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Experience
$15MM Commercial Real Estate Mortgage
Lead negotiation and drafting of loan documentation for $15MM commercial real estate mortgage involving commercial mortgage backed securities, including negotiation and drafting of mortgage, promissory note, assignment of rents and leases, environmental indemnity agreement, guaranty of recourse obligations, asbestos operations and maintenance agreement, escrow agreement, subordination agreement, lock box agreement, and other ancillary documents.
Successful Representation of Coatings Manufacturing Company in Title V Clean Air Act Action
Represented a coatings manufacturing company in defense of an Illinois EPA lawsuit seeking $500,000 in civil penalties for an alleged failure to obtain a Title V Clean Air Act permit, resolving the litigation via consent order in state court for $75,000.
Successful Representation of Refrigerant Manufacturing Company in U.S. EPA Lawsuit
Counsel to national refrigerant manufacturing company in defending a U.S. EPA federal court lawsuit under the Clean Air Act SNAP program, negotiating a favorable consent decree and further prevailing on a subsequent claim by the DOJ for $300,000 in stipulated penalties for alleged violation of the consent decree, with no penalty assessed.
Counsel to Fertilizer Manufacturer in Acquisition and Environmental Matters
Represented a fertilizer manufacturing company in the acquisition and transformation from a traditional fertilizer manufacturing company into an innovative, environmentally friendly fertilizer, obtaining the transfer of environmental permits and the continued operation of the facility while undergoing the transformation process.
Counsel to Manufacturing Company in Alleged EPA Violations
Represented a manufacturing company in response to a grand jury subpoena issued by the ED of Louisiana for alleged criminal violations of EPA statutes, resulting in no indictment or criminal liability.
Counsel to Automotive Company in EPA Investigations
Defended a major automotive company in an EPA criminal grand jury investigation for alleged discharge of contaminated coolant into the local municipal wastewater treatment plant. After four years of investigation, the DOJ and EPA's Criminal Investigation Division closed their investigation without indictment or criminal liability to the company.
Lead Counsel on Behalf of the Pennsylvania Department of Environmental Resources
Lead counsel representing the Pennsylvania Department of Environmental Resources in a civil action against Ashland Oil Company for the collapse of its oil storage tank, which resulted in the discharge of over 750,000 gallons of petroleum into the Monongahela River. The resulting penalty of $2.25MM was the largest civil penalty obtained at that time under the statute.