Environmental Litigation

The firm routinely handles litigation of agency orders, Penalty Assessments, and Permits, as well as injunction cases and cases for money damages in state or federal courts. Cases we recently handled include:

Air & Water Permit Appeals - Appeals of permits to construct and operate, usually in the Pennsylvania Environmental Hearing Board.

Asbestos NESHAPS -

• Obtained injunction against state agency that stopped a construction project due to alleged asbestos contamination that did not exceed state standards. Environmental Hearing Board.
• Reduced penalty to 20% of federal agency's claim after trial. US EPA, Region III Appeal.
• Negotiated settlements with OH EPA.
• Negotiated settlements with US EPA Region V after suit in the U.S. District Court of Ohio.

Eminent Domain - Litigating temporary taking of mineral property due to illegal government agency action. Pennsylvania Environmental Hearing Board.

Mining Permit Appeals - Obtained Writ of Mandamus commanding agency to review a permit application and an award of attorney's fees from the agency for bad faith refusal to process a permit application. State regulations were changed after this case. Pennsylvania Commonwealth Court

Recovery of Cleanup Costs and Underground Storage Tanks - Recovery of costs of cleaning up tank contamination from oil companies, former owners, fuel suppliers, and the Pennsylvania Tank Insurance Fund. Court of Common Pleas in Allegheny, Beaver, Cambria, Washington, and Westmoreland Counties. Practice before the Pennsylvania Insurance Department.

Superfund Matters - Counsel for individuals and companies sued for cleanup costs under federal or state "Superfund" laws in at least 20 cases. We have litigated Superfund cases in the states of Pennsylvania, New York, New Jersey, Ohio, West Virginia & Michigan.