REPRESENTATIVE EXPERIENCE
Tad J. Macfarlan
Project Development
Advised developers of multiple utility-scale wind and solar projects on all aspects of federal, state and local environmental and land use permitting and related project financing matters.
Advised the developer of a 1,000 megawatt combined-cycle natural gas-fired power plant in Western Pennsylvania on all aspects of federal, state and local preconstruction environmental permitting requirements.
Advised the developer of a petrochemical complex in Western Pennsylvania on compliance with major source air permitting requirements under the federal Clean Air Act and Pennsylvania Air Pollution Control Act.
Advised the developer of a cross-border electric utility line project regarding environmental permitting requirements and condemnation authority under state and federal public utility laws.
Advised a rare-earth metals refiner undertaking facility upgrades regarding environmental permitting requirements under the federal Resource Conservation and Recovery Act, federal Clean Water Act, Pennsylvania Solid Waste Management Act and Pennsylvania Clean Streams Law.
Advised midstream oil and gas operators on pipeline permitting requirements under the Clean Water Act and Pennsylvania Clean Streams Law, including ancillary requirements relating to the protection of endangered species, historic properties and cultural resources.
Advised a bottled water production company regarding compliance with local zoning and land-use requirements in potential siting of new spring water development facilities.
Advised a shale gas exploration and production company in relation to local permitting matters in several Western Pennsylvania municipalities.
Corporate Transactions
Advised an investor-owned public utility company during its acquisition of municipal water and wastewater treatment systems, including advice with respect to environmental, public utility and municipal law issues.
Served as environmental counsel for the operator of multiple battery recycling facilities and legacy liability sites in several states through the course of a multi-step corporate restructuring and divestment of operational assets.
Served as environmental counsel for sellers in a corporate transaction involving the sale of the capitol services business segment of an international engineering, procurement and construction (EPC) company.
Served as environmental counsel for buyers in a corporate transaction involving the purchase of multiple steel fabrication facilities operating in several states.
Advised sellers in the sale of substantially all of the assets of a radiopharmacy business on radioactive material (RAM) license transfer requirements in more than 20 states.
Served as environmental counsel for foreign buyers in its acquisition of an American robotics production company.
Served as environmental counsel for health care providers in multiple transactions involving the consolidation of the Pennsylvania health care industry.
Enforcement Defense and Litigation
Advised an operator of multiple hazardous waste incinerator facilities with regard to US Department of Justice and US Environmental Protection Agency civil enforcement actions, Consent Decree implementation, and Clean Air Act information requests.
Represented a major North American energy company with respect to multiple environmental criminal investigations.
Represented a coalition of coal-fired power plant owners in litigation challenging the Pennsylvania Department of Environmental Protection’s CO2 Budget Trading Program, which is designed to implement the Regional Greenhouse Gas Initiative (RGGI) in Pennsylvania.
Represented oil and gas industry clients in defending against administrative enforcement actions involving alleged wetlands encroachments, erosion and sediment control issues, waste disposal requirements and well permitting violations.
Represented a large oil refinery in complex CERCLA natural resource damages litigation in federal district court.
Represented a diversified energy production, transmission and distribution company in contested municipal stormwater ratemaking proceeding before the Philadelphia Water Department.
Represented a bottled water production company in a contested special exception hearing before a municipal zoning hearing board in Northeastern Pennsylvania.
Represented a cardboard manufacturing company in a variance proceeding before a municipal zoning hearing board in Southcentral Pennsylvania.
Regulatory Compliance
Advised shale gas production companies on compliance with updated environmental protection provisions of Pennsylvania’s Oil and Gas Act (Act 13), Chapter 78/78a 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.
Drafted public comments on the US Environmental Protection Agency's Clean Power Plan.
Monitored Pennsylvania Public Utility Commission and Environmental Hearing Board proceedings on behalf of interstate pipeline and private equity clients.
Public Comments
Drafted public comments on the Pennsylvania Department of Environmental Protection’s CO2 Budget Trading Program.
Drafted public comments on the New York Department of Environmental Conservation’s proposed regulations and environmental impact statement on high-volume hydraulic fracturing.
Drafted public comments on the Susquehanna River Basin Commission’s low-flow protection policy and technical guidance.
Drafted public comments on the Pennsylvania Department of Environmental Protection’s general permit for air emissions from natural gas processing and production facilities (GP-5).
Pro Bono
Counseled a nonprofit nature conservancy regarding interpretation and enforcement of conservation easement requirements.
Obtained a precedential opinion from the United States Court of Appeals for the Third Circuit in representation of a Salvadorian national in his appeal of a deportation order issued by the Board of Immigration Appeals. See Mayorga v. Attorney General, 757 F.3d 126 (2014).
Successfully represented a domestic abuse victim in an appeal from the issuance of a Protection from Abuse (PFA) order before the Pennsylvania Superior Court.
