I am a solo practitioner in the Philadelphia area with 37 years’ experience in Environmental and OSHA matters and the real estate issues and litigation claims which arise from these matters. Clients have included large and small companies, homeowners, non-profit organizations, and local public entities engaged in construction and renovation of buildings or operation of municipal wastewater treatment plants. Typical matters involve site remediation due to historic use related to manufacturing, dry cleaning, gas station, and auto repair or body shop operations. Leaking underground tanks and piping have often caused soil and groundwater contamination from petroleum components such as Benzene and MTBE, or solvents such as TCE, TCA, or PCE. Purchasers of property having potential historic impacts require careful due diligence to allow evaluation of risk and appropriate contractual provisions to address regulatory obligations and allocation of costs. Sellers seek limitation of post-closing liability and minimization of sale price reduction. Current owners not involved in a transaction are often strictly liable and seek to restore property value while seeking full or partial reimbursement from historic owners and operators, and in some cases, neighboring properties. Buyers , Sellers and owners generally, can seek agency-approved site remediation plans under Pennsylvania Act 2 and similar voluntary cleanup programs in other states, which results in a statutory release of liability.
Environmental disputes often present significant potential costs, while interfering with business, real estate, or estate planning interests. Successful and timely resolution of environmental disputes requires "mindful advocacy"-strong and cost-effective legal advocacy combined with ability to conceptualize and evaluate acceptable paths to compromise. Another way of maximizing value- added of services is through legal fees which reflect my ability to maintain low overhead expenses while still assuring that clients will work with a “senior partner” who is reliably available when needed. When a matter calls for specialized expertise in real estate, estate planning or business law, or additional litigation manpower or local counsel, I aggressively utilize a network of trusted colleagues. I also regularly work along side environmental consultants and engineers to assure that site investigation, remediation, and report submittals meet regulatory requirements while supporting client advocacy objectives.
Environmental regulation and liability arise in an ever-expanding spectrum of legal matters. These include air and water pollution controls and permits; waste storage and disposal, construction regulations to manage stormwater runoff and impact to wetland areas, Underground storage tank closure, and a variety of laws imposing liability on current and past owners or occupants of contaminated property. Because real estate assets are a key factor in many business activities, Environmental issues often spill over into sales of property, business acquisitions, bankruptcy, estate administration, cleanup cost allocation disputes, construction contractor disputes, and insurance coverage claims.
→Remediation Required by Agency Order
→Underground Storage Tanks (USTs)
→Remedial Cost Allocation Disputes