Defense of Client in Contested Sentencing Proceeding
Successfully defended the president of an engineering consulting firm and his company in a contested sentencing proceeding in a criminal environmental case in the Middle District of Pennsylvania. The U.S. Environmental Protection Agency sought substantial jail time plus fines and restitution in a Clean Water Act prosecution. The Court accepted defense arguments and sentenced the client to time served with a three-year period of probation and no fine or restitution. The company received a five-year probationary term and a $10,000 fine, a fraction of the amount sought, and no restitution.
Judgment on Appeal Affirmed by U.S. Supreme Court
The U.S. Supreme Court affirmed a decision by the U.S. Court of Appeals for the Third Circuit in favor of the owners of a tanker vessel involved in a major oil spill in the Port of Philadelphia. In a 7-2 majority decision, the Supreme Court upheld a $143 million damage award (primarily oil spill cleanup costs) to the vessel owner interests against the defendant petroleum terminal. $88 million of the award was allocated to the United States, which had earlier reimbursed the vessel owner interests that amount under provisions of the Oil Pollution Act of 1990.
Secured $143 Million Judgment in Casualty Case Involving Oil Spill
Tried and secured a $143 million judgment in a vessel casualty case involving a major oil spill in the Delaware River. The judgment was affirmed by the U.S. Court of Appeals for the Third Circuit; certiorari was granted and the case was argued before the U.S. Supreme Court in November 2019.
Representation of Major Manufacturer in Clear Air Act, Waste Management Matters
Representation of a major cement manufacturer in complex Clean Air Act and waste management matters (Title V, PC-MACT and NSR/PSD) and response to Section 114 information requests.
Representation of Quarry in Complex Permitting, Groundwater Matters
Represents quarry operations in permitting and groundwater withdrawal matters, including issues of complex sinkhole hydrology.
Representation of Public Water Suppliers in High-Profile Groundwater Contamination Cases
Represents public water suppliers in high-profile groundwater contamination cases involving so-called emerging contaminants (PFOS, PFOA and 1,4 dioxane), often associated with military air bases. Secured millions of dollars for water treatment systems on numerous public supply wells and for private water supply replacement.