Civil and Criminal Enforcement Defense

  • Provided a national glass and plastic container manufacturer with a RCRA-compliance strategy to avoid RCRA violations in connection with the reuse of materials previously characterized as a hazardous waste in a closed-loop recycling system
  • For multiple clients in Pennsylvania and in other jurisdictions such as California and New Jersey, provided legal support in a number of multi-million dollar RCRA-mandated corrective action cleanups during closure of manufacturing enterprises and their corrective action units
  • Successfully defended manufacturing client against two separate United States-led criminal and civil enforcement actions alleging multiple violations of RCRA hazardous waste storage and disposal laws and regulations, and United States Department of Transportation hazardous waste shipping, labeling and packaging regulations. Negotiated terms of guilty plea and civil consent order that brought the client’s hazardous waste management practices back into compliance
  • Defended a global packaging company against natural resource damage claims at multiple New Jersey locations brought by the New Jersey Department of Environmental Protection
  • 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
  • Defended against a citizen suit alleging that the recycling project on alleged public-trust property constituted impermissible public-trust use
  • Successfully represented an international aviation company in avoiding significant penalties associated with its past hazardous waste disposal practices
  • Successfully resolved notices of violations issued to an Arizona biomass facility for alleged air quality permit violations
  • Successfully defended clients' hazardous waste and water quality permits in challenges by environmental groups before administrative tribunals and appellate courts
  • Successfully negotiated compliance orders, consent judgments, and decrees with state and federal environmental agencies on behalf of industrial clients
  • Successfully settled notices of violations for alleged air quality violations by a national home builder
  • Represented a hazardous waste storage facility in connection with an order revoking the company's hazardous waste permit for alleged statutory and regulatory violations

Superfund/ Clean-up Litigation

  • Represents a property owner in environmental litigation against a manufacturing tenant that caused substantial contamination of property near Reno, Nevada
  • Serves as lead counsel for an Arizona utility in the defense of a $40 million federal Superfund claim for alleged groundwater contamination in metropolitan Phoenix
  • Represented a pre-school in claims associated with the presence of environmental contaminants
  • Successfully defended a national nursery chain against federal Superfund claims associated with contaminated property located in Northern California
  • Successfully resolved two separate administrative proceedings initiated by the Arizona Department of Environmental Quality against a Utah-based convenience store chain concerning remediation of leaking underground storage tanks
  • Won a full defense verdict for a major petroleum products distributor following a three-week jury trial in Arizona state court where the plaintiff was asking for $14 million in damages in connection with the alleged migration of petroleum hydrocarbons
  • Successfully represented an international mining client in several mediations concerning allocation of liability to resolve federal Superfund claims
  • Initiated and won a case against a client's tenant for causing significant environmental contamination of the client's property
  • Successfully settled a multimillion-dollar Oil Pollution Act and natural resource damage claim asserted by the Department of Interior against a national petroleum distributor
  • Represented clients in federal Superfund litigation matters in Arizona, California, Oregon, Missouri, New York, New Jersey, and Pennsylvania
  • Successfully represented a regional pool company in obtaining "no further action" letter from the Arizona Department of Environmental Quality in connection with the cleanup of former leaking underground storage tank site

Oil, Gas, and Mineral Regulation

  • Represented the United States Bankruptcy Trustee in administering the upkeep and operation of the nation's largest rare earth mineral mine, the former Molycorp Minerals, LLC property in Mountain Pass, CA
  • Represented a New Mexico-based investor in effort to purchase out of Chapter 11 proceedings bankruptcy more than 250,000 net mineral acres of San Juan formation and other deep oil and gas rights in New Mexico and in Colorado.
  • Represented a Colorado-based investor in effort to purchase out of Chapter 11 proceedings 25,000 net mineral acres of Marcellus, Utica, and other deep oil and gas rights in Eastern Ohio and Western Pennsylvania.
  • Following successful acquisition, assisted client in restart of operations and satisfaction of investors’ concerns and interests.
  • Obtained summary judgment in favor of estate administered by a Fortune 500 Bank quieting title to 700 net oil, gas, and mineral acres in Westmoreland County, Pennsylvania, in a dispute between beneficiaries of an estate. Later on behalf of the winning beneficiaries fought off another challenge to title brought by a neighboring landowner.
  • Represent a mid-market exploration and production company headquartered in Texas in connection with a title dispute of Marcellus and Utica Shale interests in Clarion County, Pennsylvania.
  • Represent 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
  • Environmental Counsel to developer of centralized oil and gas waste water treatment centers in Pennsylvania
  • 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 a Colorado-based investor in acquisition of coal bed methane project in Clearfield County, Pennsylvania

Regulatory Compliance Counseling

  • Provide counseling to a University seeking a determination that its plan for neutralization of hazardous waste prior to shipment would not require an individual RCRA hazardous waste treatment permit
  • Serve as Environmental Counsel in support of a Pennsylvania university’s modification of its program under RCRA to collect, store and arrange for disposal of its hazardous waste
  • Prepared detailed comments on proposed water quality permit associated with a Mesa, Arizona, facility
  • Assisted an international aviation company in establishing an environmental compliance program

Major Project Permitting

  • As permitting counsel for Action Manufacturing Co., Inc., assisted the client in obtaining the first hazardous waste treatment, storage and disposal (TSD) facility permit issued in Pennsylvania under Subpart X of the Resource Conservation and Recovery Act (RCRA) permitting provisions (pertaining to heat treatment of hazardous wastes). In 2019, obtained a permit modification under RCRA allowing the client’s TSD facility to accept for treatment in the facility hazardous waste generated at the client’s other facilities
  • Successfully assisted an Eastern Arizona biomass facility in connection with renewal of its Class I air quality permit
  • Assisted a Nevada company in effectuating environmental permit transfers in connection with the sale of the company
  • Counseled a client in permitting issues associated with development of a potash mine in Utah
  • Assisted a national home builder in obtaining water quality permit and case closure for alleged discharge violations
  • Successfully represented a regional petroleum products distributor in obtaining renewal of air quality permit
  • Assisted wind-powered electric generating facility with securing permit to construct under Nevada Utility Environmental Protection Act

Transactional Due Diligence, Risk Assessment, and Brownfield Redevelopment

  • Represent a major oil and gas exploration, production and refining company in connection with the redevelopment of a former refining site in New York
  • 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
  • Served 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 (including with respect to store developments on former refinery, Superfunds and automobile manufacturing sites)
  • 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
  • Serve as Environmental Counsel to a number of low and middle-income housing developers engaged in building residential developments in urban infill areas
  • Assisted an international aggregate company in performing environmental due diligence, including permit transfers, in connection with its purchase of 22 facilities in the Midwest and Southeast United States
  • Represented lender in foreclosing on contaminated parcel in Las Vegas
  • Assisted a major distributor of electronic components in performing environmental due diligence in connection with its purchase of electronic recycling facilities in Texas, Ohio, and Georgia
  • Provided environmental counsel to a major bond underwriting company on environmental risks and liabilities associated with underwriting bonds for Arizona charter school
  • Assisted an international energy company in analyzing environmental risks associated with its purchase of oil and gas facilities in Texas and Louisiana
  • Routinely assists a national automobile dealership in performing environmental due diligence in connection with its purchase and sale of dealership facilities
  • Performed environmental due diligence and led team effectuating permit transfers in connection with the purchase of a mine in Southeastern Utah
  • Assisted a major East Coast utility in performing environmental due diligence associated with its purchase of interests in Arizona and California solar facilities
  • Assisted a national solid waste collection company in performing environmental due diligence associated with its acquisitions and divestitures nationwide
  • Performed environmental due diligence for a private equity firm in connection with its purchase of a biomass facility in Arizona
  • Drafted and negotiated the environmental provisions of a purchase and sale agreement in a $312 million Arizona real estate deal on behalf of a national home builder
  • Provided environmental counsel and drafted and negotiated environmental provisions of sale or lease agreements on behalf of an international mining client in more than 50 real estate deals
  • Negotiated numerous environmental insurance policies for clients, including a $50 million cost cap and pollution legal liability policy