Bar & Court Admissions

  • Pennsylvania
  • New Jersey
  • U.S. Supreme Court
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court of the Eastern District of Pennsylvania

Education

University of Pennsylvania Law School, J.D., summa cum laude, 1992

  • Highest achievement in appellate argument competition
  • The Frank H. Gelman Prize for excellence in the subjects of real property and real estate transactions
  • The Peter McCall Prize for the highest grades in his class over all three years
  • Member, Order of the Coif

New York University (Polytechnic University), M.S.C.E., (concentration in environmental engineering), 1989

Swarthmore College, B.S., (environmental engineering and chemistry), 1985

Licensed professional engineer, Pennsylvania

Licensed professional engineer, New York

National Society of Professional Engineers

Pennsylvania Society of Professional Engineers

Pennsylvania Bar Association

  • Environmental, Mineral, and Natural Resources Law Section

Drexel University Thomas R. Kline School of Law

  • Adjunct professor

MyFreeTutor.org volunteer tutor for 9th grade algebra students (2013)

Profile
Professional Highlights
Pressroom
Publications

Bart relies on his legal, engineering and business experience to assist a diverse collection of clients in identifying practical and business-oriented solutions to environmental challenges.  Bart’s undergraduate and graduate education in engineering and practical experience as a licensed Professional Engineer have proven invaluable in assisting clients in evaluating federal and state environmental regulatory standards to complex industrial operations, and assisting in identifying alternative compliance scenarios.  His experience as an in-house corporate environmental, health and safety analyst also affords Bart an appreciation of the practical and business-oriented considerations critical to strategic planning. 

Bart leads the firm’s air quality/complex industry regulatory practice group.  Although his client-base is diverse, Bart primarily focuses on complex regulated industries, notably including the electric generating, petroleum refining, chemical processing, metal manufacturing and waste management industries.  He has provided local, regional and national support to his clients, particularly in the complicated realm of air quality compliance.  Bart has represented industry in defending numerous agency enforcement actions, including before judicial and administrative tribunals and in negotiating consent decrees and administrative consent orders.  These negotiations have culminated in a number of consent decrees in the context of EPA’s national enforcement initiatives, including under the New Source Review (NSR), hazardous air pollutant/MACT, and leak detection and repair (LDAR) programs. 

Bart’s comprehensive practice includes assisting clients in analyzing regulatory issues, designing permit strategies, securing necessary administrative authorizations and pursuing administrative appeals of agency action.  He has extensive experience in challenging EPA regulations before the D.C. Circuit Court of Appeals, and has defended clients against third party permit appeals and environmental citizen suits. 

Bart has also served as primary environmental counsel on many transactions involving the transfer of complex industrial operations, including petroleum refineries, chemical plants and varied manufacturing industries.  His technical knowledge and background has also proved valuable in assisting clients with questions arising under federal risk management planning (RMP) and process safety management (PSM) programs, as well as in responding to industrial accidents and environmental releases. 

In his free time, Bart is an avid outdoorsman and greatly enjoys kayaking and hiking with his wife of more than 25 years and their two sons.  Bart also spends time teaching and coaching.

Bart's representations extend from private individuals through major international corporations, relating to regulatory compliance counseling, environmental litigation, and complex transactions including the following matters:

  • negotiating a major federal consent decree, with a value of approximately three quarters of a billion dollars, in the context of the U.S. Environmental Protection Agency ("EPA") national petroleum refinery enforcement initiative;
  • defending electric generating units in response to state and federal enforcement actions concerning compliance with air quality regulatory requirements;
  • negotiating terms of wastewater discharge permit requirements for chemical and industrial manufacturing facilities, as well as consent agreements reflecting schedules to achieve compliance with relevant issues;
  • appealing numerous air quality, water quality, and solid waste permits in response to objectionable conditions, lack of operational flexibility, and onerous or inapplicable compliance obligations;
  • defending environmental permits against third party challenges, including defending a major international municipal waste management company in response to third party citizen suit and permit challenges;
  • drafting and negotiating environmental agreements for the purchase and sale of complex industrial facilities, including petroleum refineries, chemical plants, and metals processing facilities;
  • providing immediate counseling to industrial facilities in response to emergency incidents resulting from the release of regulated constituents to the environment, including coordinating response actions, responding to governmental inquiries, and addressing requests from the media;
  • challenging EPA actions before the Federal Circuit Courts of Appeal, including EPA applicability determinations regarding regulatory standards and promulgation of major EPA regulatory programs such as the Clean Air Interstate Rule ("CAIR") and the Clean Air Mercury Rule ("CAMR");
  • drafting and coordinating comments concerning both federal and state major rulemaking initiatives on behalf of interested parties; and
  • addressing environmental contamination of soils, surface water, and groundwater, including overseeing consultant work relative to regulatory standards, pursuing indemnity/contribution from relevant parties, and achieving satisfaction of alterative attainment standards in the most cost-effective and timely manner.

He has written and spoken on numerous occasions concerning various aspects of environmental law, notably including air and water quality law and government enforcement of environmental standards.

Honors & Awards

  • Chambers USA - America's Leading Lawyers for Business listing (environmental law), since 2003. The Chambers list is issued by Chambers and Partners. Click here to view the selection methodology.

    BTI Client Service All-Star listing (2015). This list is issued by BTI Consulting Group.  Click here to view the selection methodology.

    Best Lawyers® in America listing (environmental law/energy regulatory law), since 2003. The Best Lawyers list is issued by Woodward/White Inc. Click here to view the selection methodology.
  • Pennsylvania's Super Lawyers listing (environmental law and land use/zoning), since 2004. The Super Lawyers list is issued by Thomson Reuters.  Click here to view the selection methodology.
  • AV Preeminent Peer Review Rated through Martindale-Hubbell®.  Click here to view the selection methodology. 
  • No aspect of this advertisement has been approved by the Supreme Court of New Jersey or any other jurisdiction.

Press Releases

Seminars & Speaking Engagements

"Hot Topics and Advanced Air Permitting" presented at the Pennsylvania Bar Institute's Environmental Law Forum in Harrisburg, April 5, 2017

"2016 Annual Environmental Conference” presented by the Pennsylvania Chamber of Business and Industry, May 2, 2016

"Federal and State Air Quality Regulations and Recent Developments and Updates," presented by the Pennsylvania Chamber of Business & Industry at their 2014 Annual Environmental Conference in Lancaster, PA, April 10, 2014

"Federal and State Air Quality Update," presented by the Pennsylvania Bar Institute at their Environmental Law Forum 2014 in Harrisburg, PA, April 10, 2014

"Clean Air Compliance," presented by the Pennsylvania Chamber of Business & Industry at their 2013 Annual Environmental Conference in Harrisburg, PA, April 17, 2013

"Implementing DEP's Permit Decision Guarantee," presented by MGKF in Williamsport, PA, November 14, 2012

"Legal Compliance with Air Quality Regulations," presented by the Pennsylvania Chamber of Business & Industry at their 2011 Fall Environmental Conference Series, October 4 (Pittsburgh, PA), October 19 (Harrisburg, PA), and October 26 (Valley Forge, PA.), 2011 

"Understanding Federal Air Regulations & Air Permitting Requirements," presented by the Pennsylvania Chamber of Business & Industry at their Key Environmental Issues Compliance Conference, October 15 (Scranton, PA), October 22 (Camp Hill, PA), and October 29 (Valley Forge, PA), 2009

"Climate Change & Reducing Your Carbon Footprint," presented by the Pennsylvania Chamber of Business & Industry Environmental and Energy Conference & Trade Show in Lancaster, PA, April 7-8, 2009

"Getting Renewable Projects Built: Overcoming the Barriers, Avoiding and Resolving Opposition and Disputes," teleseminar presented by American Council on Renewable Energy and American Bar Association Section of Environment, Energy and Resources, January 21, 2009

"Federal Air Regulations and Air Permitting Requirements Management," presented by the Pennsylvania Chamber of Business and Industry's Practical Applications for Residual Waste, Hazardous Waste, Stormwater Management, and Clean Air Permitting/In-Depth Key Environmental Issues Compliance Conference, October 16 (Lehigh Valley, PA), October 23 (Pittsburgh, PA), October 28 (Camp Hill, PA), and November 6 (Valley Forge, PA), 2008

Environmental Roadshow, presented by ALL4 Inc. in Phoenixville, PA, May 8, 2008

Media Coverage

Special Alerts

Articles