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Shawn N. Gallagher
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Shawn N. Gallagher

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Pittsburgh, PA
Philadelphia, PA
 
 

  • Representative Matters – Land Use, Zoning and Municipal-Related Experience

    • Representation of public utility company that provides services that enable telecommunications and broadband communication services via distributed antenna systems (“DAS”) with respect to local permitting of integrated networks in municipalities throughout Pennsylvania.
    • Representation of NFL and MLB franchises with regard to development matters and creation of urban entertainment district.
    • Representation of NFL franchise with respect to expansion of sports stadium and sponsor related signage.
    • Representation of a casino developer with zoning and other land-use issues associated with the development of the casino, including land use and permitting.
    • Represent major non-profit entity with regard to approvals for $40,000,000 expansion of science center facility.
    • Defend owner of civic arena in a hard fought two yearlong battle to demolish arena and oppose the nomination of same as a city designated historic structure.
    • Represent authority in appeal striking a number of onerous conditions that threatened the future development of the Civic Arena site and could have severely crippled the efforts to reconnect the Hill District and Uptown neighborhoods to Downtown. Sports & Exhibition Authority of Pittsburgh and Allegheny County v. City Pittsburgh Zoning Board of Adjustment, Allegheny County Docket No. S.A. 12-000637 (Pittsburgh Legal Journal, May 17, 2013).
    • Represent regional real estate developer in the development of pharmacies in zoning and various land-use matters in Pennsylvania.
    • Represent bank with regard to zoning, land development and local approvals for branch locations.
    • Represent retail pharmacy in exclusionary zoning challenge permitting development of retail pharmacy in single family residentially zoned district. Pennsylvania CVS Pharmacy, LLC v. Westmont Borough Zoning Hearing Board, Cambria County Court of Common Pleas, No. 2013-3606 (March 14, 2014).
    • Represent university in consultation process under Section 106 of the National Historic Preservation Act and Chapter 5 of Pennsylvania State History Code with regard to development of $75 million playhouse project.
    • Represent sports and exhibition authority in action seeking to enjoin owner of civic arena from demolishing the arena and otherwise proceeding with the redevelopment of 28-acre arena site. Preservation Pittsburgh v. Conturo et. al., 477 Fed.Appx. 918, 2012 WL 1450537 (3rd Cir. 2012).
    • Represent multinational corporation with respect to permitting of high wall business identification signage.
    • Represent client in litigation and land use appeals with respect to mixed use development and imposition of conditions related to offsite traffic improvements and open space requirements.
    • Successfully obtained deemed approvals for variances related to development of shopping center.
    • Instrumental in the creation of a mixed-use overlay district and redevelopment of 60 acre former steel plant site into mixed use riverfront development.
    • Represented wireless communications providers in zoning proceedings for development of various communications facilities.
    • Represented non-profit provider of residential care for persons with intellectual disabilities against a municipality with regard to zoning and building code permits and approvals for Intermediate Care Facilities for Individuals with Intellectual Disabilities.
    • General representation of the largest surface mining company in Pennsylvania with respect to zoning approvals for surface mines in Pennsylvania.
    • Represent mining company in obtaining approval to operate surface coal mine adjacent to state park.
    • Represent mining company in mandamus action compelling municipality to issue all necessary approvals and permits to conduct blasting activities in connection with the development of a surface mine. Amerikohl Mining Inc. v. Rostraver Township Zoning Hearing Board, Westmoreland County Court of Common Pleas, Docked No. 2882-2012 (August 30, 2012).
    • Represent mining company in appeal reversing denial of zoning approval for limestone quarry. Amerikohl Aggregates, Inc. v. Shenago Township, et.al., Lawrence County Court of Common Pleas, No. 70034 of 2016 (Sept. 12, 2016).
    • Represented wind power generation company with respect to blocking improper municipal legislation and obtaining necessary approvals for a wind farm in Somerset County.
    • Successfully challenged validity of zoning amendment rezoning property from manufacturing to residential as special legislation and illegal spot zoning.
    • Shawn has served as solicitor for several boroughs, townships, municipal authorities and zoning hearing boards and has been responsible for drafting hundreds of ordinances.
    • Represented ALCOSAN member municipalities in negotiation process with EPA, the Department of Environmental Protection and the Allegheny County Health Department to arrive at a municipal consensus consent order with regard to the region’s current sewage infrastructure problems.
    • Defended the Secretary of State for the Commonwealth of Pennsylvania through two successful summary judgment motions and a Pennsylvania Supreme Court argument and victory against a lawsuit challenging the process used to certify direct recording electronic voting systems for use in Pennsylvania. Banfield, et al. v. Cortes, Secretary of the Commonwealth, 110 A.3d 155 (Pa. 2015) and 51 A.3d 300 (Pa. Cmwlth. Ct. 2012).

    Representative Matters – Oil & Gas Related Experience

    • Act as Appalachian counsel for E&P company with respect to zoning and related approvals for hundreds of unconventional gas wells and related facilities and activities.
    • Act as Appalachian counsel for midstream companies with respect to zoning, land development, building code and other miscellaneous permits and approvals for natural gas gathering systems and midstream facilities.
    • Represented a midstream company with respect to all of the permits, approvals and clearances for the construction of a $150 million natural gas gathering system (33 ½ mile natural gas gathering pipeline, two compressor stations and two meter stations). The effort included addressing and managing significant political and public opposition and adjudicating challenges to the township’s exclusionary zoning ordinance.
    • Successfully represent E&P company in appeals of DEP well permits and ESCGP-2 permits before the Pennsylvania Environmental Hearing Board.
    • Representation of E&P company seeking declaratory and injunctive relief with respect to the application of grading and land development ordinances to oil and gas operations in the first-ever case invoking original jurisdiction of the Pennsylvania Commonwealth Court under legislation governing oil and gas development approvals.
    • Represented seismic operations company in actions utilizing the Pennsylvania Commonwealth Court’s original jurisdiction under Section 3306 of Act 13 of 2012, the Unconventional Gas Well Impact Fee. Obtained first reported decision under Act 13 and multiple orders for injunctive relief from municipal regulations. Seitel Data, Ltd. v. Center Twp., et al., 92 A.3d 851 (Pa. Cmwlth. 2014).
    • Represented E&P company in Environmental Rights Amendment challenge to zoning ordinance and injunction proceedings to stop drilling operations.
    • Represented midstream company in mandamus litigation to compel the issuance of approvals related to the construction of compressor station facility. Mountain Gathering, LLC v. South Buffalo Township, et.al., Armstrong County, No. 2014-0442 (June 17, 2014).
    • Represented E&P company in mandamus litigation to compel the issuance of approvals for oil and gas well sites and a water tank storage facility. Range Resources-Appalachia, LLC v. Robinson Township, et.al., Washington County Docket No. 2013-451 (May 12, 2014).
    • Represented independent power company in obtaining land use approvals for $300 million natural gas-fired, combined cycle, electric generating facility.
    • Performed environmental permitting and local governmental approval due diligence for the construction and financing of an $863 Million, 1,000 megawatt natural gas-fired power plant in Lawrence County, PA.
    • Represented compressed natural gas company with regard to curative amendment to allow for development of compressed natural gas facility and obtained all necessary approvals for the first-of-its-kind compressed natural gas trucking terminal in Pennsylvania
    • Represented operator in appeal striking conditions to zoning approval imposing operational requirements on drilling operations. Coal Gas Recovery, L.P. v. Franklin Twp. Zoning Hearing Bd., 944 A.2d 832 (Pa. Cmwlth. 2008).
    • Counsel of record in landmark Pennsylvania Supreme Court decision that defined the extent of local regulation over oil and gas operations.
    • Represented midstream company in validity challenge to a subdivision and land development ordinance with respect to the regulation of gathering pipelines. Laurel Mountain Midstream Operating LLC v. Robinson Township, et. al v., Washington County Court of Common Pleas, Docket No. 2011-3662.
    • Represented midstream company in enforcement proceedings with respect to existing dew point control facilities, pipeline appurtenances and interconnect facilities.
    • Defended a midstream company in injunction action in which municipality alleged the installation of a compressor engine and a slope stabilization project violated certain zoning conditions and various ordinance requirements.
    • Represented natural gas operators in obtaining all required zoning, subdivision and land development approvals, and occupancy permits for a natural gas processing facility.
    • Represented midstream and E&P companies in enforcement proceedings with respect to existing compressor facilities, pipeline appurtenances and interconnect facilities, and the continued operation of water impoundments.
    • Defended seismic operations company in injunction action in which municipal water authorities alleged that seismic operations caused damage to sewage and water infrastructure.
    • Represented an E&P company in exclusionary zoning challenge to oil and gas well zoning amendment. Rice Energy, LP v. North Bethlehem Township and North Bethlehem Township Board of Supervisors, Washington County Court of Common Pleas, Docked No. 2011-2103.
    • Represented certificated pipeline company with regard to imposition of exorbitant building permit fees.
    • Represented E&P and midstream companies with respect to the imposition of exorbitant permitting fees.
    • Represent E&P company in validity challenge to oil and gas registration fee.
    • Represent E&P company with regard to declaratory and injunctive relief related to force majeure events that prevented drilling within the primary lease term
    • Represented Federal Energy Regulatory Commission regulated company with regard to the approval of compressor station and imposition of excessive fees.