Environmental & Energy Law

LitigationEnvironmental & Energy Law

Elliott Greenleaf is a leader in federal and state environmental law matters. Our environmental practice group is led by the former Chief Counsel to the Pennsylvania Department of Environmental Protection and Regional Counsel to the United States Environmental Protection Agency, Region II (New York, New Jersey, Puerto Rico and the Virgin Islands). Our lawyers appear before the Pennsylvania Environmental Hearing Board, including the federal and state courts, and regulatory agencies and EPA. We also appear before the federal Department of Energy, the Department of the Interior, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the PUC and various national laboratories.

The firm represents interstate authorities and businesses, state and municipal governments and authorities, private individuals, corporations and companies on a variety of matters, including permitting of landfills, quarries and pollution control facilities, the development of cogeneration facilities, development issues and Superfund, waste remediation and land contamination issues, compliance, or disputes among private parties and their insurers.

Elliott Greenleaf conducts environmental due diligence audits in connection with business and real estate acquisitions and financing transactions. We have been actively involved in negotiations and litigations with state and federal agencies concerning environmental permits, regulatory constraints, clean-up plans, cost-recovery claims, and similar matters arising under the federal and state environmental control statutes. Our firm has also performed related work associated with the registration of products before the Environmental Protection Agency and the Food and Drug Administration.

Our environmental litigation experience includes civil enforcement actions, criminal investigations and actions, toxic torts, statutory clean-up actions, natural resource damage claims, private contractual actions for cleanup costs, challenge to governmental action/permitting appeals, environmental disasters, takings/condemnation, insurance coverage. We have also represented plaintiffs and defendants in government and private cost recovery actions at Superfund Sites and Pennsylvania Hazardous Sites Cleanup Act Sites. We have successfully litigated against toxic tort claims involving groundwater contamination, and successfully represented a national pipeline carrier against federal and state regulators.

For example, by successfully litigating for injunctive relief against the EPA, while simultaneously enlisting the cooperation of the Pennsylvania Department of Environmental Resources, we were able to negotiate a settlement that resulted in this site not being listed on the NPL for Superfund action.

Elliott Greenleaf is active in projects related to Brownfield (environmentally contaminated or possibly contaminated site) re-use and the related environmental review and remediation. We are skilled at integrating possible Federal concerns related to Superfund and RCRA requirements into Commonwealth site review and remediation projects.

Our lawyers have extensive experience in environmental compliance, including for land contamination and Brownfields issues, waste and materials management; permitting, operational changes, and facility expansion; construction, development, and siting of new facilities; audits and problem-spotting; information management; changes in laws, regulations and rulemaking. We have represented Pennsylvania and New Jersey counties in negotiations to enter into long term contractual arrangements for the disposal of its municipal waste.

The firm represents alternate fuel and co-generation developers in a wide range of regulatory, permitting and environmental issues. Our attorneys won appellate court reversal of a PUC order denying a major utility’s rate increase. We also perform legal services concerning environmental issues in transactions involving REITs, mergers and acquisitions, lending, and leasing.