Cases
Representative Matters: Environmental Law: Counsel to the owner/operator of the Ambassador Bridge between Detroit
Ontario, in connection with enforcement by the State of Michigan with gasoline vapor pressure regulations, in an action against Michigan in which Ammex is seeking declaratory
injunctive relief.
Counsel to natural gas operator in connection with a variety of Marcellus Shale permitting
enforcement issues in Pennsylvania.
Lead counsel to major national manufacturer of exp
able polystyrene (EPS) food
drink containers in multi-jurisdiction (Arizona
California), precedent-setting Title V dispute related to the ability of EPA
state
local permitting authorities to categorize off-gas emissions from warehoused EPS finished products as non-fugitive in nature
therefore subject to Title V permit requirements
retroactive imposition of NSR requirements.
Lead counsel for major electric utility in Puerto Rico federal court proceeding involving a frontal challenge to the reference method utilized by EPA
all other air regulatory agencies to determine the opacity of air emissions - EPA Method 9. This multi-year, complex proceeding resolved favorably with a settlement affording the client extended flexibility in fuel selection.
Counsel to national analytical laboratory company in all aspects of the aftermath of a hazardous compressed gas cylinder explosion at the client's facility in New Jersey. The explosion resulted in multiple deaths, personal injuries, releases of hazardous gases from other hazardous compressed gas cylinders, a fire, site contamination from chemical releases exacerbated by fire water run-off, an area-wide evacuation, a class action by evacuees, personal injury, property damage
business interruption claims
litigation, insurance claims
coverage issues, a criminal investigation,
an OSHA proceeding. The representation also included an internal investigation on behalf of the client's board of directors, management of press coverage,
interaction with senior EPA Region II
NJDEP management. The criminal investigation ended without charges,
the civil proceedings were all favorably resolved.
Represented developer of major industrial brownfield sites in connection with pre-acquisition due diligence, risk allocation,
environmental insurance procurement,
in regard to pre-
post-acquisition voluntary
involuntary (e.g., ISRA) site investigation
remediation, disclosure obligations, PCB Mega Rule compliance issues, UST closure requirements,
stormwater discharge issues.
Counsel to developer client regarding groundwater withdrawal, allocation
permitting issues.
Multi-year management of post-divestiture environmental liabilities
indemnification obligations of the seller of a regional network of over 100 service station/convenience stores
ten gasoline
heating oil terminals
responsibilities include managing voluntary cleanups of contaminated bulk
retail store sites, defending penalty claims
proceedings, resolving disputes with indemnitees, negotiating access agreements, deed restrictions
property damage claims with neighboring property owners, resolving municipal wellhead protection issues, pursuing claims against other responsible parties, seeking reimbursement from available state funds,
pursuing
negotiating with insurers.
Representation of purchaser of commodity chemical manufacturing plants in Texas
Canada in transaction necessitating accelerated Phase I
II site
regulatory compliance assessments, negotiation of risk allocation, reporting of findings to applicable authorities, post-acquisition prosecution of indemnification claims,
ongoing oversight of the purchaser's groundwater monitoring program.
Representation of international heavy construction equipment manufacturer in time-sensitive acquisition of entire east coast network of distributor sales/service locations. Subsequent negotiation of environmental provisions of acquisition documents, arrangement for transfer of existing permits
authorizations, counsel in obtaining missing permits
authorizations,
guidance of post-acquisition measures necessary to bring non-compliant facilities into compliance with applicable requirements (e.g., SPCC Plans, stormwater BMPs, UST upgrades).
Representation of the largest volumetric contributor to major Pennsylvania CERCLA NPL site in multiple cancer death
illness cases brought by firefighters, policemen
other individuals allegedly exposed through inhalation to carcinogens during emergency response to a massive site fire. Claims were settled on terms the client found favorable following successful motion practice resulting in an order requiring plaintiffs to establish a prima facie case on causation prior to discovery.
Defense
resolution of aerospace industry manufacturer in multiple personal injury
property damage claims arising out of TCE ground water contamination at captive NPL site in Pennsylvania.
Successful representation of manufacturing client in challenges to proposed RACT regulations which would have reduced allowable VOC emissions to levels which were not achievable given the company's manufacturing processes (Arizona
California).
Defense
negotiation of non-admission settlement of alleged Title V permit violations relating to minimum temperature
monitoring requirements (New Jersey).
Counsel to leading builder of steel bridges spanning interstate highways
major water bodies in defense of alleged NSR violations associated with bridge painting operations,
in regard to Title V
synthetic minor permitting in Pennsylvania.
Counsel to manufacturer of dietary supplements in successful avoidance of regulation
potential enforcement under the Pharmaceutical MACT st
ard in connection with the client's Missouri manufacturing facility.
Counsel to manufacturer of plastic films in successful avoidance of sanctions associated with alleged failure to obtain a synthetic minor air permit for emissions from printing
coating operations in Illinois,
successful recovery of defense costs under indemnification agreement with a third-party.
Representation of Pennsylvania utility in multiple civil penalty matters arising out of alleged non-compliance with CEMS
data availability regulatory requirements.
Lead counsel in bet the company litigation for a leading national UST tank tightness testing company. Successful avoidance of criminal prosecution
successful reinstatement of license.
Common litigation counsel to multiple Superfund PRP groups. Successes include recovery of majority share ($10+ million) from foreign affiliate of NPL site owner/operator.
Representation of buyers, sellers, lenders,
investors in more than 200 transactions involving environmental due diligence, assessment
allocation of risk,
structure
guidance of site investigation
remediation programs.
Insurance: Defended the Pennsylvania Compensation Rating Bureau in an administrative hearing challenging its entire classification ratemaking methodology.
Represented the Delaware Compensation Rating Bureau in an appeal to the Delaware Court of Chancery from a Delaware Insurance Department order requiring retroactive premium refunds.
Represented the Pennsylvania Compensation Rating Bureau in more than two dozen formal classification appeal proceedings, including appeals to the Pennsylvania Commonwealth Court.
