Cases
Representative Matters: On behalf of the corporate owner of a $200,000,000 waste to energy facility obtained a ruling from a state environmental hearing board following 17 days of hearings upholding the air
solid waste permits for the facility. The board's adjudication included over 375 findings of fact
a determination that the air emissions control technology for the facility constituted BAT under the Pennsylvania Air Pollution Control Act.
On behalf of a regional steel recycler successfully negotiated the settlement of the recycler's appeal of its air permit to a state environmental hearing board. The permit authorized the recycler to undertake a multi-million dollar modernization of its melt shop including the installation of a new state of the art electric arc furnace, the withdrawal of two existing electric arc furnaces
the installation of a ladle metallurgical facility. The settlement included, among other things, an agreement on a workable protocol for determining compliance with a permit condition requiring the steel recycler to maintain negative pressure in its melt shop, a large sheet metal building more than 100 years old.
On behalf of a nationally prominent Pittsburgh university obtained a dismissal of a cost recovery action brought under a state's hazardous sites cleanup law by the state's environmental protection agency alleging that the predecessor of the university arranged for the disposal of hazardous substances at the disposal site involved. The Court's ruling confirmed the somewhat unique
little known requirement of Pennsylvania law that prior to pursuing cost recovery actions against alleged generators of hazardous substances, the State must first pursue all remedies available against the site owner
operator. (Under the Comprehensive Environmental Response Compensation
Liability Act ( CERCLA or Superfund ) EPA is not required to pursue the site owner
operator first but can sue the site owner
operator
generators concurrently.) Also obtained the dismissal of a subsequently filed state cost recovery action under CERCLA seeking recovery of the same costs the state sought recovery of under the state dismissed action, on the ground that the action was barred by the statute of limitations.
Obtained on behalf of a multi-national chemical resin producer reversal of a local air pollution control agency's order to the multi-national directing the multi-national to aggregate its air emissions with those of an adjacent but separately owned
operated chemical resin producer's air emissions for permitting purposes under the Clean Air Act. The reversal staved off a dramatic increase in the multi-national's permitting burden
compliance costs.
Obtained on behalf of a national petroleum company a broad ranging no further action letter as a result of negotiations with the state concerning the national petroleum company's investigation
remediation of petroleum contamination (including through natural attenuation) at a bulk petroleum storage
dispensing facility owned or operated by the national petroleum company's predecessors or consignees for more than 50 years.
Obtained on behalf of a regional airport authority a significant reduction in a civil penalty that EPA sought under the Clean Air Act against the Authority for allegedly violating the asbestos NESHAP by authorizing demolition work prior to the removal of asbestos.
Led a team of technical experts
other attorneys in preparing the comments of a major Pennsylvania independent oil
gas trade associations to: EPA's New Source Performance St
ards ( NSPS ) applicable to the Oil
Gas Sector
PaDEP's Technical Guidance concerning single stationary source determinations
PaDEP's General Air Permit No. 5 ( GP-5 )
PaDEP's Permit Exemption No. 38.
Successfully settled on behalf of an affiliate of a national solid waste disposal company its appeal to a court of common pleas of a county tax assessor's opinion as to value of the l
fill property, based upon a demonstration to the taxing authorities using the discounted cash flow method that the l
fill's market value was orders of magnitude below the county assessment.
Secured on behalf of an affiliate of a multi-national construction aggregates firm, after five full days of hearings, the dismissal of a petition filed by a rival construction aggregates firm seeking the vacation of a township road which was to serve as the exclusive means of access of the affiliate to a proposed lime stone quarry.
Successfully settled a local l
fill operator's appeal to a township zoning hearing board of a township zoning officer's issuance of a notice of violation to the l
fill operator alleging that it was in violation of township's zoning ordinances as a result of constructing
operating a l
fill expansion without first having obtained a zoning permit from the township. The successful resolution was based in part upon a demonstration that the l
fill expansion was the natural expansion of a pre-existing nonconforming use.
Obtained on behalf of a regional public drinking water supplier a modification of an adjacent hazardous waste treatment storage
disposal facility's ( TSD ) air permit requiring the TSD facility to provide enhanced notification to the drinking water supplier in the event of an emergency
a monetary settlement of the drinking water supplier's appeal of the air permit to a local air pollution control agency
also obtained a modification to the TSD facility's RCRA Permit favorable to the drinking water supplier.
