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Tad J. Macfarlan

Fax +1.717.231.4501
Tad Macfarlan is an associate in the firm’s Harrisburg office who has experience with a range of environmental, energy, natural resources, and land-use matters. Mr. Macfarlan counsels the firm’s industrial, manufacturing, energy, utility, and commercial sector clients on compliance with state and federal environmental laws, including issues related to air emissions, wastewater and stormwater discharges, wetland and stream protection, solid and hazardous waste management, water withdrawals, chemical and toxic substance controls, spill reporting and response, and endangered species preservation. His practice includes permitting, compliance, enforcement defense, litigation, and transactional matters. Mr. Macfarlan also monitors and participates in significant federal and state environmental rulemakings on behalf of the firm’s clients.

Professional Background

Prior to joining K&L Gates, Mr. Macfarlan was a law clerk for the U.S. Environmental Protection Agency Region III Office of Regional Counsel. He also worked as a legal intern for the National Wildlife Federation Great Lakes Regional Center.

Speaking Engagements

  • Water Issues Update, Environmental Compliance Issues Conference, Pennsylvania Chamber of Business and Industry, October 29, 2015
  • Waters of the U.S.: Key Issues and Implications, Law Seminars International, June 11, 2015
  • Counseled combined-cycle natural gas-fired power plant project sponsors on permitting requirements under the Clean Water Act, Clean Air Act, National Historic Preservation Act, and related state environmental laws.
  • Represented upstream and midstream oil and gas industry clients in administrative enforcement actions involving alleged wetlands encroachments, erosion and sediment control issues, waste disposal requirements and well permitting violations.
  • Advised the developer of a 300 megawatt wind farm on permitting and endangered species requirements under federal environmental and aviation laws.
  • Performed environmental due diligence and drafted contractual provisions allocating environmental liabilities for buyers in a commercial transaction involving the purchase of multiple steel fabrication facilities in several states.
  • Advised shale gas production companies on compliance with updated environmental protection provisions of Pennsylvania’s Oil and Gas Act (Act 13), Chapter 78 regulations, and agency guidance documents.
  • Counseled manufacturing industry clients on compliance with the federal Clean Air Act and Pennsylvania Air Pollution Control Act, including issues involving pre-construction permitting, source aggregation, emission reduction credits, annual emissions reporting, and greenhouse gas regulation.
  • Represented private water and wastewater utility services provider in commercial litigation involving issues of labor, contract, construction, and environmental law.
  • Advised operator of several waste coal-fired power plants on new and pending federal environmental regulatory requirements related to cooling water intake structures, cross-state air pollution, greenhouse gas and hazardous air pollutant emissions, and management of coal ash.
  • Advised midstream oil and gas operators on pipeline permitting under the Army Corps of Engineer’s § 404 permit program and analogous state permitting programs.
  • Counseled rare-earth metals refiner involved in project development on environmental compliance and permitting under the federal Resource Conservation and Recovery Act and Clean Water Act and Pennsylvania Solid Waste Management Act.
  • Represented large oil refinery in complex CERCLA natural resource damages litigation.
  • Advised hydroelectric power plant operators in Federal Energy Regulatory Commission relicensing proceedings.
  • Monitored Pennsylvania Public Utility Commission proceedings on behalf of interstate pipeline companies.
  • Represented upstream power generator in municipal stormwater ratemaking proceeding.
  • Represented shipping industry clients in communications with the U.S. Environmental Protection Agency regarding NPDES permitting and international fuel standard requirements.
  • Prepared public comments on the following environmental regulatory proposals on behalf of energy sector clients:
    • The U.S. Environmental Protection Agency’s proposed Clean Power Plan.
    • The New York Department of Environmental Conservation’s proposed regulations and environmental impact statement on high-volume hydraulic fracturing.
    • The Susquehanna River Basin Commission’s low-flow protection policy and technical guidance.
    • The Pennsylvania Department of Environmental Protections’ general permit for air emissions from natural gas processing and production facilities (GP-5).
  • Successfully represented a Salvadorian immigrant pro-bono in an appeal before the United States Court of Appeals for the Third Circuit (Mayorga v. Attorney General, 757 F.3d 126 (2014)).