| ENVIRONMENTAL DESKBOOK 1998 |
| ATTORNEY RESUMES |
| WASHINGTON (202) 467-7000 |
Mr. Quarles heads Morgan Lewis Environmental Practice Group. Formerly with the EPA, Mr. Quarles served as its first General Counsel and Assistant Administrator for Enforcement, then for four years as Deputy Administrator, and briefly as Acting Administrator. Mr. Quarles writes extensively on environmental issues. He is the co-author of The NEW Clean Air Act: A Guide to the Clean Air Program as Amended in 1990 and is the author of Cleaning Up America; Federal Regulation of New Industrial Plants; and Federal Regulation of Hazardous Waste: A Guide to RCRA. He is a member of the Board of Directors of BetzDearborn Corporation and the Christian Broadcasting Network and is the former Chairman of the Environmental Quality Committee of the American Bar Association. He also is the founder of, and serves as counsel to, The Information Network for Superfund Settlements.
For more than 20 years since graduating first in his law school class, Mr. Albright has concentrated on handling complex litigation, including private party cost recovery and one of the largest natural resource damages lawsuits. Mr. Albright has represented both claimants and defendants in Superfund litigation involving joint ventures and subsidiary corporations.
Mr. Casey is a partner in the Firm s Labor and Employment Section. He served as editor of the Georgetown Law Journal and clerked for the Fourth Circuit. He has participated in enforcement proceedings before the U.S. Occupational Safety and Health Review Commission, the Federal Mine Safety and Health Review Commission, and various state OSHA enforcement tribunals. In addition, he is co-author of a chapter in the supplement to Occupational Safety and Health Law and wrote a book review on an OSHA law treatise for the Transportation Law Practitioners Journal.
Mr. Coffey is co-chair of the firm s Legislative Practice Group. His practice focuses on advising clients on legislation, legislative strategy, parliamentary procedure, and campaign spending laws. He also advises clients generally on public policy issues, such as matters pending before various federal departments and agencies. Prior to joining the firm in June 1997, Mr. Coffey spent over twenty-five years on Capitol Hill, working on a broad array of issues, with a particular emphasis on antitrust, administrative law, liability issues, and government contracts. Mr. Coffey was deputy general counsel of the U.S. Department of Housing and Urban Development (HUD) from 1981 to 1983. From 1983 to 1994, he held the position of the Judiciary Committee s Chief Republican Counsel. Most recently he served as the general counsel and staff director of the House Judiciary Committee from January 1995 until March 1997.
Mr. Edgar is head of Morgan Lewis Energy Practice Group and co-leader of the nuclear energy practice. He began his career as a nuclear engineer on the staff of Admiral H. G. Rickover. Since 1970, he has served as lead counsel for electric utilities, nuclear reactor manufacturers, and nuclear fuel cycle companies in a series of high profile nuclear and environmental controversies before the NRC, the federal courts, and various congressional oversight committees, including the Clinch River Breeder Reactor Plant, the Three Mile Island accident, and a number of commercial nuclear plant projects.
Mr. Gallen is a partner in the Firm s Government Regulation Section. He has participated in commercial transactions and regulatory proceedings for new power plants and other energy-related facilities before the NRC, Federal Energy Regulatory Commission, and Securities and Exchange Commission, including the environmental reviews and approvals associated with these projects. He has also been actively involved in government contracts matters and decommissioning and decontamination issues related to the cleanup of nuclear facilities and sites and to the treatment and disposal of nuclear wastes. A registered professional engineer, Mr. Gallen also regularly serves as an arbitrator and mediator for the American Arbitration Association on disputes arising under major construction contracts.
Mr. Gardner heads Morgan Lewis litigation practice in its Washington office. As Co-Chairman of the Firm s Corporate Investigations and Criminal Defense Practice Group, Mr. Gardner represents a number of clients in environmental criminal matters. From 1971-1979, Mr. Gardner held several government posts, including Chief of the Criminal Civil Rights Section at the U.S. Department of Justice.
Mr. Glasgow began his environmental law practice in 1970 as a charter member of the Pollution Control Section of the U.S. Department of Justice s Land and Natural Resources Division, where he litigated various actions involving the dredging and discharge of materials into navigable waters and argued appeals before several U.S. courts of appeals in precedent setting cases, including International Harvester Co. v. Ruckelshaus, 478 F.2d. 615 (D.C. Cir. 1973). From 1974 to 1976, he litigated environmental and other cases as a senior attorney in the Office of General Counsel of the Atomic Energy Commission and the NRC. From 1976 to 1981, he provided counsel on international environmental and other matters as senior legal advisor and Deputy Assistant General Counsel for the Energy Research and Development Administration and the U.S. Department of Energy. Since entering private practice in 1981, Mr. Glasgow has advised clients on environmental issues arising from the export, import, and transportation of nuclear materials and hazardous waste and the performance of contracts with the Department of Energy and other federal agencies. Mr. Glasgow was Chairman and is presently a member of the Board of WM Symposia, Inc., a non-profit corporation that presents annual environmental remediation and nuclear waste management conferences. From 1969 to 1970, he was a law clerk for Chief Judge Richard Chambers of the U.S. Court of Appeals for the Ninth Circuit.
Ms. Gleason is a partner responsible for FDA-related matters. She is involved in counseling and litigation for a broad array of international clients on regulatory and legal issues involving the manufacture and marketing of medical devices, pharmaceuticals, and other products regulated by the FDA. Ms. Gleason has spoken at numerous programs in the U.S. and internationally concerning such issues as clinical testing of FDA-regulated products, FDA product reviews, postmarket reporting, U.S. product liability, biotechnology developments, medical device compliance, and related issues. She also has taught various law courses and written extensively concerning the Food and Drug Administration.
Mr. Gutierrez is a partner in the Government Regulation Section. He represents utility companies in a variety of matters before the U.S. Nuclear Regulatory Commission, including inspection, investigation and enforcement issues. An active lecturer at conferences on nuclear matters, Mr. Gutierrez recently published a text, Fundamentals of Nuclear Regulation in the United States. Mr. Gutierrez joined the U.S. Nuclear Regulatory Commission in response to an increase in litigation following the accident at Three Mile Island. He served as a hearing attorney in the Office of the Executive Legal Director from 1980-1983. From 1983 to 1989, Mr. Gutierrez was regional counsel to the U.S. Nuclear Regulatory Commission, Region I. In that capacity he provided legal review of NRC inspections and investigations, as well as regional operational readiness assessments that became partial bases for numerous licensing decisions for nuclear power plants throughout the Northeast.
Ms. Halladay practices in the federal energy and environmental regulation areas. She has served as Chairman of the Water Quality Committee and the Natural Gas Marketing and Transportation Committee of the American Bar Association s Section of Natural Resources, Energy and Environmental Law. She has also served as Chairman of the Environment Committee of the Federal Energy Bar Association and as a member of the Board of Directors of the Foundation of the Energy Law Journal. She currently is Vice Chairman of the Natural Gas Committee of the American Bar Association s Section of Public Utility, Communications and Transportation Law. She is a frequent speaker at programs concerning regulatory issues in the natural gas industry.
Mr. Healy litigates various environmental matters such as NEPA applicability and mitigation issues, ground water degradation, and nuclear site decommissioning issues before the federal courts, the Federal Energy Regulatory Commission, and the NRC. Mr. Healy is a magna cum laude graduate of the Harvard Law School and was an editor of the Harvard Law Review. Upon graduation, he served as a law clerk to the Honorable Inzer B. Wyatt, U.S. District Court for the Southern District of New York.
Specializing in clean air issues, Mr. Lewis represents trade association and corporate clients in numerous federal rulemakings under the 1990 Clean Air Act Amendments, challenges to such rulemakings in the D.C. Circuit, enforcement litigation, state implementation plan litigation, other trial and appellate litigation, and a broad range of other proceedings under the 1990 Amendments. He serves as counsel to the Clean Air Implementation Project, a group of more than 20 major corporations organized to address key issues of interest to a broad cross-section of industry under the 1990 Amendments. He also is counsel to the Clean Air Act Information Network, an organization made up of more than 50 corporations and law firms, which provides educational and information services. He is a member of EPA s national Clean Air Act Advisory Committee and co-chair of the Committee s subcommittee on air toxics, permitting and enforcement issues. He teaches a course on the Clean Air Act at the University of Virginia Law School. His previous positions include Director of the Congressionally-established National Commission on Air Quality and Executive Officer of the California Air Resources Board. Mr. Lewis co-authored The NEW Clean Air Act: A Guide to The Clean Air Program As Amended in 1990 and authored Title V Permitting Under the Clean Air Act. He also has written numerous articles on environmental regulation and related constitutional issues.
Mr. Mahinka is the author of numerous articles in the areas of food and drug law and antitrust trade regulation law and was a member of the Editorial Advisory Board of the Food and Drug Law Journal. He has regularly spoken at programs sponsored by the Food and Drug Law Institute, the Regulatory Affairs Professionals Society, and other groups in both the United States and Japan on such subjects as the development and marketing of drugs and devices in the new managed care environment, pharmaceutical industry restructuring and new marketing approaches, biotechnology regulation, OTC drug approval and marketing, strategies concerning patent term extension and marketing exclusivity, and regulation of food components and contaminants. He was Executive Editor of the Harvard International Law Journal. Following law school, he was a law clerk to the Chief Justice of the Massachusetts Appeals Court. He is a former Trustee of The Johns Hopkins University.
Mr. Martin, who holds a graduate degree in engineering, represents clients in hazardous waste permitting and compliance matters, Superfund and related litigation, and in environmental assessments in support of mergers, acquisitions, public offerings, and financings. He serves as counsel to the RCRA Corrective Action Project, a group of Fortune 100 companies committed to the orderly and cost-effective implementation of EPA s corrective action cleanup authorities. Prior to joining Morgan Lewis, Mr. Martin worked with the National Oceanic & Atmospheric Administration, expediting federal agency environmental permitting reviews. While with the U.S. Coast Guard, Mr. Martin represented the U.S. in negotiation and implementation of multinational treaties governing marine pollution prevention. Mr. Martin is the RCRA Editor of the EPA Administrative Law Reporter and a lecturer on many aspects of EPA s RCRA hazardous waste management program.
Mr. Mitchell is in Morgan Lewis government and construction contracts practice. As a frequent lecturer and author on changes, delays, and unexpected site conditions, Mr. Mitchell advises owners and construction companies of the contractual provisions that protect against liability for unexpected environmental contamination. He presented a paper on "International Hazardous Waste Contracting and Practices" at the Hazardous Waste Action Coalition s tenth annual meeting in Washington, D.C. Mr. Mitchell served with the American Bar Association as National Chairman of the Public Contract Law Section and, as Chairman of the Committee on Environmental and Ecology Law, is a Fellow of the Public Contract Law Section, and a Fellow of the American College of Construction Lawyers.
Mr. Moore s practice focuses on government and commercial construction contracts, including environmental and nuclear remediation services, and involves contract negotiation and drafting, as well as the preparation and defense of claims arising under such contracts. Mr. Moore is also experienced in the resolution of disputes arising under government and commercial construction contracts. His representations have involved matters such as international aerospace contracts and a variety of construction projects, including waste water treatment plants, dams, energy facilities and other technically complex facilities. An active speaker and writer, Mr. Moore has written or co-written several articles on government contract and construction law issues, including "How Owners Defend Construction Claims," "Problems in Contract Formation," "How Hospitals and Medical Facilities Manage Claims Risks on Construction Projects," and "Consultants and Conflicts of Interest." Mr. Moore is a member of the American Bar Association s Public Contract Law Section and the Construction Litigation Committee of the Litigation Section.
Mr. Ness, a magna cum laude graduate of Harvard Law School, has extensive experience in counseling on environmental contracting matters. He has had substantial involvement in the cleanup programs administered by EPA, the Department of Defense, and the Department of Energy. Mr. Ness has also litigated a wide variety of issues arising under hazardous waste remediation contracts and instances in which hazardous waste was encountered during the course of construction projects in both the private and public sectors. Mr. Ness authored "Contracting for Environmental Remediation," which appeared in Construction Business Review, and co-authored "Trends and Contractor Liability for Hazardous Waste Cleanups: The Current Legal Environment," which appeared in the Public Contract Law Journal. A second edition of "Trends" was separately published by the Hazardous Waste Action Coalition in 1995.
Mr. Newman is co-head of Morgan Lewis Nuclear Energy Practice Group. He served in the Office of the General Counsel of the U.S. Atomic Energy Commission, as Staff Counsel to the Joint Congressional Committee on Atomic Energy, and as Secretary and General Counsel of the Nuclear Materials and Equipment Corporation. He has represented major electric utilities in virtually every facet of their nuclear programs. Mr. Newman is a member of EEI s Lawyer s Committee. He has also served as an advisor and member of the U.S. delegations to the Brussels Convention on Liability of Operators of Nuclear Ships and to the Vienna Conference on Civil Liability for Nuclear Damage, and as a consultant to the Secretary of Energy on defense facilities programs and other nuclear-related matters.
Mr. Norton concentrates on electric utility issues, with an emphasis on utility responses to competition. He has practiced in the utility and energy field since receiving his J.D. degree from the University of Virginia in 1975. A Vice Chairman of the antitrust Committee of the ABA Public Utility Law Section and a former Vice chairman of the Electric Power Committee of the ABA Natural Resources Law Section, Mr. Norton is an expert in electric utility wholesale and transmission rates and regulation, cogeneration and independent power production, and the negotiation and drafting of power contracts. He is currently working on several utility merger and restructuring initiatives, as well as on utility responses to industrial competition. Mr. Norton has spoken at numerous conferences on issues including utility restructuring, stranded costs, the wholesale service obligation of electric utilities, access to electric transmission and distribution lines, competition for industrial customers, and independent power production. In addition, Mr. Norton is the author of several articles and primary author of a handbook on electric power purchasing.
Mr. Roth works extensively with Clean Water Act, Superfund, Clean Air Act, NEPA litigation, and with environmental claim issues raised in bankruptcy proceedings. He also handled toxic tort litigation as an attorney with the U.S. Department of Justice in the Environmental and Occupational Disease Litigation Unit. Mr. Roth clerked for the Michigan Supreme Court and the U.S. Court of Appeals for the Sixth Circuit.
For more than a decade, Mr. Rubin served as the principal environmental law instructor to the U.S. Army Corps of Engineers, emphasizing RCRA, CERCLA, the Clean Water Act, endangered species, and NEPA. Mr. Rubin served with the Office of General Counsel, EPA, and the Appellate Section, Environment and Natural Resources Division, U.S. Department of Justice. He has lectured in Japan and has been a frequent guest instructor at Cornell University s Law School, Business School, and College of Engineering. His books and articles include the "Safe Drinking Water Act" chapter of the Environmental Law Practice Guide (Matthew Bender), Environmental Controls in the European Community, Federal Regulation of Toxic Substances, Superfund in the Courts, Federal Environmental Law Constraints on Drinking Water Supply Development, and What the Business Executive Needs to Know About Environmental Laws and Regulations. His M.S. thesis addressed the use of activated carbon and chlorine to convert municipal sewage to drinking water.
Ms. Sanzo concentrates in counseling and litigation for a broad array of U.S. and international clients in Food and Drug Administration regulatory and legal issues involving the manufacture and marketing of prescription and over-the-counter drugs, biologics, novel foods, medical devices, and biotechnology-derived products. Her practice has involved advising clients about pre-market review of drug and medical device products, post-market reporting, inspectional/enforcement matters, marketing issues associated with product promotion and health care reimbursement, product liability issues, and representation with respect to state and multistate investigations of FDA-regulated products. She was a Food and Drug Law Institute Fellow in 1983 and clerked in the FDA Office of General Counsel form 1983-1984. Ms. Sanzo received her A.B. from Duke University in 1979, her J.D. from Emory University Law School in 1982, and her LL.M. from the National Law Center, The George Washington University, in 1985. She has spoken at conferences in the U.S. and Europe on the regulation of biotechnology products and other FDA-regulated matters. She also has authored several articles concerning FDA, health care reimbursement issues and the restructuring of the pharmaceutical industry, biotechnology, and drug product regulation in both the U.S. and Japan.
Mr. Schatzow concentrates on chemical regulation and risk assessment, including regulation of pesticides, toxic substances, and biotechnology-derived products. His experience extends to water pollution issues, including pretreatment, NPDES permits, and citizen suits. Mr. Schatzow joined Morgan Lewis with 10 years experience in senior positions with the EPA, directing its Pesticide Programs and Office of Water Regulations and Standards. He has also served in EPA s Office of General Counsel and had responsibility for water and hazardous waste. Mr. Schatzow authors numerous articles on environmental decisionmaking, toxic torts, and biotechnology.
Mr. Silverman represents NRC materials licensees, nuclear power plant operators, DOE nuclear facility contractors, and low-level waste treatment and processing companies on the full range of licensing and regulatory issues associated with the possession of radioactive materials and the generation, treatment, storage, and disposal of low-level and mixed wastes. He has spoken extensively on such topics as the regulation of mixed wastes, the storage and disposal of low-level waste, and nuclear regulation of DOE facilities. He has represented an amicus curiae group in litigation before the U.S. Supreme Court regarding the 1985 Low-Level Radioactive Waste Policy Amendments Act.
Ms. Speights works on Superfund, toxic tort and products liability, and insurance coverage litigation. She teaches products liability as an Adjunct Professor at the Washington College of Law of American University. Ms. Speights clerked for the Honorable Aubrey E. Robinson, Jr., Senior Judge, U.S. District Court for the District of Columbia.
Mr. Steinberg concentrates on hazardous waste litigation and counseling under RCRA and CERCLA. Among his best-known cases is United States v. Olin, 927 F. Supp. 1502 (S.D. Ala. 1996), rev d, 107 F.3d 1506 (11th Cir. 1997), where the trial court declared Superfund liability to be non-retroactive and struck down its application to localized contamination as violative of the Commerce Clause. Mr. Steinberg recently defended a RCRA landfill permit against an environmental justice challenge before EPA s Environmental Appeals Board, in the first case to interpret President Clinton s 1994 Executive Order on environmental justice. He serves as common counsel at the BROS Superfund site in New Jersey, where he negotiated a landmark settlement under which the U.S. Department of Defense will pay most of the $300 million in cleanup costs at the site. Mr. Steinberg also served as lead counsel in Shell Oil Co. v. EPA, 950 F.2d 741 (D.C. Cir. 1991). In that case, he persuaded the D.C. Circuit to overturn EPA s "mixture" and "derived-from" rules under RCRA. Before he rejoined the Firm in 1987, Mr. Steinberg was Assistant Chief of the Environmental Defense Section at the U.S. Department of Justice, where he supervised and handled litigation under all of the federal environmental statutes. His article," Environmental Justice and RCRA Permits: Nothing Is Quite What It Seems," was published recently in the BNA Environment Reporter. From 1977 to 1979, Mr. Steinberg served as a judicial law clerk to the Honorable Alfred L. Luongo in the U.S. District Court for the Eastern District of Pennsylvania.
Mr. Weir litigates a variety of environmental matters, including a complex Superfund case entailing significant natural resource damages. Mr. Weir also handles environmental insurance claims and coverage issues. Mr. Weir served as a law clerk to the Honorable Walter P. Gewin, U.S. Court of Appeals for the Fifth Circuit.
Mr. Bauser s work involves representation of electric utilities and other clients concerning matters related to NRC and EPA regulation. He also has substantial responsibility for the Firm s representation of the electric utility industry s nuclear waste and transportation program organized under the auspices of the Nuclear Energy Institute. Mr. Bauser has written a number of articles concerning atomic energy law. These include: "United States Nuclear Export Policy: Developing the Peaceful Atom as a Commodity in International Trade," in the Harvard International Law Journal; and "The Development of Rulemaking Within the Atomic Energy Commission: The Nuclear Regulatory Commission s Valuable Legacy," in the Administrative Law Review. He has also presented a number of speeches and papers on topics associated with nuclear law.
Mr. Daniel is a former Chief of Staff to the Administrator of the EPA, and held environmental legal positions in Alabama and Ohio. Mr. Daniel has been involved in environmental legislation, regulation, policy, and contracting in the private sector and federal and state governments for all of his career. Mr. Daniel counsels environmental and engineering management firms on risk sharing policies and legislation, government contract compliance, debarment proceedings, acquisitions, permitting requirements, bid protest proceedings, and facility closures. More recently, Mr. Daniel has counseled clients on Brownfield cleanup options and Superfund legislation issues. Previously, Mr. Daniel counseled a wide range of clients in all media programs conducted at the federal, state, and local government levels. Mr. Daniel co-authored the book "Trends in Contractor Liability for Hazardous Waste Cleanups."
Mr. McCord concentrates on counseling, rulemaking issues, and litigation arising under the 1990 Clean Air Act Amendments. Prior to joining Morgan Lewis, Mr. McCord served for seven years as Assistant Chief of the Environmental Defense Section at the U.S. Department of Justice and in that position was responsible for supervising the litigation of all petitions for review challenging EPA s rulemaking actions, permit decisions, and other reviewable actions. He has handled a broad range of litigation under all of the federal environmental statutes.
Mr. O Brien is a litigator with environmental experience in toxic torts, petroleum contamination of soil and ground water, underground storage tank issues, products liability, and Superfund litigation, including private cost recovery actions. His practice includes trial and appellate matters as well as alternative dispute resolution proceedings. Mr. O Brien has served as a faculty member for training sponsored by NITA, the National Institute of Trial Advocacy. Before practicing law, he worked for more than 10 years in federal and local government.
Mr. Peterson focuses on international nuclear issues, including liability for nuclear damage, licensing of containers and facilities and international options for disposition of high-level and low-level radioactive waste. He has worked in Europe, Japan and Russia. Mr. Peterson played a major role representing the Russian government in the negotiations of agreements to dispose of excess nuclear materials. Mr. Peterson served as legal counsel within General Electric s Nuclear Energy Division and as Division Counsel to the Aircraft Equipment Division. In 1983, he joined Cogema, the French nuclear fuel company, as the Executive Vice President of its U.S. subsidiary. Mr. Peterson later served as President of Nuexco during the period when Nuexco came to prominence as the leading international fuel trading company.
Mr. Sarnoff, author of the article on Risk Assessment in the 1997 Deskbook, focuses principally on the Resource Conservation and Recovery Act, the Clean Air Act, and the Superfund law. Mr. Sarnoff represents corporate and trade association clients before the EPA and state regulatory agencies, and in federal appellate and trial courts. Mr. Sarnoff has more than 10 years of experience with state, federal, and international environmental laws and litigation. Before joining the firm in 1996, "Professor Sarnoff" taught at the University of Arizona College of Law, practiced environmental law in Washington, D.C., served as an attorney-advisor in the U.S. EPA s Office of General Counsel, and clerked for Hon. Irving L. Goldberg (deceased) of the U.S. Court of Appeals for the Fifth Circuit. Mr. Sarnoff is an active contributor to a variety of publications and has also published a number of law review articles addressing environmental law, constitutional law, and legal theory. He compiled, edited, and wrote an introductory guide to the 1993 American Bar Association SONREEL publication RCRA Policy Documents: Finding Your Way Through the Maze of EPA Guidance on Solid and Hazardous Waste. He has authored "Analysis and Perspective" articles on the regulation of interstate and international management of hazardous waste for BNA s Environment Reporter and International Environment Reporter.
Ms. Earhart s practice covers a variety of environmental matters, including Superfund, RCRA, Clean Air, and Clean Water issues. Prior to joining Morgan Lewis, Ms. Earhart served in the Environmental Crimes Section at the U.S. Department of Justice, where she prosecuted violations of several pollution control statutes. Ms. Earhart clerked for the Honorable John M. Duh‚, U.S. Court of Appeals for the Fifth Circuit.
Ms. Grant s practice focuses on compliance issues, litigation and rulemakings arising under the Clean Air Act. She has represented clients in federal and state enforcement actions, citizens suits, federal rulemaking proceedings, and a variety of permitting actions. Ms. Grant negotiated a comprehensive settlement agreement with the Environmental Protection Agency under which the agency made significant revisions to a major air toxics rule. She also has experience representing clients in advocacy activities before the EPA and Congress. Ms. Grant served as an instructor for the Environmental Law and Regulation Course of the George Washington University School of Continuing Education. Ms. Grant was an editor of the Kentucky Law Journal.
Mr. Matthews works on a variety of issues including agency planning under NEPA, radioactive waste disposal, and nuclear facility siting and regulation. Prior to practicing law, he served in the commercial nuclear industry and as a nuclear engineer in the Naval Nuclear Propulsion Program. Mr. Matthews clerked for the Honorable H. F. "Sparky" Gierke, U.S. Court of Military Appeals.
Mr. Maysonett, a magna cum laude graduate of the NYU School of Law, works on a variety of environmental matters, but focuses on analyzing developments in the Superfund program for the Information Network for Superfund Settlements.
Mr. Plunkett is a litigator with environmental experience in petroleum contamination and Superfund litigation, including private cost recovery actions.
Ms. Stein is a litigation associate who has worked on a variety of environmental matters, including a trial in a CERCLA private cost recovery action. While a member of the George Washington Law Review, she was published in its annual D.C. Circuit Review. Ms. Stein has also co-authored an article on products liability law.
Mr. Swift specializes in Superfund litigation, including government and private party cost recovery actions. He also handles regulatory compliance matters under TSCA, NEPA, FIFRA, and the Endangered Species Act. Prior to joining the Firm, Mr. Swift served as a law clerk for the Honorable Benson Everett Legg in the U.S. District Court for the District of Maryland and was an editor of the Cornell Law Review.
Mr. Swinburn, has been extensively involved in Superfund litigation and also works on RCRA and PCB matters. He authored the article on Private Party Cost Recovery in the 1994 Deskbook. Prior to attending the University of Pennsylvania Law School, from which he graduated magna cum laude, Mr. Swinburn managed a nationwide hazardous waste remediation company, overseeing more than 2,300 private and public sector cleanups.
Mr. Waldron is a litigator with environmental experience in Superfund litigation, including private cost recovery actions.
Mr. Wilan is a cum laude graduate of Harvard Law School and was Supervising Editor of The Harvard Environmental Law Review. He works on a wide variety of environmental matters and is editor-in-chief of this deskbook as well as Page One News and the Environmental Regulatory Report.
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Mr. Myers, who combines a legal and engineering background, is Vice Chairman of the Environmental Practice Group. In the air pollution area, Mr. Myers defended major prosecutions under federal and state laws and won a total acquittal in a major case before the EPA under Clean Air Act 120. He also achieved one of the earliest Superfund settlements for a lead smelter in Dallas, Texas before EPA Region VI. He is a Director of the Water Resources Association of the Delaware River Basin, served as Chair of the Year 2000 Environment Committee of the Delaware Valley Regional Planning Commission, and was a member of the Pennsylvania Environmental Hearing Board Rules Committee. His publications include Environmental Spill Reporting Handbook (Clark Boardman Callaghan 1994); the Pennsylvania Chapter of Environmental Law Practice Guide (Gerrard, ed. Matthew Bender 1992); "State Environmental Statutes: Practical Approaches to Reduce Environmental Cleanup Costs" (PLI 1988); and "Federal Environmental Control: The Current Trend to Centralized Regulation."
Mr. Brenan has been extensively involved in litigating Superfund and RCRA cases. Since 1980, he has served as lead counsel for both individual companies and groups of companies in dozens of Superfund cases, including private cost recovery actions. He has extensive toxic tort and environmental insurance coverage experience and has represented parties charged with environmental crimes.
Mr. Calvert, a litigator, served as the managing partner of the Firm for seven years, and currently serves as the Manager of the Firm s Litigation Section, consisting of over 200 litigators. He concentrates on complex, multi-party litigation, including litigation concerning the siting of hazardous waste treatment facilities and other compliance issues under RCRA.
Mr. Collings provides environmental regulatory advice and assistance, transactional support on environmental issues, and representation in administrative and judicial environmental litigation. He has substantial experience in citizen suits, federal and state administrative hearing procedures (including EPA, Penn., and N.J.), New Jersey ISRA, State Brownfields programs and property transfer laws, and federal and state permit procedures under the Clean Water, Clean Air, and Solid and Hazardous Waste programs. A former Associate Regional Counsel and Branch Chief at EPA Region III (Mid-Atlantic Regional Office based in Philadelphia), Mr. Collings brings detailed knowledge of federal and state environmental organizations and their personnel to his work. His is a former chair of the Philadelphia Bar Association s Environmental Law Committee (1986) and is presently Secretary and Executive Committee member of the Delaware River Basin Water Resources Association.
Mr. Dennis joined the Firm after holding the positions of Acting Deputy U.S. Attorney General, Assistant Attorney General for the Criminal Division, U.S. Attorney for the Eastern District of Pennsylvania, and Chief of the Narcotic and Dangerous Drug Section during his 15-year career with the U.S. Department of Justice. As Assistant Attorney General for the Criminal Division, Mr. Dennis was responsible for criminal prosecution policy, criminal litigation, and criminal legislation on a nationwide basis. Mr. Dennis is co-chair of the firm s Corporate Investigations Criminal Defense Practice Group. He currently serves on the Board of Overseers of the University of Pennsylvania, and on the Board of Directors of the American Arbitration Association. He is a member of the American College of Trial Lawyers and of the National Association of Former United States Attorneys.
Mr. Dodds practice focuses on the representation of individuals and corporations in commercial litigation and white collar crime matters. Mr. Dodds began his association with the firm in 1985. In 1988, he accepted an appointment as an Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney s Office for the Eastern District of Pennsylvania. In that position, Mr. Dodds handled the investigation and prosecution of a wide range of federal crimes, including environmental offenses. Mr. Dodds rejoined the firm in January 1993, when the firm undertook the representation of the Commonwealth of Pennsylvania, Office of Attorney General in connection with an investigation of alleged improprieties by members of the Pennsylvania Supreme Court.
A significant area of Mr. Kenworthy s practice has been toxic tort litigation. He has tried civil cases in state and federal courts around the country, successfully defending clients against attempts to use CERCLA in cases involving products with hazardous substances as constituents. Mr. Kenworthy also defends civil suits claiming personal injury and environmental damages to lands adjoining manufacturing facilities.
Mr. Kraeutler represents corporations in commercial litigation, environmental, and white collar criminal defense matters. His experience includes extensive involvement with criminal environmental investigations at both the state and federal levels. From 1984 to 1987, Mr. Kraeutler served in the Criminal Division of the U.S. Attorney s Office for the Eastern District of Pennsylvania, where he investigated and prosecuted complex business crimes.
Mr. MacGregor s principal areas of practice are public utility and environmental regulation. He represents and counsels electric, gas, water, and oil pipeline companies on a wide variety of legal and regulatory matters, including environmental issues. He has particular experience in cases involving electromagnetic fields and the cleanup of manufactured gas plant sites. Mr. MacGregor served as a law clerk to the Honorable H.E. Widener, Jr., U.S. Court of Appeals for the Fourth Circuit.
Mr. McMenamin regularly represents policyholders in negotiations and litigation with their carriers concerning coverage for environmental and toxic tort liabilities, particularly in Pennsylvania and New Jersey based matters. In recent years, he has achieved multi-million dollar settlements with a number of liability carriers in major environmental insurance litigations. He also has experience in Superfund and state environmental actions and personal injury suits involving exposure to chemical substances. He is Co-Chair of the Litigation Section s Insurance Practice Group. He is a member of the American Bar Association s Environmental Law Committee and the Section of Tort and Insurance Law. He served as the Co-Chair of the 1997 Pennsylvania Bar Institute s First Annual Insurance Law Institute, and he regularly writes and speaks on insurance coverage issues in a variety of areas, including environmental, toxic tort, employment discrimination and intellectual property.
Mr. Morikawa concentrates on labor and employment law and spends substantial time representing management in matters arising under the OSHA and Mine Safety and Health Act and litigating toxic tort cases. He is immediate past Management Co-Chair of the American Bar Association Committee on Occupational Safety and Health Law of the Section of Labor and Employment Law and is a member of the faculties of the Council on Education in Management, the National Employment Law Institute, and the Multi-National Business Institute. He is a Contributing Editor to the treatise Occupational Safety and Health Law (BNA 1988) and its 1990 Supplement and is co-editor of the 1993 Supplement. He is also a contributing author to the book Environmental Risk Management - A Desk Reference (RTM Communications, Inc. 1991). For many years, Mr. Morikawa has been involved in the development and implementation of OSHA policies for companies throughout the United States. He has also been actively involved in representing companies in the defense of OSHA citations and in the rulemaking process involving the development of major safety and health standards. He has appeared before the U.S. Supreme Court, numerous federal circuit courts of appeals and district courts, and the Occupational Safety and Health Review Commission.
Mr. Pagliaro has been in the Firm s Litigation Section since 1985, practicing primarily in the field of toxic tort litigation. Prior to joining Morgan Lewis, he was with the U.S. Department of Labor where he handled major litigation, including several prominent OSHA prosecutions. Mr. Pagliaro has acquired extensive jury trial experience and is extraordinarily well-versed in the scientific and medical aspects of tort litigation. Many of his cases have established precedents. In 1988, he tried and won the first asbestos in building case filed in the nation by the Cinnaminson School District. He was trial counsel in 1994 in a class action lawsuit involving the neighborhood surrounding a lead chemicals plant. Frequently published, Pagliaro s works have been the catalyst for articles in Newsweek, The Wall Street Journal, and other national publications. Mr. Pagliaro is the co-author of the "Toxic Torts" chapter of the Environmental Law Practice Guide (Matthew Bender), and of the chapter on "Strict Liability in the EC" for the upcoming BCI publication, European Economic Community Law.
Mr. Shecter is the Vice Chairman of the Firm s Business and Finance Section. He represents both publicly- and privately-held companies in merger and acquisition transactions as well as in public offerings, private placements, and joint ventures, many with significant environmental liability issues. He advises clients in the environmental industry on the proper documentation of their contractual relationships with customers, suppliers, subcontractors, and others, focusing on environmental liability risk allocation and indemnification. He lectures extensively on mergers and acquisitions, leveraged buyouts, corporate finance, and structuring corporate transactions to reduce environmental liability. Mr. Shecter also founded the annual Practicing Law Institute seminars on Acquiring and Selling Privately-Held Companies, and served as program chairman for ten years.
Mr. Stuart has an extensive practice in the area of environmental litigation, including the defense of complex governmental and private cost recovery actions under the federal Superfund and state HSCA laws (and related state law claims), as well as consent decree negotiations and the provision of legal support in the implementation of remedial actions. He also represents policyholders in pursuit of claims for environmental insurance coverage. Mr. Stuart served on the Virginia Law Review.
Mr. Thomas practices in the areas of environmental and science-based litigation and nuclear regulation. He has extensive experience in matters involving Superfund litigation, risk-based solutions to site remediation, water pollution control, and hazardous waste management. He has represented clients at several dozen Superfund sites in seven states and has served as counsel to the City of Philadelphia in the first reported Superfund case (City of Philadelphia v. Stepan Chemical Co.). Mr. Thomas served as Divisional Deputy Solicitor, Special Projects, for the City of Philadelphia. His experience also includes four years of conservation planning with the U.S. Department of the Interior.
Mr. Dillon represents clients in Superfund, toxic tort, and medical waste disposal litigation. He served as an editor of the Temple Law Review.
Mr. Valenza s principal practice areas are toxic tort, product liability and CERCLA-related litigation. His practice has concentrated on complex, multi-party litigation in state and federal courts throughout the country.
Mr. Bovino works on a variety of environmental matters, including TSCA, EPCRA, RCRA, and Superfund issues. Mr. Bovino also handles chemical regulation issues arising under OSHA and hazardous materials transportation law. He has a graduate degree in organometallic synthesis and polymer chemistry. Mr. Bovino served as Communications Editor of The University of Chicago Law Review, and he clerked for the Honorable Samuel A. Alito, Jr. of the U.S. Court of Appeals for the Third Circuit.
Ms. Donohue-Babiak s practice focuses on environmental litigation in both state and federal courts. She represents corporate PRPs in Superfund investigations as well as in litigation, and she has experience in allocation and settlement matters, environmental insurance issues, and coordinating the efforts of PRP committees and technical consultants. In addition, Ms. Donohue-Babiak has represented clients in toxic tort and product liability actions litigation in several jurisdictions.
Mr. Greco handles a variety of environmental litigation matters arising under CERCLA, RCRA, and similar state statutes. His practice in these areas includes not only representing clients in various federal and state court actions but also representing clients involved in private alternative dispute resolution proceedings. In addition, Mr. Greco handles toxic tort litigation matters, and he is co-author of "Toxic Torts," one of the chapters in The Environmental Law Practice Guide, named the best law book of 1992 by the Association of American Publishers.
Mr. Hurwitz represents clients in environmental matters relating to clean air regulation, Superfund, and hazardous and solid waste issues, including medical waste, criminal investigations, and corporate transactions. As a member of the Environmental Law Committee of the Philadelphia Bar Association, Mr. Hurwitz serves in the Clean Air Subcommittee. He also helped to develop comments on Pennsylvania s hazardous waste (PK-4) work group in developing State guidance documents under Pennsylvania s new hazardous waste program. Mr. Hurwitz served as editor of the University of Pennsylvania Law Review.
Mr. McAleese, a former chemical engineer, represents clients in a wide variety of matters involving federal, state and local air, water and hazardous waste regulation. In addition, Mr. McAleese has handled numerous Superfund matters. His practice focuses on litigation of environmental matters, counseling clients on civil and criminal enforcement actions and representing clients in business transactions involving industrial operations. Mr. McAleese has written numerous articles including Using the Freedom of Information Act in Superfund Cases, recently published in Environmental Compliance & Litigation Strategy.
| LOS
ANGELES
(213) 612-2500 |
Mr. Visser, Chair of the Los Angeles Government Regulation Section and Environmental Practice Group, specializes in environmental compliance and government contracts counseling as well as enforcement defense and both administrative and judicial litigation. He has substantial experience and expertise in CEQA, NEPA, Proposition 65, and federal, state, and local environmental and air quality laws, including the South Coast Air Quality Management District (SCAQMD) Regional Clean Air Incentives Market (RECLAIM) Program. Mr. Visser represents numerous commercial, transportation, energy, and government contract-related businesses concerning the land use and environmental permitting of complex projects and regulatory compliance before federal, state, and local agencies (including the Cal-EPA, California States Lands Commission, Coastal Commission, the SCAQMD, and other air, waste, and water regulatory agencies) as well as before federal and state courts. Mr. Visser was a Senior Lecturer at the University of California, Los Angeles School of Law Trial Advocacy Clinical Program, serves on the Advisory Board for the UCLA Journal of Environmental Law and Policy, the Editorial Board for Los Angeles Lawyer Magazine, the Executive Committee of the Los Angeles County Bar Association, Environmental Law Section and the SCAQMD Home Rule Advisory Committee. He is also a member of the California Environmental Business Council, Association of Iron and Steel Engineers and Association of Energy Engineers. Mr. Visser has written many articles on varied environmental issues, as well as being co-author of the California Independent Petroleum Association (CIPA) Environmental Manual.
Mr. Ellis practices in the real estate area with an emphasis on investment, development, and secured lending. He has significant experience in dealing with acquiring, disposal, and financing of contaminated properties, and he is a frequent lecturer to the banking industry on lender liability and other issues. He also has formed and represents several of the largest "brownfields" acquisition funds in the country.
As a litigation partner, Ms. Ordin has represented clients in a broad range of matters, including enforcement defense and counseling in Proposition 65 actions and defense of criminal and civil hazardous waste actions. Prior to joining Morgan Lewis, Ms. Ordin served as the U.S. Attorney for the Central District of California from 1977-1981, supervising all criminal and civil litigation. She was also Chief Assistant Attorney General of the State of California from 1983 through 1990, where she was in charge of environmental, consumer, antitrust, charitable trust, and civil rights litigation. Over the years, Ms. Ordin has led trial and negotiating teams in a variety of complex cases and has personally argued many appellate cases in the state and federal courts, notably California v. Nollan in the U.S. Supreme Court and five California Supreme Court cases testing the limits of California s consumer protection laws. Ms. Ordin is a former president of the Los Angeles County Bar Association and the Committee Chair of the Los Angeles County Bar Committee on Minorities in the Profession. She served on the American Bar Association Commission on Judicial Independence which issued its 125-page report at the 1997 Annual Meeting. Ms. Ordin is also a frequent author and panelist for continuing legal education programs, emphasizing environmental and litigation topics. She is the author of "Offenses Threatening the Safety of the Environment," a chapter in West s California Criminal Law (1995).
Andrew C. Peterson, Chair of the Los Angeles Office Labor and Employment Law Section, is an accomplished employment law litigator with substantial jury trial experience. He represents private and public employers in all aspects of employment and labor law, including advising clients on Occupational Safety and Health (OSHA) matters. He handles health and safety agency proceedings as well as litigation before the federal Occupational Safety & Health Review Commission and the California Occupational Safety and Health Appeals Board. Mr. Peterson has been a contributing author for the annual report of the Occupational Safety and Health Committee of the Labor Law Section of the American Bar Association. He coauthored a chapter entitled "Work and Public Notification" for the Environmental Law Practice Guide and he authored a book entitled California OSHA Compliance Handbook for Government Institutes.
Mr. Richler concentrates on insurance coverage litigation in California, where he has practiced since 1974. Mr. Richler handles bad faith claims and environmental coverage disputes as well as complex business litigation.
Mr. Wright, partner since 1978, is a litigator with emphasis on toxic tort and environmental cases. He has had considerable experience in defending pharmaceutical companies. In addition, he has experience in defending property damage claims in asbestos litigation. He is presently involved in litigation at several Superfund sites including Heckathorn and Stringfellow in California and Central Chemical in Maryland, regulatory matters in California and environmental problems connected with industrial sites and real estate transactions.
Mr. Esterkin has had involvement in all facets of bankruptcy practice and related Superfund claims, including the representation of debtors, creditors committees, secured creditors, and unsecured creditors. Mr. Esterkin has previously lectured about creditor s rights and the impact of environmental issues on real estate workouts.
Mr. Vacchio has experience in environmental matters relating to administrative proceedings, civil enforcement actions, and criminal prosecutions involving air quality matters, workplace exposure of employees to hazardous substances, and the alleged illegal transportation, storage, or disposal of hazardous wastes. Mr. Vacchio has also been involved in various private party and government cleanup proceedings. Mr. Vacchio is a litigator and is a member of the Firm s Environmental Practice and Corporate Investigation Criminal Defense groups.
Mr. Attanasio s litigation practice emphasizes environmental issues, especially private cost recovery CERCLA actions, toxic torts, and insurance claims and coverage lawsuits seeking defense and indemnification for clients involved in CERCLA and toxic tort actions. Mr. Attanasio has also defended clients in civil penalty actions brought by administrative agencies, including the South Coast Air Quality Management District, and in writs of mandate involving government agencies responsible for environmental and health matters. In addition to environmental cases, Mr. Attanasio has also handled a broad range of commercial litigation for industrial clients, including suits for defective pollution control equipment and other business disputes.
Ms. Heinz is active in a wide range of the Firm s litigation practice and devotes considerable time to environmental matters. Prior to joining Morgan Lewis, Ms. Heinz served as a law clerk to the Honorable Richard Alan Enslen, Chief Judge of the United States District Court for the Western District of Michigan.
Mr. Oppenheimer s practice focuses on hazardous waste site investigation and remediation projects and the counseling of businesses and financial institutions on general environmental compliance and liability issues. Mr. Oppenheimer also has established expertise in air quality matters, having represented a number of companies before the South Coast Air Quality Management District Hearing and Governing Boards. He has participated extensively in negotiating hazardous waste site cleanup agreements with the EPA, the California Department of Toxic Substances Control, and the California Regional Water Quality Control Board, and he has performed numerous due diligence investigations in the transactional setting. His experience also includes matters involving hazardous waste, the regulation of underground storage tanks, and wastewater. Mr. Oppenheimer has a strong technical background and holds a Master of Science degree in environmental biology. Prior to practicing law, he was an environmental scientist with the New Mexico Health and Environment Department where he gained extensive experience in pollution monitoring and control programs for ground and surface water.
| MIAMI
(305) 579-0300 |
Mr. Pettigrew manages Morgan Lewis Miami Environmental Practice Group. He handles cases involving all aspects of environmental regulation and litigation, including Superfund and hazardous waste, petroleum products, solid waste, medical waste, eminent domain, land use, marina sitings, submerged lands leasing, and environmental permitting. He represents clients with Superfund sites in EPA s Region IV. Mr. Pettigrew litigates in federal and state courts and appears in state and local administrative proceedings. Since 1994 he has chaired the Governor s Commission for a Sustainable South Florida, which has made recommendations regarding Everglades restoration, water management, brownfields legislation, sustainable land use policies and ecosystem management. In that capacity, he speaks to numerous groups on South Florida ecosystem management and sustainability issues and the potential application of the Commission s process and recommendations to other areas of the country. Mr. Pettigrew served as Special Assistant for Reorganization for President Carter (1977-1979) and was a member of the House and Senate of Florida for 11 years, serving as Speaker of the Florida House (1970-1972). He has published articles on the transfer of businesses and properties with contamination problems, on Superfund rights and remedies, and on insurance claims for environmental contamination. He has also lectured extensively on hazardous waste law for the Florida Bar Environmental and Land Use Law Section, the Florida State Chamber of Commerce, and at other environmental seminars.
Mr. Brochin is a litigation partner with experience in many areas of complex civil litigation. He has litigated substantial environmental matters under Superfund, the Clean Water Act, and state and local environmental laws. He also handles toxic tort claims (including class actions), products liability, underground storage tank litigation, ground water contamination, and a wide variety of other environmental and tort claims as a result of contamination. From 1991 through July 1993, Mr. Brochin served as the Florida Governor s Deputy General Counsel and then as his Inspector General. In that capacity, he worked directly with the Governor on a wide range of legal and policy issues, including advising the Governor and Cabinet on Developments of Regional Impact matters. Mr. Brochin was the Governor s liaison to various state agencies, including the Department of Environmental Protection and Department of Community Affairs. As the Governor s counsel, Mr. Brochin also served as General Counsel for the State Foreclosure Study Commission and has familiarity with lender liability issues under federal and state laws.
David Ashton practices in the areas of environmental regulatory compliance, litigation, and administrative law. On the regulatory side, this practice includes negotiating risk based cleanups, accessing Florida cleanup programs, pollution prevention planning, environmental compliance and auditing programs, and permitting in the areas of air, water, hazardous waste, health and safety law, and rule challenges. His practice embraces all aspects of solid and hazardous waste law under both federal and Florida s hazardous waste management programs, including defending administrative enforcement and civil penalty actions, and prosecuting cleanup program eligibility and reimbursement claims. Mr. Ashton also has extensive experience in litigating private cleanup cost recovery actions in Florida. Mr. Ashton is currently Chair of the Greater Miami Chamber of Commerce s Brownfields Redevelopment project.
Ms. Jacobsen holds a Ph.D. in ecology and joined Morgan Lewis with seven years experience as an ecologist with the National Park Service. She has extensive scientific experience in the freshwater wetlands of the Everglades and shallow marine ecosystems. Her scientific background enhances the development, evaluation, and understanding of technical environmental issues. Ms. Jacobsen s practice focuses on environmental litigation, including representation in federal and state court cases involving underground storage tanks; multiple-source contamination from drycleaners, service stations, and automobile repair shops; Superfund actions; citizen suits; NPDES permitting issues under the Clean Water Act; natural resource damage claims; wetlands permitting and NEPA-related issues; and endangered species issues.
Mr. Mitchell practices in the areas of environmental regulatory compliance and litigation. Prior to joining Morgan Lewis, Mr. Mitchell served as a Chemical Engineer for E. I. du Pont de Nemours & Co, Inc. At DuPont, Mr. Mitchell worked in the areas of water treatment and hazardous waste incineration. He also served as DuPont s representative to the Louisiana Electrical Utility Users Group. Mr. Mitchell studied law at The Law School of the University of Chicago and the Georgetown University Law Center, from which he graduated with honors. Mr. Mitchell was an Associate Editor of The Georgetown Law Journal and co-authored an article entitled "Procedural Means of Enforcement Under 42 U.S.C. 1983."
| NEW YORK
(212) 309-6000 |
Mr. Rothenberg leads Morgan Lewis environmental practice in its New York office. He represents businesses in a broad range of environmental matters, including administrative proceedings and litigation. Drawing upon three years experience as an environmental engineer, he has conducted many environmental audits of and negotiated terms for business, financial, and lending transactions involving industrial and commercial properties. He represents commercial and industrial clients in environmental insurance claims, toxic tort actions in private cost recovery actions under federal and state Superfund laws. He also acts as administrative and allocation counsel at National Priorities List and other Superfund sites. He has represented a number of international clients in developing programs to assure compliance with environmental, safety, and health laws. Mr. Rothenberg is the author or editor of numerous publications, including Environmental Risk Management: A Desk Reference (2d ed. 1998).
Mr. Cyr has substantial experience in all phases of litigation, including jury trials and appeals in state and federal courts. He has been engaged in a wide variety of commercial litigation, including private and government remedial cost recovery actions and toxic tort actions.
Mr. Dodds practices in both real estate and environmental areas, emphasizing real estate development, land use, and environmental matters related to real estate transactions. He has been involved in environmental issues related to the acquisition and development of real property as well as the negotiation of environmental remediation agreements for contaminated property, site assessment and remediation issues involving government agencies, and the drafting and negotiation of environmental consulting and remediation agreements. He is also experienced in the area of land use and environmental permitting.
Mr. Linsenmeyer, with over 30 years of practice as a trial lawyer, is involved in commercial litigation and has substantial experience in product liability cases, including federally-regulated pesticides and other chemicals, metals, and industrial products, as well as securities, financial, and contract matters. He has lectured in the United States and Canada on environmental litigation, toxic tort, and scientific evidence issues.
Ms. Alyea works on a variety of environmental matters, including Superfund, regulatory compliance and environmental issues associated with business transactions. While at New York University, she served as the Executive Research Editor of the Annual Survey of American Law.
Mr. Fahsbender is active in all areas of the environmental practice. He served as a law clerk to the Honorable Stewart G. Pollock of the New Jersey Supreme Court. He was Managing Editor of the NYU Environmental Law Journal, and has published an article entitled, "An Analytical Approach to Defining the Affected Neighborhood in the Environmental Justice Context."
Mr. Failla has substantial experience representing policyholders in negotiations and litigation with their insurance carriers in claims seeking coverage for environmental liabilities, products liability, business torts, and other commercial liability claims under liability policies, property policies, directors and officers liability insurance, fidelity bonds, environmental impairment liability and pollution legal liability policies, and marine insurance policies. Mr. Failla s practice also includes securities litigation and regulatory matters, internal investigations, international arbitration, intellectual property, and other commercial litigation matters. He is a member of the Litigation and Tort and Insurance Practice Sections of the American Bar Association, and the Insurance Coverage Litigation Committee of the ABA s Litigation Section. He also writes and lectures on insurance coverage issues and is the co-author of Insured s Perspective on the Pollution Exclusion Clause.
Ms. Howland-Kruse is engaged in a wide variety of commercial litigation, including toxic tort, ground water contamination, fraud, and private and government cost recovery actions.
Ms. McInerney is a senior litigation associate with substantial experience in commercial litigation. She has represented clients in actions involving private cost recovery litigation, contract disputes concerning environmental indemnification claims, and product liability claims.
Mr. Pennington is active in a wide range of environmental matters, including regulatory compliance counseling, hazardous waste and Superfund matters, private cost recovery litigation, environmental due diligence, and contract negotiations in connection with mergers, acquisitions, and financings. Mr. Pennington has represented trade associations and individual clients in hazardous waste rulemakings and permit proceedings. He served as a law clerk for the Honorable Barbara B. Crabb, U.S. District Court for the Western District of Wisconsin.
Courtney Smith is active in a wide range of the Firm s environmental practice, including Superfund matters, environmental litigation, and environmental issues associated with business transactions.
Ms. Walkoff practiced in Morgan Lewis Washington office prior to transferring to the New York office. She is presently active in a wide range of environmental matters, including regulatory compliance counseling and environmental issues associated with business transactions.
| HARRISBURG
(717) 237-4000 |
Mr. Gang represents a number of public utility water, gas, and electric companies in environmental, corporate, and rate regulatory matters. Mr. Gang holds a B.S. in geology and an M.S. in environmental geochemistry. Mr. Gang is the author of an article on trace metals in acid mine drainage and is co-author of Groundwater Law in Pennsylvania. He presently represents industrial companies and other clients in matters involving the Pennsylvania Superfund Act, Pennsylvania s Residual Waste Regulations, and State implementation of the amendments to the Clean Air Act. Mr. Gang is a member of the Environmental Affairs Committee of the Pennsylvania Chamber of Business and Industry and its Air Quality Work Group.
Ms. Woelfing is the former chairperson of the Pennsylvania Environmental Hearing Board, where she adjudicated appeals from actions of the state s Department of Environmental Protection. Her major opinions addressed such issues as risk assessments for resource recovery facilities, the constitutional aspects of limitations on interstate waste disposal, and standards for admission of scientific evidence. Prior to her appointment to the Environmental Hearing Board, she was Director of the Department of Environmental Resources Bureau of Regulatory Counsel, where she supervised the development and implementation of regulatory initiatives, including NPDES and Safe Drinking Water Act delegation, RCRA and surface mining primacy, triennial revisions to water quality standards, and remining of abandoned mine sites. She is the former chair of the Pennsylvania Bar Association s Environmental, Mineral, and Natural Resources Law Section and is the co-editor of its quarterly newsletter. She represents clients in administrative and judicial environmental litigation and provides counseling on regulatory compliance issues.
Ms. Martin works on a wide range of environmental matters involving regulatory compliance counseling, Superfund, and other state and federal programs. Ms. Martin served as Editor of the Dickinson Journal of International Law.
Mr. Welsh devotes considerable time to environmental matters, including Superfund, RCRA, and several Pennsylvania waste management programs. Prior to joining Morgan Lewis, Mr. Welsh served as a law clerk for the Honorable David W. Craig, President Judge of the Commonwealth Court of Pennsylvania.
| PRINCETON
(609) 520-6600 |
Mr. White is the partner-in-charge of Morgan Lewis Princeton office. He has extensive experience handling a wide variety of commercial litigation, trade secrets, and product liability matters. He also has experience litigating CERCLA and New Jersey Spill Act matters as well as insurance coverage issues for environmental claims. He has also had experience in structuring and representing clients in Court approved ADR (allocation) processes. He has lectured on the remediation requirements imposed by the Industrial Sites Recovery Act.
| BRUSSELS
32-2-512-5501 |
Mr. Sinan is an English barrister with the right of audience before the European Court of Justice and the European Court of First Instance. He has been practicing European Community (EC) law in Brussels more than 15 years, at the outset of which he also undertook a traineeship at the European Commission. The focus of his practice is EC antitrust/competition law, trade regulation, customs, and the environment. Mr. Sinan has advised in environmental matters concerning waste disposal (incineration in particular), packaging and labeling (eco-label issues), packaging waste, take-back measures, eco-audit, and civil liability.
Mr. Oswell, a former trainee with the European Commission, sits on the environmental subcommittee of the American Chamber of Commerce in Brussels. Mr. Oswell has most recently advised clients in the waste disposal industry on the competition aspects of competing with local municipalities.
| LONDON
44 171 747 5500 |
Mr. Turner is a partner in the firm s Business and Finance Section specializing in commercial property and real estate law in the United Kingdom. He has a special interest in the impact of environmental issues on business transactions particularly corporate sales and acquisitions and commercial lending. He advises vendors, purchasers and mortgagees on warranties and liability issues with regard to land ownership generally.
| TOKYO
81-3-3216-2500 |
Since 1977, Mr. Huss has been engaged primarily in corporate and commercial legal practice for Japanese industrial, financial, and service companies. Mr. Huss is licensed by the Japanese Ministry of Justice as Gaikokuho-Jimu-Bengoshi (Foreign Law Consultant).