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Craig P. Wilson

Administrative Partner (Harrisburg)
+1.717.231.4509
Fax +1.717.231.4501
Craig Wilson is a partner in the firm's Harrisburg office and practice group coordinator for the firm's global Environment, Land and Natural Resources Practice Group.  Mr. Wilson concentrates his practice in the areas of energy, environment and natural resources, and has counseled clients who are exploring for, producing and transporting natural gas, clients who are developing and operating energy projects and other commercial and industrial projects, clients who are seeking environmental permits and zoning and land development approvals from government agencies, and clients who are parties to business transactions or litigation involving potential environmental liabilities.

Professional Background

Mr. Wilson has been associated with K&L Gates since 1992 and a partner with the firm since 2001.

Achievements

  • The Best Lawyers in America® - Environmental Law (2015)
  • Who’s Who in Energy published by the American City Business Journals in Dallas, Denver, Houston, Pittsburgh and San Antonio (2011-2016)
  • Martindale-Hubbell “AV” rating (very high to preeminent legal ability)
  • Selected by Chambers USA as one of Pennsylvania's leading Environmental lawyers

Professional/Civic Activities

  • American Bar Association (Vice Chair, Water Resources Committee; Co-Chair Annual Water Law Conference 2011)
  • Federal Bar Association (Member)
  • Pennsylvania Bar Association (Member)

Speaking Engagements

  • Pipelines, presented at Pennsylvania Bar Institute’s Environmental Law Forum, April 2016.
  • Environmental Compliance Issues Conference, Pennsylvania Chamber of Business and Industry, October 2015.
  • What is Going on Down There? Hydraulic Fracturing Issues, panel moderator, American Bar Association, Section of Environment, Energy, and Resources, 32nd Annual Water Law Conference, June 2014.
  • Agriculture – Land, Water, and the Environment, panel moderator, American Bar Association, Section of Environment, Energy, and Resources, Spring Conference, March 2013. 
  • Shale Oil & Gas – The Lower 48 Experience – Will It Translate to Alaska?, presented at Meet Alaska, January 2013.
  • Oil & Gas Track - Shale State Regulatory and Legislative Update, presented at Kentucky Mineral Law Conference, Energy & Mineral Law Foundation, October 2012.
  • The New Regulatory Environment and Emerging Legal Challenges, panel moderator, Oil Council North America Assembly, October 2012.
  • Lower 48 Shale Experience – How Will It Translate to Alaska; presented at K&L Gates Alaska Shale Conference, July 2012.
  • Planning for ESCGP-2 Implementation, presented at PIOGA 2nd Annual Technical Seminar, June, 2012.
  • From the Regulators' Chair: A Three State Perspective, presented at K&L Gates Fifth Annual Appalachian Basin Oil & Gas Seminar, April 2012.
  • Environmental Regulation of the Shale Gas Industry – Lessons from Pennsylvania and Ohio, presented at Developing North Carolina Shale Gas, March 2012.
  • Hydraulic Fracturing, presented at Great Lakes Water Conference, November 2011.
  • New Permitting Challenges – Pennsylvania State Programmatic General Permit (PASPGP-4), panel moderator, Shale Gas Insight, September 2011.
  • Water & Wetland Crossings – The Role of the State vs. U.S. Army Corps in Permitting Linear Projects, presented at K&L Gates Fourth Annual Appalachian Basin Oil & Gas Seminar, May 2011.
  • Environmental Impact of Marcellus Shale Drilling on Groundwater and Drinking Water, presented at Pennsylvania Bar Institute’s Environmental Law Forum, April 2011.
  • Water & Wastewater Issues in Shale Development, presented in connection with Short Course on the Law of Shale Gas Plays, sponsored by The Institute for Energy Law, The Center for American and International Law, June 2010.
  • Priorities for Permitting & Compliance in PA, WV and NY, panel moderator at K&L Gates Third Annual Appalachian Basin Oil & Gas Seminar, April 2010.
  • Understanding Water Management Regulations, presented at Key Environmental Issues Compliance Conference, Pennsylvania Chamber of Business and Industry, October 2009.
  • Infrastructure Development – Navigating the Regulatory Maze, presented at K&L Gates Second Annual Appalachian Basin Oil & Gas Seminar, April 2009.
  • Marcellus Shale – Water Resources Challenges, presented at Pennsylvania Oil & Gas Association Annual Meeting, September 2008.
  • Legal/Regulatory Update of Matters Impacting Water Industry, presented at Water Finance & Investment Summit, 2007.
  • Case Studies Involving Special Protection Waters, presented at Water Resources Association of the Delaware River Basin Fall Conference, November 2007.
  • New Post-Rapanos Federal Wetlands Guidance, telebriefing by Law Seminars International, June 2007.
For detailed information, please see Mr. Wilson’s additional biographies, which includes a comprehensive list of Representative Matters and a list of Appearances as Counsel.
  • Internal Corporate Investigation. K&L Gates represented a transportation technology company with respect to an internal company investigation of employee malfeasance involving theft, unlawful duplication of software and computer trespass. K&L Gates led the investigation, with the assistance of computer forensic experts. In a separate matter, K&L Gates represented the company, and led an investigation, with respect to an internal company investigation of employee theft involving a fictitious company and fraudulent billing practices.
  • Internal Corporate Investigation. K&L Gates represented a manufacturing client with respect to an internal company investigation of allegedly unlawful hazardous waste disposal. K&L Gates led the investigation of the alleged incidents and prepared a final report of findings.
  • Savor v. M/A-COM Tech Holdings, Inc., Court of Common Pleas of Allegheny County, Pennsylvania, Civil Action No. 06-8926. K&L Gates represents defendants in an action by former shareholders of a company acquired by defendants alleging breach of the stock purchase agreement and related claims.
  • AMP Incorporated v. Cherry, Court of Common Pleas of Dauphin County, Pennsylvania, Civil Action No. 4864 S 1995. K&L Gates led an internal company investigation of a management employee regarding allegations of fraud, conversion, conspiracy, and negligent misrepresentation. After investigating, K&L Gates filed suit against the employee and another party and obtained preliminary relief to secure assets. The matter was settled by stipulation, which was sealed by the court. The United States subsequently prosecuted and convicted the defendants, using the results of the K&L Gates investigation.
  • Mine Permitting. K&L Gates has represented, and represents, energy companies with respect to the permitting of mining operations associated with power generation facilities, as well as major quarrying operations, throughout Pennsylvania.
  • Exploration and Production.  K&L Gates is regulatory and permitting counsel to a number of independent producers of oil and natural gas.  K&L Gates advises and represents the companies with respect to regulatory and permitting matters involved in the development of unconventional resources, including the Marcellus and Utica Shales.
  • Pipelines.  K&L Gates is regulatory and permitting counsel to developers of a significant gathering line and midstream transmission infrastructure in the Appalachian Basin.  K&L Gates also has served as regulatory and permitting counsel in for the development of major interstate transmission pipelines in Pennsylvania.
  • Gas Migration Litigation.  K&L Gates serves and has served as counsel to producers of natural gas in defense of cases alleging migration of natural gas or other impacts from drilling operations.
  • Penneco Pipeline Corp. v. Dominion Transmission, Inc., United States District Court for the Western District of Pennsylvania, Civil Action No. 05-0537.  K&L Gates represented one of the defendants in an action challenging defendants’ rights under certain oil and gas leases that define a major natural gas storage area.
  • Subsidence Issues.  K&L Gates represents a major natural gas transmission company with respect to the potential effect of mine subsidence on natural gas transmission facilities and negotiations with respect to the alteration or relocation of mining operations to avoid such effects, and in litigation against coal producers, over the right to mine under and subside pipeline rights-of-way and the responsibility to protect pipelines from the effects of mining.  Pennsylvania Services Corporation v. Texas Eastern Transmission, LP, United States District Court, Western District of Pennsylvania, Civil Action No. 2:11-cv-1076; American Energy Corporation v. Texas Eastern Transmission, LP, United States District Court, Southern District of Ohio, Civil Action No. 09-623 (consolidated cases). 
  • Pharmaceutical Plant Expansion. K&L Gates advises and represents the world’s largest manufacturer of human vaccines with respect to a major plant expansion that includes a substantial increase in an existing wastewater treatment plant discharge to a high-quality cold-water stream and remediation of multiple historic landfills on the property.
  • Electric Generation Project Permitting and Development. K&L Gates has served, and is serving, as regulatory counsel with respect to the permitting and development of multiple natural gas-fired combined cycle electric generating facilities in Pennsylvania, including projects that redeveloped “brownfields” sites. K&L Gates serves as counsel with respect to the state and federal environmental permitting processes, and the zoning and land development approval processes in Pennsylvania.
  • Electric Transmission Project Permitting and Development. K&L Gates served as Pennsylvania regulatory counsel for an international electric transmission project that proposed to cross one of the Great Lakes and land in Pennsylvania with underground high-voltage direct-current electric cable. K&L Gates provided legal advice and counsel with respect to the environmental, tax, land development and zoning aspects of the project.
  • San Gabriel Valley Superfund Site. K&L Gates represented a major manufacturer in each of two “operable units” of the largest Superfund site in the nation. K&L Gates obtained a decision from USEPA not to list K&L Gates’ client as a Potentially Responsible Party at one of the operable units, on the basis of evidentiary and corporate successor analysis; at the second operable unit, where K&L Gates’s client had reported a large release of VOCs into soil and groundwater, K&L Gates negotiated an interim allocation with 40 other PRPs, negotiated a consent order with USEPA for performance of an RI/FS, and obtained a remedy-selection decision from USEPA that avoided siting the remedy in the vicinity of the client’s facility.
  • United States v. A&D Recycling, Civil Action No. 99-1:CV-99-1329 (M.D. Pa.) [Jack’s Creek/Sitkin Smelting Superfund Site]. K&L Gates chairs the Jack’s Creek PRP Group, leading the successful negotiation of a global response action settlement with nearly 200 parties (including generators, government PRPs, and an owner/operator). K&L Gates’ brief to the USEPA National Remedy Review Board resulted in reportedly the first-ever rejection and reversal of a region’s remedy selection.
  • United States v. Keystone Sanitation Co., Inc., Civil Action No. 1:CV-93-1482 (M.D. Pa.) [Keystone Sanitation Superfund Site]. K&L Gates represented a manufacturer alleged to be the largest PRP (measured by waste-in volume) in negotiations and litigation with the United States and over 800 PRPs. K&L Gates obtained a judicial decision upholding its right to counterclaim for judicial review of USEPA’s remedy selection decision and unilateral “106” order. This strategy resulted in the government carving out a settlement for K&L Gates’ client and similarly situated parties.
  • Sale of Electric Generating Facilities. K&L Gates served as environmental counsel to a major utility in a “swap” with other utility of ownership interests in five coal-fired and nuclear electric generating facilities in Ohio and Pennsylvania for full ownership interests in three coal-fired facilities, and in subsequent auction sale of the three coal-fired facilities and four other coal and oil-fired facilities.
  • Purchase of Paint and Lacquer Manufacturing Facility. K&L Gates served as environmental counsel to a German manufacturing company with respect to the purchase of a paint and lacquer manufacturing facility in the United States involving cleanup of contaminated property under a state voluntary cleanup program.
  • Transactions Involving Quarry Operations. K&L Gates has served as environmental counsel to a leading producer of construction aggregates with respect to the acquisition and transfer of multiple quarrying operations.
  • Joint Venture Carpet Manufacturer. K&L Gates served as environmental counsel for a sale/joint venture arrangement involving a large carpet and auto component manufacturing business, including issues relating to closure of a former landfill facility and eventual sale of that area to a third party.
  • Purchase of Waste Coal Fired Power Plant. K&L Gates represented purchaser in all aspects of the acquisition of a significant waste coal fired power plant located on lands with substantial waste coal deposits and other environmental challenges.
  • The Mayor and City Council of Baltimore, Maryland v. Susquehanna River Basin Commission, Civil Action No. WMN-98-3135 (D. Md. 1999). K&L Gates successfully defended interstate compact commission's jurisdictional determination regarding potential water withdrawals and diversions by major east coast city. The matter was appealed to the United States Court of Appeals for the Fourth Circuit (Civil Action No. 00-1566), but ultimately settled on terms that maintained the commission’s jurisdictional determination.
  • Spring Water Development. K&L Gates has represented, and represents, a major supplier of spring water with respect to the development of spring sources, including with respect to state and local regulatory approvals.
  • State College Borough Water Authority v. Board of Supervisors of Benner Township, Court of Common Pleas of Centre County, Pennsylvania, Nos. 92-40 and 92-147, on further appeal, Pennsylvania Commonwealth Court, Docket Nos. 0394, 0395, 0518 & 0519 C.D. 1995, and Pennsylvania Supreme Court, M.D. Appeal Docket 1996, Nos. 115, 116, 117, 118, 119, 120, 121, and 122; Board of Supervisors of Halfmoon Township v. State College Borough Water Authority, Pennsylvania Commonwealth Court, Docket No. 2447 C.D. 1994. K&L Gates represented municipal water authority in separate challenges to conditions imposed on grants of conditional use approvals by two Township Boards of Supervisors, which sought to regulate and restrict the withdrawal of groundwater by the authority. In these precedent setting cases, K&L Gates argued successfully that the conditions imposed by the townships were preempted by the Susquehanna River Basin Compact and regulations administered by the Susquehanna River Basin Commission.
  • Oil and Gas Development.  K&L Gates represents oil and gas producers and midstream companies in connection with disputes involving municipal regulation and zoning and land development proceedings.
  • Lonzetta Trucking and Excavating Company v. The Zoning Hearing Board of Hazle Township, Court of Common Pleas of Luzerne County, Pennsylvania, No. 7960-C of 2000, affirmed, Pennsylvania Commonwealth Court No. 875 C.D. 2001.  K&L Gates represented a quarrying operation in Pennsylvania in an appeal of a decision of a zoning hearing board requiring the quarry to seek special exception approval despite ongoing, state-permitted operations of the quarry that predated the applicable ordinance. K&L Gates argued successfully that the township was barred from regulating the mining. Commonwealth Court affirmed the decision.
  • Conectiv Mid-Merit, Inc. v. Zoning Hearing Board of Peach Bottom Township, Court of Common Pleas of York County, Pennsylvania, Docket No. 2002 SV3497-08.  K&L Gates represented the developer of a natural gas fired electric generating facility in an appeal of certain conditions placed on the zoning approval for the project.  K&L Gates negotiated a settlement of the matter that allowed the Zoning Hearing Board to amend the decision in a manner acceptable to the developer.
  • Columbia Gas Transmission Corporation v. West Virginia Department of Environmental Protection, Circuit Court, Marshall County, West Virginia, Case No. 09-CAP-1K (consolidated cases), on appeal, Supreme Court of Appeals of West Virginia No. 16-0827.
  • Texas Eastern Transmission, LP v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2015-100-L.
  • Range Resources-Appalachia, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal Nos. 2015-77-R, 2015-99-R.
  • Texas Eastern Transmission, L.P. v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2014-093R.
  • Robinson Township v. Commonwealth of Pennsylvania, Pennsylvania Commonwealth Court, No. 284 MD 2012, on appeal, Supreme Court of Pennsylvania, Nos. 104 MAP 2014 and 105 MAP 2014.
  • Pennsylvania Services Corporation, trading as Emerald Coal Resources, LP v. Texas Eastern Transmission, LP, Court of Common Pleas of Greene County, No. 663-2011, on appeal, Superior Court of Pennsylvania, No. 1429 WDA 2013.
  • Bohlander v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal Nos. 2012-071-C, 2012-118-C.
  • Schlick v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No.2012-022-M.
  • Chesapeake Appalachia, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal Nos. 2012-016-L, 2012-002-L, 2011-143-L, consolidated, on appeal, Pennsylvania Commonwealth Court, No. 1570 CD 2013.
  • Chesapeake Appalachia, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal Nos. 2011-070-L, 2011-052-L, 2011-006-L.
  • Delaware Riverkeeper Network v. Delaware River Basin Commission, United States District Court, District of New Jersey, Civil Action No. 11-00423.
  • Citizens for Pennsylvania’s Future v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2011-168-M.
  • McCobin v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2011-159-L.
  • Bohlander v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2011-115-C.
  • Pennsylvania Services Corporation, trading as Emerald Coal Resources, LP v. Texas Eastern Transmission, LP, Court of Common Pleas of Greene County, No. 663-2011.
  • Pennsylvania Services Corporation v. Texas Eastern Transmission, LP, United States District Court, Western District of Pennsylvania, Civil Action No. 11-1076.
  • Texas Eastern Transmission, LP v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2010-188-R.
  • Schlick v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2010-180-C.
  • Texas Eastern Transmission, LP v. Pennsylvania Department of Environmental Protection, Environmental Hearing Board Appeal No. 2010-020-R.
  • American Energy Corporation v. Texas Eastern Transmission, LP, United States District Court, Southern District of Ohio, Civil Action No. 09-623 (consolidated cases).
  • Texas Eastern Transmission, LP v. Husted, Ohio Reclamation Commission, Case No. RC-09-003.
  • Athens Borough v. Athens Township Board of Supervisors, Court of Common Pleas of Bradford County, Pennsylvania, No. 081R 000889.
  • U.S. Operating Services Company v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2008-216-R.
  • Pocono Township v. Pennsylvania Department of Environmental Protection and Brodhead Watershed Ass’n v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal Nos. 2007-240-L & 2007-262-L (consolidated).
  • Conectiv Mid Merit, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2007-058-MG.
  • Penneco Pipeline Corp. v. Dominion Transmission, Inc., United States District Court for the Western District of Pennsylvania, Civil Action No. 05-0537.
  • Giorgio Foods, Inc. v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2003-030-K.
  • United States of America v. Acorn Engineering Company, United States District Court for the Central District of California, Western Division, Civil Action No. 03-5470-WJR, on appeal, Docket No. 04-55622, United States Court of Appeal for the Ninth Circuit; decision reported at 221 F.R.D. 530 (D.C. Ca. 2004).
  • Delaware Riverkeeper v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2003-083-MG (consolidated appeals), on further appeal, Pennsylvania Commonwealth Court, Docket No. 1947 CD 2004.
  • In re Appeal of Zellers, Court of Common Pleas of Lancaster County, Pennsylvania, Docket No. 03-05138.
  • Nolan v. Gillis, United States Court of Appeals for the Third Circuit, Civil Action No. 02-3423.
  • Conectiv Mid-Merit, Inc. v. Zoning Hearing Board of Peach Bottom Township, Court of Common Pleas of York County, Pennsylvania, Docket No. 2002 SV3497-08.
  • Brandywine Conservancy v. Delaware River Basin Commission, United States District Court for the Eastern District of Pennsylvania, Civil Action No. 02-CV-7096.
  • Township of Upper Mount Bethel v. Hydropress Environmental Services, Inc., Supreme Court of Pennsylvania, Docket No. 112 MAP 2002.
  • Wallace Township v. PADEP and Pennsylvania Suburban Water Company, Pennsylvania Environmental Hearing Board, Docket No. 2002-113-MG (twenty-eight consolidated appeals).
  • Paradise Township v. Aventis Pasteur Inc., United States District Court for the Middle District of Pennsylvania, Civil Action No. 3:CV:01-1776.
  • Township of Paradise and Lake Swiftwater, Inc. v. PADEP and Aventis Pasteur Inc., Pennsylvania Environmental Hearing Board, Docket No. 2001-024-L.
  • In re Appeal of Charles M. and Edith M. Header, Court of Common Pleas of Schuylkill County, Pennsylvania, Docket No. S-1802-01, on further appeal, Pennsylvania Commonwealth Court, No. 961 CD 2003.
  • The Mayor and City Council of Baltimore, Maryland v. Susquehanna River Basin Commission, United States District Court for the District of Maryland, Civil Action No. WMN-98-3135, on further appeal, United States Court of Appeals for the Fourth Circuit, Civil Action No. 00-1566.
  • Lonzetta Trucking and Excavating Company v. The Zoning Hearing Board of Hazle Township, Court of Common Pleas of Luzerne County, Pennsylvania, No. 7960-C of 2000, on further appeal, Pennsylvania Commonwealth Court, Docket No. 875 C.D. 2001.
  • Eagle Springs, Inc. v. Venable, Pennsylvania Commonwealth Court, No. 2754 C.D. 2000.
  • United States v. Ashland Inc., United States District Court for the Eastern District of Kentucky, Civil Action No. 98-157 (E.D. Ky.).
  • Logan Township v. The Altoona City Authority, Court of Common Pleas of Dauphin County, Pennsylvania, Civil Action No. 4272 S 1998.
  • Estate of Johnston v. Coleman, Court of Common Pleas of Indiana County, Pennsylvania, Equity Action No. 11889 CD 1998.
  • United States v. Armco Inc., United States District Court for the Southern District of Ohio, Civil Action No. C2-95-698.
  • AMP Incorporated v. Cherry, Court of Common Pleas of Dauphin County, Pennsylvania, Civil Action No. 4864 S 1995.
  • State College Borough Water Authority v. Board of Supervisors of Benner Township, Court of Common Pleas of Centre County, Pennsylvania, Nos. 92-40 and 92-147, on further appeal, Pennsylvania Commonwealth Court, Docket Nos. 0394, 0395, 0518 & 0519 C.D. 1995, and Pennsylvania Supreme Court, M.D. Appeal Docket 1996, Nos. 115, 116, 117, 118, 119, 120, 121, and 122; decisions reported at 645 A.2d 394; 669 A.2d 1063 (1995).
  • Board of Supervisors of Halfmoon Township v. State College Borough Water Authority, Pennsylvania Commonwealth Court, Docket No. 2447 C.D. 1994; decision reported at 659 A.2d 640 (1995).
  • Maleski v. All Western Enterprises, Inc., Pennsylvania Commonwealth Court, Docket No. 276 M.D. 1994.
  • AT&T Global Information Solutions Co. et al. v. Union Tank Car Co. et al., United States District Court for the Southern District of Ohio, Civil Action No. C2-94-876; decisions reported at 29 F. Supp. 2d 857 (1998) and 1997 WL 382101.
  • Delaware Coca-Cola Bottling Company, Inc. v. S&W Petroleum Service, Inc., United States District Court for the Middle District of Pennsylvania, Civil Action No. 4:CV-94-1630; decision reported at 894 F. Supp. 862 (1995).
  • United States v. Keystone Sanitation Co., Inc., et al., United States District Court for the Middle District of Pennsylvania, Civil Action No. 1:CV-93-1482; reported decisions at 885 F. Supp. 672 (1994) and 867 F. Supp. 275 (1994).
  • Mutual Savings Bank of Bay City Michigan v. Spring Valley, Court of Common Pleas of Dauphin County, Pennsylvania, Civil Action - Equity No. 4135 S 1992.
  • In re Application for Removal of Robert J. Beaudry, Jr., D.M.D., from the Office of Director of Miller Oral Surgery, Court of Common Pleas of Dauphin County, Pennsylvania, No. 3968-S-1993.
  • Donatelli v. Casey, United States District Court for the Eastern District of Pennsylvania, Civil Action No. 92-7429, decision reported at 826 F. Supp. 131 (1993); on appeal as Donatelli v. Mitchell, United States Court of Appeals for the Third Circuit, No. 93-1293, decision reported at 2 F. 3d 508 (1993).
  • United States of America v. Horsehead Industries, Inc., United States District Court for the Middle District of Pennsylvania, Civil Action No. 1:CV-92-0008.
  • Standard Forged Products, Inc. v. Berwick Freight Car Co., United States District Court for the Middle District of Pennsylvania, Civil Action No. 1:CV-92-0354; decision reported at 1993 WL 193191.
  • Cleanup of Manufacturing Site. K&L Gates advised a manufacturer with respect to Pennsylvania’s Act 2 process in relation to a leased site where groundwater was contaminated with volatile organics. A site-specific remedial plan was developed, based on groundwater modeling, allowing the landlord to convey property to a third party and the tenant to continue to use the property for manufacturing purposes.
  • Food Manufacturer. K&L Gates serves as health, safety and environmental counsel to a leading North American manufacturer of quality chocolate and non-chocolate confectioneries, including with respect to stormwater and wastewater discharges and air emissions and materials handling, and hazardous and solid waste disposal.
  • Pharmaceutical Plant. K&L Gates serves as health, safety and environmental counsel to the world’s largest manufacturer of human vaccines, including with respect to stormwater and wastewater discharges, air emissions, materials handling, hazardous and infectious waste disposal, and biosafety.
  • Pulp and Paper Mill. K&L Gates served as environmental counsel to a paper recycling company with multiple paper recycling/pulp manufacturing facilities in the mid-Atlantic region, including with respect to stormwater and wastewater discharges and air emissions and odor control.
  • Electric Generating Facilities. K&L Gates serves as environmental counsel to multiple electric generating facilities in the mid-Atlantic region, including with respect to air emissions, water withdrawal and discharge, solid waste disposal, and ancillary mining activities.
  • Agricultural Operations. K&L Gates serves as counsel to a major producer of meat products with respect to environmental and land development matters, including stormwater and wastewater management at animal feeding operations.
  • United States v. Ashland Inc., Civil Action No. 98-157 (E.D. Ky. 1999). K&L Gates represented a petroleum refiner in a multi-media enforcement action alleging violations of RCRA, EPCRA, the Clean Water Act and State Implementation Plan provisions under the Clean Air Act at facilities in three states and two EPA regions. K&L Gates led negotiations with the U.S. Department of Justice and regulators that settled the matter on favorable terms for the client.
  • Paradise Township v. Aventis Pasteur Inc., Civil Action No. 3:CV:01-1776 (M.D. Pa.). K&L Gates represented a pharmaceutical manufacturer in defense of a citizen’s suit alleging violations of the Federal Clean Water Act and Pennsylvania Clean Streams Law for discharges of mercury from a wastewater treatment plant. The action was settled early on favorable terms for the client.
  • Defense of Alleged Malodor Violations. K&L Gates represented a recycled paper pulp mill with respect to a series of notices of violation issued by PADEP. K&L Gates represented the client in successful pre-enforcement negotiations with the Department.
  • Contaminated Properties. K&L Gates represents a leading mining and manufacturing company with respect to pre-enforcement negotiations with a state environmental agency regarding multiple contaminated sites. The sites allegedly were contaminated from historic mining and smelting operations.
  • Range Resources-Appalachia, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal Nos. 2015-77-R, 2015-99-R. K&L Gates represents an oil and gas exploration and production company in defense of an enforcement action alleging migration of natural gas and contamination of water supplies.
  • Schlick v. Pennsylvania Department of Environmental Protection and Appalachia Midstream Services, Pennsylvania Environmental Hearing Board Appeal No. 2012-022-M.  K&L Gates represents a midstream pipeline developer in connection with a challenge to permits authorizing construction of gathering line facilities.
  • Chesapeake Appalachia, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Hearing Board Appeal Nos. 2012-016-L, 2012-002-L, 2011-143-L, 2011-070-L, 2011-052-L, 2011-006-L.  K&L Gates represents an oil and gas exploration and production company in connection with a wide variety of permit appeals and challenges involving virtually all aspects of oil and gas development.
  • Citizens for Pennsylvania’s Future v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2011-168-M.  K&L Gates represents an oil and gas production company in defense of a challenge to permitting of oil and gas development in High Quality waters.
  • Pocono Township v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2007-240-L, and Brodhead Watershed Ass’n v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2007-262-L (consolidated).  K&L Gates represents a municipality with respect to appeals of an NPDES permit issued by PADEP authorizing discharge from a new wastewater treatment plant, including a challenge to an “existing use” determination for the receiving stream as a Cold Water Fishery.
  • Conectiv Mid Merit, LLC v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2007-058-MG.  K&L Gates represents a developer of a natural gas-fired combined cycle electric generating project in an appeal of certain restrictions imposed by PADEP with respect to air emissions.
  • Delaware Riverkeeper v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2003-083-MG (consolidated appeals), on further appeal, Pennsylvania Commonwealth Court, Docket No. 1947 CD 2004.  K&L Gates represented a municipality with respect to appeals of permits issued by PADEP approving a sewage facilities plan (authorizing a new wastewater treatment plant) and the related wastewater discharge.  Following hearing, the Board rejected all challenges and upheld the permits issued by the Department.  Commonwealth Court affirmed.
  • Wallace Township v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2002-113-MG (consolidated appeals); Brandywine Conservancy v. Delaware River Basin Commission, Civil Action No. 02-CV-7096 (E.D. Pa.).  K&L Gates represented a permittee in a set of consolidated appeals of permits issued by PADEP authorizing a public water supplier to withdraw water from a stream at certain flow conditions and to store the water in a former quarry prior to treatment and distribution to the public, and in a separate but related appeal of the approval for the project granted by the Delaware River Basin Commission.  The appeals were settled on terms favorable to K&L Gates’ client.
  • Township of Paradise v. Pennsylvania Department of Environmental Protection, Pennsylvania Environmental Hearing Board Appeal No. 2001-024-L.  K&L Gates represented a permittee in defense of an NPDES permit issued by PADEP relating to a substantial increase of discharge from a wastewater treatment plant to a high-quality cold-water stream.  The appeal and a separate but related federal district court Clean Water Act citizen suit were both settled favorably.