The regulatory programs governing solid waste management are constantly evolving to meet the challenges of a society that has historically disposed of huge volumes of materials generated as manufacturing byproducts; spent industrial, commercial and consumer products; residuals from air and water pollution control activities; and wastes generated in connection with the remediation of contaminated sites. From the early days of the groundbreaking federal hazardous waste program under the Resource Conservation and Recovery Act ("RCRA") that first went into effect in 1980, MGKF attorneys have been at the cutting edge of representing clients in responding to these challenges and taking advantage of the business opportunities that they present.
MGKF's solid waste practice includes all aspects of waste management comprising generation, transportation, treatment, storage, and disposal of municipal, commercial, and industrial waste, including both hazardous and non-hazardous wastes - at the federal and state level. We also maintain an active practice dealing with waste recycling. The following is a sampling of the wide ranging nature of our practice:
- Generators: Industrial and commercial waste generators must determine whether or not their waste is hazardous and comply with waste accumulation, storage, shipping, source reduction, and recycling requirements that often present complex regulatory issues. MGKF attorneys, with the assistance of our in-house technical consultants, counsel a wide variety of generators in meeting these requirements and identifying facilities to which they can confidently send their waste for treatment, storage, or disposal. We also deal regularly with the disposition of remediation wastes, including the increasingly controversial issues associated with determining when impacted soils may be re-used in an unrestricted fashion as "clean fill" or must be handled as waste.
- Transportation: Waste transporters face a variety of hazmat, waste shipping, temporary storage, and licensing requirements. We advise both truck and rail waste transportation companies in meeting these requirements, and in responding when accidents result in major or minor spills (more information on our spill response practice may be found here). We have also been called upon by our rail clients to represent them with respect to federal pre-emption of state and local regulations.
- Treatment, Storage, and Disposal Facilities: A very sophisticated industry has grown up to treat, store, and dispose of municipal, commercial, and industrial wastes. MGKF represents clients who own and operate hazardous and non-hazardous waste landfills and resource recovery facilities, waste transfer stations, facilities that commercially treat industrial wastewaters, and firms in the business of treating remediation wastes including contaminated soil treatment operations. We handle a wide variety of matters involving facility siting, permitting, compliance, acquisition, divestiture, and litigation (e.g., permit appeals, enforcement, and toxic tort lawsuits) for these clients, including matters involving both waste and non-waste regulatory issues. Air quality regulation at these facilities is a focus of our air quality practice group.
- Recycling: This rapidly developing industry is giving rise to a growing area of our practice. Given the tremendous interest in recycling at the state and local level, we are frequently called upon to represent generators in evaluating whether and when their byproducts and spent materials are subject to recycling requirements versus more stringent waste treatment and disposal obligations. This also includes recycling requirements applicable to electronic wastes ("e-wastes"), which an ever-increasing number of states are more closely regulating. We also advise businesses in the hazardous waste, solvent, and used oil recycling industries, scrap metal and paper recyclers, and businesses that recycle and process consumer recyclables.
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Representative waste matters in which the firm has been involved include the following:
- We have represented a major waste management company in connection with the siting and permitting of major landfill expansions and leachate treatment facilities, obtaining and renewing a post-closure permit for a hazardous waste landfill, advising the company concerning transfer station permitting and operations, assisting with waste transportation matters and providing counsel in connection with ongoing compliance at operating landfills, transfer facilities, single source recycling facilities and waste-to-energy plants.
- The firm has counseled and represented rail carriers with respect to waste transportation matters and federal preemption of state and local regulation.
- MGKF has assisted several national retailers to develop waste management practices for their retail and distribution center locations and has provided counsel for waste-related issues as they arise at operating locations.
- We have counseled and represented several commercial and industrial clients on a broad range of waste generation and handling issues, including the proper classification of wastes, compliance with generator requirements, evaluation of permitting requirements and waste transportation and disposal issues.
- MGKF has represented regional e-waste management companies in connection with the siting and permitting of e-waste recycling facilities and gaining agency approvals for e-waste collection programs.
Press Releases
- January 5, 2021
- October 23, 2020
- June 8, 2020Gotanda, McCabe, Moshang and Schiller Included in Top 50 Women Pennsylvania Listing
- January 6, 2020
- January 6, 2020
- December 12, 2019
- May 16, 2019
- August 15, 201814 Manko, Gold, Katcher & Fox Attorneys Included in Best Lawyers 2019
- July 19, 2018
- October 17, 2017
- October 12, 2017
- March 31, 2017
- MGKF Presented at Pennsylvania Chamber of Business and Industry 2016 Annual Environmental ConferenceMay 2, 2016
- April 26, 2016
- March 1, 2016With Speaking Engagements by Partners Joseph M. Manko, Bart E. Cassidy, Jonathan E. Rinde and Carol F. McCabe
- February 9, 2016The Requirements and Best Practice You Need to Know
- November 3, 2015
- July 28, 2015
- June 29, 2015
- April 9, 2015
- March 12, 2015
- October 7, 2014Wednesday, October 8 (Monroeville, PA); Tuesday, October 23 (Harrisburg, PA) and; Thursday, October 30 (King of Prussia, PA)
- May 13, 2014
- March 6, 2014
- November 12, 2012
- November 8, 2012
- October 16, 2012
- May 29, 2012
- March 29, 2012
Seminars & Speaking Engagements
- February 27, 2018
- November 15, 2016New Act 2 Standards and Their Impact on Cleanups and the Management of Fill
- February 25, 2016The requirements and best practices you need to know
- September 9, 2015CO-HOSTED BY MANKO, GOLD, KATCHER & FOX AND BL COMPANIES
- September 9, 2014Co-Hosted by Manko, Gold, Katcher & Fox and BL Companies
- May 13, 2014sponsored by the Air & Waste Management Association (A&WMA)
- April 24, 2014City Avenue Special Services District Lunch & Learn
- December 11, 2013for the 2013 PA Brownfields Conference
Media Coverage
- January 13, 2020The Philadelphia Business Journal
- September 17, 2013The Legal Intelligencer
Special Alerts
- January 12, 2021
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- January 11, 2021
- January 11, 2021
- October 22, 2020
- October 6, 2020
- September 21, 2020
- September 10, 2020COVID-19 Update
- July 1, 2020COVID-19 Update
- June 8, 2020
- May 28, 2020
- May 18, 2020COVID-19 Update
- May 12, 2020COVID-19 Update
- May 4, 2020COVID-19 Update
- April 23, 2020COVID-19 Update
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- April 2, 2020COVID-19 Update
- March 27, 2020COVID-19 Update
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- December 12, 2016
- September 29, 2016
- September 1, 2016
- March 28, 2016
- January 25, 2016
- January 25, 2016
- January 25, 2016
- November 16, 2015EPA Looking to Overhaul the Generator Program
- June 23, 2015
- January 20, 2015
- December 19, 2014
- November 26, 2012
- November 12, 2012
- November 5, 2012
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- November 10, 2011
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- November 16, 2008
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Articles
- September 16, 2020MGKF Litigation Blog
- July 20, 2020MGKF Litigation Blog
- March 11, 2020MGKF Litigation Blog
- February 3, 2020MGKF Litigation Blog
- November 25, 2019Law360
- November 4, 2019MGKF Litigation Blog
- July 18, 2019MGKF Litigation Blog
- April 22, 2019MGKF Litigation Blog
- March 28, 2019MGKF Litigation Blog
- March 18, 2019MGKF Litigation Blog
- February 26, 2019The Legal Intelligencer
- January 15, 2019The Legal Intelligencer
- November 21, 2018New Jersey Law Journal
- September 27, 2018MGKF Litigation Blog
- March 1, 2018MGKF Litigation Blog
- December 7, 2017Global, National and Local Challenges and OpportunitiesDecember 2017 issue of EM Magazine
- November 22, 2017MGKF Litigation Blog
- March 29, 2017MGKF Litigation Blog
- February 16, 2017MGKF Litigation Blog
- January 12, 2017MGKF Litigation Blog
- May 17, 2016The Legal Intelligencer
- April 22, 2016ABA Section of Environment, Energy and ResourcesSuperfund and Natural Resource Damages Litigation Committee Regional Update
- March 15, 2016The Legal Intelligencer
- November 23, 2015MGKF Litigation Blog
- January 11, 2013The Legal Intelligencer
- October 18, 2012The Legal Intelligencer
- June 1, 2012Association of Corporate Counsel's "Green-house Counsel"
- April 16, 2012Association of Corporate Counsel's "Green-house Counsel"
- October 3, 2011Association of Corporate Counsel's "Green-house Counsel"
- May 25, 2011Westlaw Journal Environmental