coordinating the work and comments of more than 60 engineers.
    • Represented a leading provider of comprehensive waste management services in North America on environmental and toxic tort litigation, regulatory counseling, Brownfield development, renewable energy and SEC environmental compliance matters.
    • Resolved a civil penalty action brought by the Pennsylvania DEP against a wire rope manufacturer for releases of contaminated wastewater through an ACO requiring site characterization under the Pennsylvania Act 2 Brownfield program.
    • Served as counsel for corporations involved in the remediation of soil and ground water contamination, including the selection of remedies in conjunction with other responsible parties and the New Jersey DEP.
  • Representative Air Quality


    • Represented a natural gas pipeline company in matters concerning the approval and permitting of a gas compressor station. Advised on third party objections and represented the pipeline company in air permit litigation before the Environmental Hearing Board (EHB)
    • Represented a styrofoam cup manufacturer in Lancaster County, PA in matters related to fugitive emissions aggregated with boiler emissions that would have put the facility into the major source category for VOCs
    • Represented the quarry operator located in central PA in fugitive emission matters.
    • Handled matter of a metal fabricating operation dealing with the aggregation of emissions from paint booths including whether they complied with best available technology requirements and whether emissions from two of the company’s plants should be aggregated for permitting purposes
    • Represented a leading manufacturer of rail, mining and transportation-related products in plan approval and permit issues involving New Source Review for a new production facility in Grove City, PA
    • Represented a stainless steel pipe manufacturer in Title V permit approval matters for a facility in Mercer County, PA.
    • Represented a manufacturer of carbon graphite in Title V permit approval matters for a plant near St. Mary’s in Elk County. PA.
    • Represented waste management company in obtaining a permit for a landfill gas project involving the aggregation issues in southwest PA for a landfill near Morgantown
    • Represented the operator of a large coal-fired generation facility in Indiana, PA in matters related to air permits and plan approval as well as repermitting issues and the refinancing of the facility.
  • Real Estate and Corporate Transactions


    • Represented a major financial institution in energy financing projects, including conducting due diligence regarding real estate, environmental and reclamation issues, and advising on related title issues.
    • Represented an industrial company regarding environmental issues associated with the acquisition of 11 industrial facilities through the United States.
    • Represented the lessee regarding regulatory, transactional and due diligence issues in a proposed lease of a landfill in Pennsylvania.
    • Represented an automobile parts manufacturer regarding environmental issues and permits associated with the acquisition of industrial facilities in Indiana and Ohio.
    • Represented the purchaser of a Gold LEED certified commercial building constructed on Brownfield property.
    • Represented an institute of higher learning with respect to its purchase of a former automotive assembly plant.
    • Represented the purchaser of golf and ski resort in New York with regard to environmental permitting and regulatory aspects of transaction.
    • Represented the seller of a Brownfield’s property on Neville Island in Allegheny County through negotiations with the DEP and the buyer, including working extensively with the client's engineers regarding the investigation of the site and the proposal of a remedial alternative.
  • Environmental Litigation


    • Represented a petroleum refiner in a potential class action regarding allegations of groundwater contamination from its facility and neighboring facilities.
    • Represented an oil distribution company in a multi-party Clean Water Act action involving alleged petroleum contamination of navigable waters.
    • Represented a global refiner and marketer of petroleum and gas station operators in UST and related environmental litigations.
    • Represented a global steel and mining company in state litigation with tenet involving lease obligations and issues relating to residual waste general permits and stormwater.
    • Represented a multi-national automobile manufacturer on a nationwide basis with respect to environmental issues associated with more than 80 rental car locations including underground storage tank management involving regulatory compliance; oversight of remedial activities and defense of property damage and third-party claims.
    • Represented 18 companies as common counsel in connection with a suit filed by USEPA seeking past costs relating to a Superfund site located in New Jersey, and in connection therewith, successfully utilized the applicable statute of limitations and petroleum exclusion to significantly reduce EPA's demand leading to a favorable resolution.
    • Represented more than 40 companies as common counsel with respect to USEPA's claim for past cost and performance of clean-up with respect to a Superfund site located in New Jersey and in connection therewith, successfully utilized the concept of divisibility of harm to significantly reduce the governments claim for past costs and to establish fixed limits of remediation.
    • Represented multiple clients with respect to resolution of state and federal claims for natural resource damages.
    • Defeated a million dollar trespass and property diminution claim, and further saved the municipal client approximately $400,000 in remediation costs related to an undisclosed landfill.
    • Successfully defended a third-party appeal of a Pennsylvania landfill permit regarding the siting of one of the first residual-waste landfills.
    • Defended a West Virginia landfill in a citizen suit brought against several landfills and the West Virginia DEP regarding the enforcement of amended solid waste statutes.
    • Defended a multi-national company in response to criminal enforcement proceedings by the Pennsylvania attorney general under the Pennsylvania Clean Streams Law.
    • Defended companies in criminal enforcement actions brought by the Pennsylvania Office of Attorney General under the hazardous waste provisions of the Pennsylvania Solid Waste Management Act.
    • On behalf of Quality Aggregates, defended a permit for a limestone quarry that citizens groups sought to overturn before the Pennsylvania Environmental Hearing Board.
    • On behalf of Waste Management of Illinois, successfully litigated and settled a 400 property toxic tort class action and third-party PRP claims involving alleged groundwater contamination, vapor intrusion and diminution in property value. In over four years of litigation in both Illinois federal and state courts, the class was never certified.
    • Represented one of the eight original defendant and third-party plaintiffs in an action brought under state and federal superfund laws for recovery of past and future response costs and a related CERCLA Section 106 order to undertake site remediation in Minnesota.
  • Oil and Gas Experience


    • Successfully represented a midstream natural gas company regarding permitting and land use issues associated with the construction of new pipelines and related compressor stations to serve Marcellus Shale gas wells.
    • Represented a large energy company in regulatory litigation regarding coal rights and conflicting oil and gas interests in a case of first impression before the Pennsylvania Environmental Hearing Board.
    • Represented water companies in environmental permitting and property acquisition matters in connection with Marcellus Shale gas development.
    • Represented oil company defendants in more than 100 litigated cases involving leaking underground storage tanks.
    • Acted as Pennsylvania counsel in venture capital acquisition of major Appalachian region midstream company.
    • Advised natural gas producers regarding Pennsylvania permit compliance issues.
    • Represented major international oil and gas company on acquisition of Pennsylvania natural gas company.