Harry Weiss

Litigation, Climate Change and Sustainability, Energy and Project Finance, Environment and Natural Resources, Higher Education, Zoning and Land Use

Harry Weiss concentrates his practice on environmental litigation in state and federal courts, and before regulatory agencies such as the Pennsylvania Department of Environmental Protection and Public Utility Commission. Most recently, he has served as counsel for the Philadelphia Regional Port Authority in the Delaware River Main Channel Deepening dispute.

Mr. Weiss also works closely with the firm's project finance, development, and land-use practices and, as a result, has become active in the oil and gas leasing bar, in connection with the Marcellus and Utica Shale development in Pennsylvania.

In 2011, Maryland Governor Martin O'Malley appointed Mr. Weiss to a 13-member advisory panel that will study natural gas drilling in the Marcellus Shale in Western Maryland, issuing a final report in 2014.

Before entering law school, Mr. Weiss was general manager of Lakewood Oil Company, Inc., in Honesdale, Pennsylvania.

Representative Shale Gas Experience

• Served as environmental counsel to 600 landowners in connection with the lease of approximately 80,000 net oil and gas acres; environmental and surface use provisions of that lease have been adopted by a number of other large landowner groups in Pennsylvania and New York
• Advocated for an oil and gas company at both the state and federal levels during regulatory and policy debates on impact of shale gas exploration on ground water supplies
• Represents a number of financial institutions concerning the impact of shale gas plays on bank business, such as lending to local and regional businesses supporting the energy boom, and mortgaging commercial and residential properties that may see natural gas development
• Represents the owner of approximately 10,000 net oil and gas acres in north central Pennsylvania in lease negotiations with a number of exploration companies
• Represents the executor of an estate with respect to which heirs currently contest ownership of oil and gas interests in Pennsylvania
• Represents national retailers in the leasing of their oil and gas rights underlying stores in Pennsylvania, Ohio, and Texas
• Represents a national waste management company seeking to lease shale gas interests underlying landfill in Pennsylvania
• Consulting with a large northern Pennsylvania community organization addressing environmental, social, and economic impacts to rural Pennsylvania
• Represents a client exploring development of a project to create markets for compressed natural gas obtained from wells "shut in" because of the lack of pipeline infrastructure in some areas of Pennsylvania

Representative Litigation Experience

• Defending the Philadelphia Regional Port Authority in litigation brought by New Jersey, Delaware, and several environmental advocacy groups attempting to sidetrack the United States' $300 million plan to deepen the Main Shipping Channel in the Delaware River
• Defending a Montgomery County, Pennsylvania, school district against allegations that storm water discharges during construction of its new high school damaged neighboring properties
• Representing a hydroelectric generating company seeking to abandon its Certificate of Public Convenience over the objections of Amtrak in proceedings before the Pennsylvania Public Utility Commission
• Defended a global packaging company against natural resource damage claims at multiple New Jersey locations brought by the New Jersey Department of Environmental Protection
• Represented the Borough of Stone Harbor, New Jersey, in litigation against the United States under the Endangered Species Act
• Defended a retail development client in New Jersey against a citizen suit alleging multiple violations of construction storm water control requirements and related state and federal law
• Served as co-counsel in multijurisdictional (Connecticut Federal Court and New York and Florida State Courts) fraud and breach of contract lawsuit arising out of the transfer of all of the assets of an aircraft parts fabricator
• Defended the P.H. Glatfelter Co. in Wisconsin in a citizen suit alleging that the recycling project on alleged public-trust property constituted impermissible public-trust use

Representative Development Projects

• Served as Environmental Counsel to operator of gas pipeline in Northwest Pennsylvania during its acquisition of additional pipeline assets in the Commonwealth
• Served as Environmental Counsel to the Philadelphia Phillies during the ball club's development of its state-of-the-art ballpark on former industrial property
• Serves as Environmental Counsel to a national retailer developing stores in New Jersey and Pennsylvania; advised client on environmental due diligence during property acquisition phase, and on brownfield site development issues
• Served as Environmental Counsel to developer of build-to-suit big-box warehouse complexes (in excess of one million square feet) on brownfield and other contaminated sites
• Serves as Environmental Counsel to two Hope VI developers engaged in building residential developments in urban infill areas

Speaking Engagements

Frequent speaker and writer on brownfield redevelopment. Recent engagements include:

"Is Fracking in Maryland's Future?" Climate Change Initiative of Howard County and Chesapeake Climate Action Network, January 31, 2012

"The Fracking and the Fury," 15th Annual PBI Real Estate Institute, December 8, 2011

Moderator, "Regulatory Issues Affecting Marcellus Infrastructure Development," Infocast Marcellus Infrastructure Summit 2011 Panel, October 4, 2011

"Environmental Issues in Pennsylvania Arising from Shale Gas Development," presentation to Meeting of 10,000 Friends of Pennsylvania, September 8, 2011

Marcellus Shale Coalition remarks and introduction of Governor Edward G. Rendell, September 7, 2011

"Pennsylvania Marcellus Shale Advisory Commission Report Release," Pennsylvania Environmental Council, September 1, 2011

"The Marcellus Shale: What it Means for Maryland," Maryland Attorney General's office, May 12, 2011

"History and Scope of Marcellus Shale Formation" and "Economic Impact and Legal Considerations of Shale Gas Exploration," Federal Home Loan Bank Seminars in Pittsburgh, May 2011; Phillipsburg, Pa., April 2011; and, Scranton, March 2011 

"The Impact of Shale Gas Development on Pennsylvania," Pennsylvania Bankers Association regional meetings, Lancaster, Scranton, Indiana, Johnstown, Eagles Mere, and Malvern, Pa., 2010

"Drilling in the Marcellus Shale: Leasing, Land Use & Environmental Issues," 14th Annual PBI Real Estate Institute, December 2010

"The Marcellus Shale: What It Means For Pennsylvania," Ballard Spahr seminar, November 2010

"Regulators, Environmental Advocates, and Filmmakers," Argus Marcellus Shale Gas Summit, Houston, October 2010

"Preparing for the Turnaround: Preserving Land-Use Entitlements in a Challenging Market," Ballard Spahr seminar, June 16, 2010

"Impact of Shale Gas Development on Pennsylvania," Pennsylvania Bankers Association regional meetings, 2010

Professional Activities

American Bar Association
Public-Interest Vice Chair, Section of Energy and Environmental Resources, Permanent Committee on Environmental Transactions and Brownfields
Past National Co-Chair, Section's one-million trees initiative

Natural Lands Trust, Advisory Committee

Schuylkill Center for Environmental Education, Advisory Committee

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, environmental law, 2008-2011

Publications

Co-author, "The Future of Oil, Gas Drilling in the Delaware River Basin," BNA's Daily Report for Executives, January 23, 2012

"The Marcellus Shale and Mortgage Banking: Spotting the Issues," PFI Insider: The Quarterly Newsletter for FHLBank Pittsburgh, 2nd Quarter 2011

Author, chapter on brownfield redevelopment in Pennsylvania for the Pennsylvania Chamber of Business and Industry's Environmental Handbook

Board Memberships

Schuylkill Center for Environmental Education, past Chair, Board of Trustees; Center is Philadelphia-based and considered the nation's leading urban environmental education center

Temple University James E. Beasley School of Law (J.D. 1990, with honors)

Pennsylvania State University (B.A. 1984, with honors)

New Jersey

Pennsylvania