MGKF has advised clients on all aspects of EPCRA compliance, including annual Tier 2 hazardous chemical inventory reporting and Form R reporting for the U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) database, coordination with local emergency planning committees (LEPCs), and emergency release notifications. In addition, we assist with the evaluation of emergency release notification requirements under EPCRA section 304 and section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). MGKF has counseled clients in the event of spills or other emergencies to determine whether reports to the National Response Center and to local and state agencies are required under law.
Photo ©2013 Avi Loren Fox Photography
- Represented chemical manufacturing companies in EPA enforcement actions relating to the release of an extremely hazardous chemical from the client's facility, and compliance with TRI Form R reporting. The firm assisted in settling these matters favorably after negotiations with EPA Region 3.
- Assisted a telecommunications company during a multi-media voluntary environmental audit in determining whether Tier 2 reporting violations had occurred at hundreds of facilities nationwide. The evaluation involved complex legal questions and review of the reporting obligations of multiple companies located at the same facility. We worked with the client to return facilities to compliance for prior missing Tier 2 reports, assembled information for LEPC emergency planning submissions, and negotiated a significantly reduced penalty with EPA headquarters as part of a voluntary disclosure under the agency's audit policy. To prevent client noncompliance in the future, MGKF prepared a comprehensive internal guidance document on both general and state-specific EPCRA reporting obligations, and trained client personnel.
- Represented a large auto body manufacturer in a threatened EPA enforcement action involving TRI reporting. MGKF developed an intimate knowledge of the client's manufacturing process, raw material inventory management and tracking, and evaluated the applicability of TRI reporting exemptions for low-threshold compounds. We successfully identified reporting exemptions and obtained EPA's concurrence not to pursue enforcement.
- Successfully defended a chemical company whose accidental chemical release triggered an EPA investigation into the client's EPCRA compliance and release reporting procedures. We helped the client prepare for EPA's on-site inspection and respond to EPA's investigation of the spill event. No penalties were issued and no further enforcement action against the client was taken. Subsequently we enhanced the client’s spill planning, response, and reporting procedures.
- Assisted a manufacturing client in applying TRI Form R thresholds and utilizing mixture calculations that involve concentration ranges straddling the de minimus value to show that no TRI report needed to be submitted.
- Negotiated a favorable settlement with Region 4 EPA on behalf of a manufacturing client that had neglected to submit Form Rs for a number of years.
- April 18, 2022
- NJDEP Issues Administrative Order to Require Environmental Justice Review Process to Permit Applications in Overburdened Communities Pending Adoption of New RegulationsSeptember 23, 2021
- September 3, 2021
- NJDEP Holds January 20, 2021 Stakeholder Meetings on Environmental Justice Law Implementation IssuesJanuary 25, 2021
- January 12, 2021
- January 11, 2021
- January 11, 2021
- August 25, 2020COVID-19 Update
- June 26, 2020
- April 20, 2020COVID-19 Update
- April 2, 2020COVID-19 Update
- March 17, 2020
- January 21, 2020
- January 21, 2020
- November 4, 2019
- January 14, 2019
- August 6, 2018
- September 14, 2021The Legal Intelligencer
- Environmental Forecast: A Look Ahead at a Busy Biden White House, a Packed Agenda at DEP, and What it Means for Pennsylvania Business and IndustryMarch 29, 2021Catalyst - a publication of the PA Chamber of Business and Industry
- April 30, 2019MGKF 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
- Gotanda and Moshang of Manko, Gold, Katcher & Fox to Present at Hawaii State Bar Association 2020 ConventionSeptember 15, 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
- September 26, 2019
Seminars & Speaking Engagements
- February 27, 2018
- April 21, 2016a DRI webinar
- June 24, 2014A Guide for Businesses and Property Owners