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.
Photo © ER09 | istockphoto.com
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.
- Supreme Court of New Jersey Holds that Permittee Should Be Named as a Party to Appeal Affecting ProjectApril 19, 2022MGKF Litigation Blog
- June 29, 2021MGKF Litigation Blog
- Commonwealth Court of PA Holds that Natural Gas Act Does Not Divest the Environmental Hearing Board of Jurisdiction Over Appeals of Agency ActionsJune 25, 2021MGKF Litigation Blog
- June 17, 2021MGKF Litigation Blog
- March 15, 2021MGKF Litigation Blog
- PA Court Rejects Environmental Rights Amendment Challenge to Appropriation of Oil and Gas Lease Funds for DCNR’s General OperationsNovember 2, 2020MGKF Litigation Blog
- Supreme Court Establishes "Functional Equivalent” Standard for Permitting Discharges to Groundwater Under the Clean Water ActApril 23, 2020MGKF Litigation Blog
- April 1, 2020MGKF Litigation Blog
- California District Court Finds Temporary Diminution in Property Value Sufficient to Withstand Summary Judgment on Common Law ClaimsMarch 26, 2020MGKF Litigation Blog
- February 24, 2020MGKF Litigation Blog
- December 23, 2019MGKF Litigation Blog
- August 5, 2019MGKF Litigation Blog
- Proceeds from Oil and Gas Leases Must Be Used for Conservation Purposes Under PA's Environmental Rights AmendmentJuly 31, 2019MGKF Litigation Blog
- July 18, 2019MGKF Litigation Blog
- Delaware Superior Court Holds DNREC Cannot Use Cease-and-Desist Authority to Mandate Corrective ActionMarch 5, 2019MGKF Litigation Blog
- SCOTUS Endangered Species Act Decision Suggests More Probing Judicial Review of Agency Critical Habitat DesignationsDecember 10, 2018MGKF Litigation Blog
- Commonwealth Court Upholds DEP’s “Soil-to-Groundwater” Theory as Basis for Daily Penalties Under the Clean Streams LawOctober 1, 2018MGKF Litigation Blog
- September 5, 2018MGKF Litigation Blog
- Third Circuit Revives Landowner’s Challenge to the DRBC’s Authority over Fracking Activities in the Delaware River BasinJuly 16, 2018MGKF Litigation Blog
- PA Supreme Court Addresses Agency Deference and the ERA in Ruling on Unconventional Well Drilling RegulationsJune 26, 2018MGKF Litigation Blog
- June 20, 2018MGKF Litigation Blog
- 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
- 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
- Manko, Gold, Katcher & Fox Included in 2022 U.S. News – Best Lawyers® “Best Law Firms” National RankingsNovember 4, 2021
- August 19, 202117 Manko, Gold, Katcher & Fox Attorneys Listed in 2022 Best Lawyers and Ones to Watch
- June 14, 2021
- May 24, 2021
- Manko, Gold, Katcher & Fox to Receive the 2021 H. Robert Fiebach Award for the Promotion of Women in the LawMay 4, 2021
- May 3, 2021
- Manko, Gold, Katcher & Fox Included in 2021 U.S. News – Best Lawyers® “Best Law Firms” National RankingsNovember 5, 2020
- October 23, 2020
- Bruce Katcher Named the Best Lawyers® 2021 Environmental Law “Lawyer of the Year” in Cherry Hill, NJAugust 20, 202016 Manko, Gold, Katcher & Fox Attorneys Included in Best Lawyers 2021 and Four Named to Inaugural Ones to Watch List
- June 8, 2020Gotanda, McCabe, Moshang and Schiller Included in Top 50 Women Pennsylvania Listing
- April 30, 2020
- January 6, 2020
- Manko, Gold, Katcher & Fox Included in 2020 U.S. News – Best Lawyers® “Best Law Firms” National RankingsNovember 4, 2019
- October 3, 2019
- September 26, 2019
Seminars & Speaking Engagements
- November 9, 2015
- September 24, 2019Law360