Responding to actions taken by federal and state administrative agencies has long been a core area of the firm’s litigation practice. Whether it is challenging federal rulemaking in the U.S. Court of Appeals for the D.C. Circuit, guiding clients through government investigations and information requests, or appealing or defending final agency actions before administrative hearing boards, we vigorously pursue our clients’ rights. In addition to state and federal courts, we have represented multinational corporations and individual property owners before such diverse tribunals as the U.S. Environmental Protection Agency’s Office of Administrative Law Judges, the Pennsylvania Environmental Hearing Board, the New Jersey Office of Administrative Law, the Delaware River Basin Commission, the Allegheny County Health Department, and the Pennsylvania Underground Storage Tank Indemnification Fund Board.
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Our experience with respect to administrative actions and appeals includes the following representative matters:
- Challenging multiple EPA rulemaking actions, including challenges to EPA’s Clean Air Mercury Rule and Clean Air Interstate Rule in the U.S. Court of Appeals for the D.C. Circuit, and a challenge to an EPA-promulgated Total Maximum Daily Load ("TMDL") for PCBs in the Delaware Estuary.
- Challenging regulations related to incineration of non-hazardous secondary materials and solid waste issued by EPA under the Clean Air Act and the Resource Conservation and Recovery Act on behalf of a leading provider of waste management services and waste-to-energy and landfill gas-to-energy facilities.
- Representing a national railroad in a highly publicized enforcement and civil penalty action brought by the Commonwealth of Pennsylvania arising from a release and fish kill in northwestern Pennsylvania.
- Negotiating a major federal consent decree, with a value of approximately three quarters of a billion dollars, in the context of an 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.
- Pursuing an action against the U.S. Soil Conservation Service for improperly designating a site, resulting in the agency’s withdrawal of its designation and the wholesale revision of the agency’s designation rules.
- Negotiating consent agreements with the Pennsylvania Department of Environmental Protection on behalf of a natural gas gathering company regarding alleged violations of the Clean Streams Law and the Air Pollution Control Act.
- Defending the purchaser of a large former military installation in a civil penalty action brought by EPA related to PCB transformers left at the property by the Department of Defense.
- Representing a petroleum refiner in negotiating two highly complex consent decrees to resolve alleged noncompliance under the Clean Air Act and other federal and state statutes.
- Providing on-scene counseling to clients during three separate emergency response actions where evacuation orders had been issued and government investigators were present at the site.
- Negotiating resolution of government enforcement actions involving a major mid-Atlantic petroleum facility in the context of the sale of the facility.
- Representing a client in a Nuclear Regulatory Commission investigation into the disposal of radiological medical waste.
- Resolving citations, requests for information, and other administrative actions with the Occupational Safety and Health Administration and the Federal Railroad Administration.
- Challenging, on behalf of a pipeline company, an administrative order and subsequent directives concerning remediation issued following the release of gasoline from a pipeline valve.
- Representing a municipality in permit challenges to prevent the expansion of an unpopular land use within the municipality.
- Successfully defending a permit challenge seeking to block construction of a wind-powered electric generating facility in northeastern Pennsylvania.
- December 11, 2017
- March 31, 2017
- October 19, 2015
- Gold to Speak at the Fall Conference of the Delaware Section of the AWRA and the WRA of the Delaware River BasinOctober 27, 2014
- Carol McCabe, Brett Slensky and Michael C. Nines of Manko, Gold, Katcher & Fox, LLP, Presented "How Your Environmental, Health and Safety Department Can Add Value to the Company's Bottom Line" - 2011 DELVACCA EH&S InstituteOctober 12, 2011
- September 19, 2011
- July 19, 2010
- John Gullace of Manko, Gold, Katcher & Fox, LLP to Speak on Environmental Law Developments of 2009 and Trends for 2010January 18, 2010
- John Gullace of Manko, Gold, Katcher & Fox, LLP to Speak at American Bar Association Section on Environment, Energy, and Resources' Fall Law SummitSeptember 16, 2009
Seminars & Speaking Engagements
- November 9, 2015
- March 1, 2018
- January 23, 2017
- January 22, 2017
- January 25, 2016
- July 31, 2013
- July 9, 2013
- May 8, 2010
- December 8, 2009
- May 8, 2009
- NJ Court Rejects NJDEP's Use of Dispute Resolution Process to Avoid Statutory and Regulatory RequirementsMay 8, 2009
- January 16, 2008
- October 19, 2006
- May 1, 2018MGKF Litigation Blog
- PA Commonwealth Court Holds that Corporate Officer May Be Liable for Deliberate Inaction Under Participation TheoryMarch 26, 2018MGKF Litigation Blog
- February 1, 2018MGKF Litigation Blog
- August 30, 2017MGKF Litigation Blog
- August 29, 2017Law360
- Pennsylvania Environmental Hearing Board Sets Guidelines for Challenges to PADEP Permitting DecisionsAugust 16, 2017MGKF Litigation Blog
- Fifth Circuit Holds Past Pipeline Spills Not Dispositive in Determining Whether Operator “Considered” Pipeline Risk FactorsAugust 15, 2017MGKF Litigation Blog
- July 31, 2017MGKF Litigation Blog
- Company Waived Attorney-Client Privilege by Sharing Privileged Communication with Consultant, Superior Court HoldsJuly 30, 2017MGKF Litigation Blog
- July 7, 2017MGKF Litigation Blog
- June 27, 2017MGKF Litigation Blog
- June 1, 2017MGKF Litigation Blog
- Pennsylvania Supreme Court Allows Pre-Enforcement Review of DEP's Continuing-Violations Penalty Policy under the Clean Streams LawJanuary 5, 2016MGKF Litigation Blog
- November 23, 2015MGKF Litigation Blog
- PA Supreme Court Rules Contamination and Stigma Relevant for Determining Fair Market Value for Tax AssessmentsOctober 2, 2015MGKF Litigation Blog
- January 9, 2015The Legal Intelligencer
- December 19, 2013MGKF Litigation Blog
- May 10, 2013The Legal Intelligencer
- March 19, 2013The Legal Intelligencer
- EPA Adopts Revisions to Clean Air Act General Duty Clause Enforcement Policy – Factors Considered in Assessment of Civil PenaltiesAugust 2, 2012Association of Corporate Counsel's "Green-house Counsel"
- Consider Whether Your Outside Consultant/ Auditor Has A Duty to Disclose Environmental, Health and Safety Issues to RegulatorsDecember 1, 2011Association of Corporate Counsel's "Green-house Counsel"