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R. Timothy Weston

Partner
+1.717.231.4504
Fax +1.717.231.4501
Mr. Weston has a practice focused on environmental counseling and litigation, energy development, natural resources management, and related administrative and legislative issues.  He is a member of the environmental and energy, infrastructure and resources practice groups.  With more than 44 years of experience, he has handled a broad range of complex project development, transactional, regulatory, and environmental litigation matters.

Professional Background

Prior to joining K&L Gates, Mr. Weston served for eight years as Assistant Attorney General for the Pennsylvania Department of Environmental Resources, providing counsel for a wide range of natural resource and environmental protection programs, including the Pennsylvania State Water Plan and water resource management activities.  From 1979 to 1987, Mr. Weston served as Associate Deputy Secretary for Resources Management in the Department of Environmental Resources, and as Commissioner on the Delaware and Susquehanna River Basin Commissions.  During his tenure with DER, Mr. Weston was actively involved in the development of significant environmental legislation.  Mr. Weston has published numerous law review articles in the field of environmental regulation and natural resource management. 

Achievements

A nationally recognized practitioner in the field of environmental and natural resources management, Mr. Weston is honored with a Senior Statesman listing in the Chambers USA Directory of America’s Leading Lawyers for Business for his work in the environment area in Pennsylvania and is also recognized as a key player in southwestern Pennsylvania by the Pittsburgh Business Times “Who’s Who in Energy” list in 2015 and 2016. Mr. Weston is also recognized as one of The Best Lawyers in America for his work in Energy Law, Environmental Law and Water Law (2017 edition). 

Professional/Civic Activities

  • Samuel Baxter Memorial Award, conferred by the Water Resources Association of the Delaware River Basin (2001) (highest award for lifetime contributions to water management in the mid-Atlantic region)
  • Who’s Who in Energy published by the American City Business Journals in Dallas, Denver, Houston, Pittsburgh and San Antonio  (2015) 
  • Selected for inclusion in Pennsylvania Super Lawyer® by Philadelphia Magazine in 2008 and 2009
  • American Bar Association (Section on Environmental, Energy and Resources)
  • Pennsylvania Chamber of Business & Industry (Board of Directors)
  • Harrisburg University for Science & Technology (Board of Trustees, Executive Committee, Former Chair)
  • National Council for Public Private Partnerships (Executive Committee)
  • Pennsylvania Bar Association
  • Dauphin County Bar Association

Speaking Engagements

  • Stream Bed Ownership in Pennsylvania, Pennsylvania Bar Institute, Cannonsburg, Pennsylvania, 2016
  • Now what do I do? A private environmental lawyer’s role in air and water permitting, Pennsylvania Bar Institute Environmental Law Forum, Harrisburg, Pennsylvania, 2015
  • The Framework for Public Private Partnerships, National Council for Public Private Partnerships P3Connect Conference, Chicago, Illinois, 2016
  • Environmental Compliance Issues Conference, Pennsylvania Chamber of Business and Industry, Harrisburg, Pennsylvania, 2015
  • "Water Transfers and NPDES Permits," Environmental Updates Program, Pennsylvania Bar Institute, 2006
  • "Recent Developments in Water Law," Delaware Water Policy Forum Series No. 6, University of Delaware, 2006.
  • “The Clean Water Act,” Environmental Law Institute Boot Camp Course on Environmental Law, 1997, 1998, 1999, and 2000
  • “Pennsylvania Water Law,” Water Law Course, Pennsylvania Bar Institute, 2000
  • “Water Quality Issues: Implementation of Antidegradation Regulations,” Sixth Annual Environmental Law Forum, Pennsylvania Bar Institute, 2000
  • “Water Update – Water Allocation, Drinking Water, and Other Issues,” Third Annual Environmental Law Forum, Pennsylvania Bar Institute, 1998
  • representation of multiple independent electric generation projects through the development and regulatory process, including successful defense of third-party challenges to air, water and other permits;
  • service as lead regional counsel to the owner of a fleet of power generation facilities in regulatory, permitting, land use and environmental issues;
  • representation of a significant electric utility relating to all environmental aspects of the sale of major nuclear and fossil fuel power plants in Ohio and Pennsylvania;
  • representation of companies selling, purchasing and redeveloping old and previously contaminated industrial sites in Pennsylvania, New York, Michigan, Indiana, and other states;
  • structuring and negotiation of multiple municipal and industrial water and wastewater design, build and operate projects in multiple states;
  • service as water resources counsel in the development of sources for the nation’s largest bottled water company;
  • counseling of a major vaccine manufacturer through several major expansions of its research and production campus;
  • service as air counsel for a major interstate gas pipeline and for a multinational glass and chemical company, working through the regulatory processes under the 1990 Clean Air Act Amendments;
  • regulatory counseling for an innovative salt dome natural gas storage project in the northeast; and 
  • litigation of precedent-setting cases on behalf of public water supply systems, industries and state governments regarding interstate and private water rights, stormwater liabilities, and water quality issues.

To view a comprehensive list of Mr. Weston's experience, please view his additional biographies.
  • Represented  a leading North American electric power generation development and asset management company in multiple aspects of the development of a 1,000 MW natural gas fired combined cycle power plant in Southwestern Pennsylvania, including siting, real estate and easement acquisition, zoning, environmental permitting, water supply, and other agreements, creative reuse of an existing brownfields site, and unique wastewater beneficial reuse arrangements.
  • Service as environmental and regulatory counsel for owner of major fleet of fossil-fuel fired power generation facilities in Pennsylvania and New Jersey, including all aspects of water supply, wastewater, stormwater, air, solid waste and related permitting issues and proceedings.
  • Representation of a U.S.-based independent transmission company as U.S. permitting and real estate counsel in a cross-border project involving development of a 1,000 MW direct current underground transmission line crossing Lake Erie connecting the Ontario and PJM grid in Pennsylvania.
  • Represented a major mid-Atlantic region utility in a complex two-stage exchange and auctioning of a fleet of nuclear and fossil fuel power facilities in two states, including conduct of environmental assessments, evaluation of environmental and regulatory risks, structuring of contract provisions and negotiations with the purchaser, and related permit transfer and other regulatory proceedings to implement the transaction.
  • Counseled and represented owner/operator of new 1100 MW gas and oil fired combined-cycle power plant located in the Lehigh Valley of Pennsylvania in environmental and related issues related to facility development, including (i) advice concerning acquisition of a major “brownfields” site from a bankrupt steel company (including assessment of risks associated with past industrial contamination, negotiations with the former owner, negotiations with environmental agencies, and procurement of environmental insurance coverage), and (ii) counseling through complex federal, state and local permitting and related proceedings.
  • Represented project sponsors in the development and federal, state, and local permitting of a major 86 MW coal-waste fired power plant in central Pennsylvania, and subsequent service as general counsel for the facility, including acquisition of air, water, solid waste and mining permits; defense against third-party challenges to certain permits; negotiation of agreements for acquisition of additional fuel sites and fuel preparation facilities; negotiations with EPA concerning new source review issues; representation in zoning and other proceedings regarding a 23-mile long transmission line; and representation in negotiations with lenders and investors for initial financing and a post-construction sale-leaseback transaction.
  • Advised owner of new 544 MW gas-fired combined cycle power plant in eastern Pennsylvania regarding all aspects of land use and environmental permitting for development of power plant and related facilities, including acquisition and negotiation of permits and land development approvals, successful defense against third-party challenges to project permits, negotiations for water supply (including modification of a public water system’s federal and state permits governing reservoir operations), acquisition of emission reduction credits within the Northeastern Ozone Transport Region, and acquisition of the site and multiple related easements for water, wastewater, transmission and other lines.
  • Counseled and represented the developer of an innovative salt cavern high-deliverability natural gas storage project, including representation in state and federal administrative proceedings concerning air, water, underground injection control and other permits, acquisition of water supplies, and related matters.
  • Counseled an international bank in the restructuring and sale of a major waste coal fired power plant in north central Pennsylvania.
  • Represented energy companies regarding various regulatory initiatives, including the development of agency rules and policies allowing innovative “beneficial use” programs for facility byproducts.
  • Service as lead regional counsel to the owner of a fleet of power generation facilities in regulatory, permitting, land use and environmental issues.
  • Representation of companies selling, purchasing and redeveloping old and previously contaminated industrial sites in Pennsylvania, New York, Michigan, Indiana, and other states.
  • Representation of a major commercial hazardous and industrial waste treatment and disposal company in RCRA and other permit proceedings, defense against third-party challenges, and advice on closure and post-closure care issues (including insurance and bonding requirements).
  • United States and Commonwealth of Pennsylvania v. A&D Recycling, Inc., U.S. District Court, Middle District of Pennsylvania, Civil Action No. 1:CV 99-1332.  Service as chair and common counsel for the Jack’s Creek PRP Group at a metals and radiologically contaminated superfund site in central Pennsylvania, including extended negotiations with EPA concerning remedy selection, presentation to the EPA Remedy Review Board (resulting in a significant change in the proposed remedy), and subsequent management of the cleanup contracting and implementation process for the group.
  • Service as land use and environmental counsel for a large 600+ acre mixed use development, involving  a 600+ acre site straddling two states, with planned 1100 residential units, 36-hole golf club, hotel, commercial and retail elements, and related public water and sewage system development.
  • Counseled and represented North America’s largest vaccine manufacturing facility through permitting of several major campus expansion projects, including water supply, wastewater, waste management and other processes, including defending against citizen suit and third-party challenges to approvals.
  • Advised operator of two nuclear fuels processing facilities through 10+ year decontamination and decommissioning process, involving interplay between federal and state regulatory agencies and mixed radiological and chemical remediation issues.
  • Counseled a national carbon recycling facility in federal and state RCRA permitting for facilities that manage hazardous and non-hazardous waste streams.
  • Commonwealth of Pennsylvania v. BWX Technologies, Inc., U.S. District Court, Western District of Pennsylvania, Civil Action No. 061135: represented former owner/operator of nuclear fuel processing company in defense against and settlement of claims by state and municipal wastewater authority for alleged liability associated with radiological contamination of wastewater treatment plant’s ash lagoon.
  • Regulatory counseling for an innovative salt dome natural gas storage project in the northeast.
  • Service as air counsel for a major interstate gas pipeline and for a multinational glass and chemical company, working through the regulatory processes under the 1990 Clean Air Act Amendments;
  • Advised and represented a major integrated petrochemical company in the acquisition and development of the site of a major petrochemical facility in the northeastern U.S.
  • Represented gas producer association in review and negotiation of SRBC project review regulatory changes, and in negotiations with the Pa. Department of Environmental Protection regarding water withdrawal and water management plan requirements.
  • Counsel to multiple individual gas exploration and production companies in resolving enforcement proceedings regarding unpermitted water withdrawals and consumptive use projects.
  • Counsel to several individual major gas production companies in regulatory and permitting issues (air, water, solid waste, and oil and gas permitting) associated with well development and infrastructure products.
  • Representation of a major national water and wastewater company in the planning and development of a regional brine treatment center.
  • Counsel to an international gas development company in the planning and development of midstream (gathering, compression and pipeline) projects. 
  • Representation of oil and gas producers in defense against third party challenges to erosion and sedimentation control and stream encroachments permits for major regional well field and pipeline projects.
  • Advised and represented a Fortune 100 owner of multiple wax manufacturing facilities and former petroleum refinery facilities in the sale of related business and associated leasing and sale of affected properties, including multi-party negotiations with governmental agencies of prospective purchaser and remediation agreements.
  • Representation of major paper company in decommissioning and sale of former paper manufacturing site in Wisconsin.
  • Counseled a multinational chemical company through the structuring and implementation of the phased purchase and remediation of an inorganic metals processing business at a site challenged by contamination from pre-RCRA waste units.
  • Represented the New York metropolitan area’s transit agency in negotiations with a major railroad regarding environmental issues relating to a complex lease with option to purchase arrangement for a significant transit corridor across New Jersey.
  • Counseled a major North Carolina city’s transit agency with respect to the environmental aspects of acquiring and developing an existing rail line corridor as a major addition to the region’s rail transit system.
  • Representation of a broad range of companies involved in selling, purchasing and redeveloping industrial sites, and procurement of environmental insurance and other risk management arrangements for such transactions, including major projects in California, Pennsylvania, Michigan, West Virginia, Illinois, and Wisconsin.
  • Advised cable television client in two transactions involving acquisitions of former industrial sites in Los Angeles and Orange County, California during due diligence and negotiation of purchase arrangements, including required negotiation of arrangements for ongoing remediation and subsequent agency clearance in order to complete the escrow arrangements under the purchase arrangements.
  • Represented a bank lender with respect to a facility on which the borrower (who had operated a hazardous waste treatment facility) had defaulted; in order to preserve the bank’s interests, pursued court appointment of a trustee who assumed control of the site and negotiated arrangements with the California Department of Toxic Substances Control for funding the trustee to pursue cleanup of the site, with contributions from insurance and bonds posted with DTSC, funds from the defaulting parties, and some contributions from the bank; advised and guided the trustee through the cleanup process, including procurement of engineering and remediation contractor services.
  • Structuring and negotiation of multiple municipal and industrial water and wastewater design, build and operate projects in multiple states.
  • Service as water resources counsel in the development of sources for the nation’s largest bottled water company.
  • Litigation of precedent-setting cases on behalf of public water supply systems, industries and state governments regarding interstate and private water rights, stormwater liabilities, and water quality issues.
  • Levin v. Board of Supervisors of Benner Township, Centre County, 669 A.2d 1063 (Pa. Cmwlth. 1995), aff’d per curium, 689 A.2d 224 (Pa. 1997); State College Borough Water Authority v. Board of Supervisors of Halfmoon Township, 659 A.2d 640 (Pa. Cmwlth. 1995).  Successfully represented a major water supply authority in series of precedent-setting cases establishing the relationship between basin commission and local regulation of water, and the preemption of local regulation of water withdrawals by state and interstate allocation programs.
  • Represented a multi-state river basin commission in federal court litigation that upheld the regulatory authority of the basin agency to regulate projects affecting basin waters and control withdrawals by a large out-of-basin city.
  • Advised a major investor-owned utility company concerning the acquisition and disposition of various water resource assets, including development of an off-stream water supply reservoir facility.
  • Counseled a number of independent and utility-owned generation companies through the development process in obtaining federal, basin commission, state and local approvals for multiple waste coal, natural gas and oil fired power plants.
  • Advised and represented a multinational water service company in the negotiation and development of multiple municipal and industrial water and wastewater privatization projects, including negotiation of complex design/build/operate and lease/finance/build/operate contracts in Pennsylvania, Florida, New York, Massachusetts, Michigan, Louisiana, Connecticut, Ohio, California, and Hawaii.
  • Counseled North America’s largest bottled water company in the acquisition of spring water and other water rights, and advised the company on water resource policy and regulatory issues in multiple states in the northeast, Mid-Atlantic and Great Lakes region.
  • Advised and lead a coalition of business, utility, agricultural, and conservation organizations in the development and advocacy of water resources legislation, leading to passage of the Pennsylvania Water Resources Planning Act of 2002.
  • Represented industrial, utility and water supply clients in policy development and legislative work associated with the Great Lakes-St. Lawrence River Basin Water Resources Compact.
  • Delaware Riverkeeper v. Pennsylvania Department of Environmental Protection and Portland Borough, Pa. Commonwealth Court, No. 1947 C.D. 2004 (Opinion, June 9, 2005): represented municipality through administrative and judicial appeals defending against challenges by environmental groups to sewage facilities plan and NPDES Permit for new community sewage collection and treatment facility.
  • Served as counsel to coalition of major landowners, resort operators and developers in the development of state wetland regulations and guidelines.
  • Pennsylvania counsel advising consortium and lenders proposing to enter into 75-year lease and concession operation of the Pennsylvania Turnpike, involving due diligence, extensive research and advice concerning a myriad of state law issues, including constitutional and legal authority questions, contract enforceability and remedies, real estate, environmental, and other matters.
  • Pennsylvania counsel to the City of Pittsburgh and Pittsburgh Parking Authority in structuring and negotiation of a proposed parking system P3 lease and concession transaction.
  • Pennsylvania counsel to lenders evaluating whether to provide financing for a long-term lease/concession operation of the City of Harrisburg parking system, including due diligence on major legal and process issues, such as leasing authority, enforceability and remedies, procurement law questions, rate setting, and other issues.
  • Structured and drafted the first ever PPP project agreements in California under the then new statutory provisions allowing municipal procurement of private-public partnerships.  This project involved D-B development of a replacement wastewater treatment plant, coupled with long-term O&M services.
  • Advised and represented national PPP entity in structuring and negotiation of arrangements for concession leasing and long-term operation of the City of Rialto water, wastewater, and reclaimed water system in southern California.
  • Advised and represented a major public utility company in the acquisition of a major combined sewer wastewater system — a first of its kind transaction in Pennsylvania that involves precedent-setting environmental and utility regulatory issues.
  • Represented a multi-national water/wastewater service provider in structuring an innovative multi-pronged project involving (1) the leasing, financing, design, construction, and merchant operation of a wastewater treatment sludge incinerator; (2) financing, design, and construction of major wastewater treatment plant improvements, coupled with long-term O&M services; and (3) long-term inspection and maintenance services relating to the city sewage collection system.
  • Represented .the non-regulated affiliate of a water and waste water utility in negotiating surveying the law in 22 states with respect to each state's procurement laws and requirements. The regulated water utility parent is the largest water company in the United States.
  • Advised and represented a multinational water service company in the negotiation and development of multiple municipal and industrial water and wastewater PPP projects, including negotiation of complex design/build/operate and lease/finance/build/operate contracts in Pennsylvania, Florida, New York, Massachusetts, Michigan, Louisiana, Connecticut, Ohio, California and Hawaii.
  • Represented the successful proposer in the negotiation of a 20-year DBOM contract with Tampa Bay Water, a multi-county regional public authority, to develop and operate a 60+ mgd surface water treatment facility, involving a technically and legally complex arrangement to pursue development of a state-of-the-art water treatment facility using innovative technology.