Overview
Post & Schell’s Environmental Practice Group covers a range of environmental litigation and regulatory compliance matters - aggressively representing our clients’ interests before administrative tribunals and courts, environmental hearing boards, and state and federal agencies, including departments of environmental protection and health.
The group counsels and defends clients in a variety of industries, including:
- Agricultural businesses
- Energy and public utilities
- Healthcare facilities
- Manufacturers
- Municipalities
- Private equity and venture capital firms
- Property owners
- Real estate developers
- Real estate investment trusts (REITSs)
- Trade associations
Representative Administrative Appeals and Litigation Matters
- Defended against petition before the Pennsylvania Environmental Hearing Board (EHB) to recover attorney and expert witness fees incurred by landowners in connection with an appeal of two environmental permits issues by the Pennsylvania Department of Environmental Protection (DEP). In its opinion denying the fee petition, the EHB agreed that the landowners were not entitled to any fees incurred after a reasonable settlement. For the fees incurred prior to the settlement offer, the EHB found that only a small percentage of those fees were recoverable and that they should be reimbursed by DEP, not the client.
- Defended against an agency enforcement action and prosecuted an administrative appeal in connection with the illicit abandonment of solid waste by a former tenant at an industrial facility in central New Jersey.
- Defended client in enforcement proceedings related to alleged environmental and fire code violations at a metals recycling facility in Los Angeles, CA. Negotiated with agency officials as necessary to achieve compliance and avoid facility shutdown.
- Defended and settled enforcement action from Newark, NJ, Department of Housing against landlord stemming from major release of heating oil from an underground storage tank.
- Negotiated a Consent Order with the Pennsylvania Department of Environmental Protection in connection with unpermitted wastewater discharges and treatment concerns at hotel site.
- Defended and appealed toxic tort lawsuits, third-party suits seeking to negate or alter permits, and “citizen suits” brought by private parties seeking to impose penalties.
Attorneys
Lindsay A. Berkstresser
Principal
Energy & Utilities and Health Care
Harrisburg
Phone: 717-612-6021
Fax: 717-731-1985
News & Insights
Lindsay A. Berkstresser
Principal
Energy & Utilities and Health Care
Harrisburg
Phone: 717-612-6021
Fax: 717-731-1985
Representative Administrative Appeals and Litigation Matters
- Defended against petition before the Pennsylvania Environmental Hearing Board (EHB) to recover attorney and expert witness fees incurred by landowners in connection with an appeal of two environmental permits issues by the Pennsylvania Department of Environmental Protection (DEP). In its opinion denying the fee petition, the EHB agreed that the landowners were not entitled to any fees incurred after a reasonable settlement. For the fees incurred prior to the settlement offer, the EHB found that only a small percentage of those fees were recoverable and that they should be reimbursed by DEP, not the client.
- Defended against an agency enforcement action and prosecuted an administrative appeal in connection with the illicit abandonment of solid waste by a former tenant at an industrial facility in central New Jersey.
- Defended client in enforcement proceedings related to alleged environmental and fire code violations at a metals recycling facility in Los Angeles, CA. Negotiated with agency officials as necessary to achieve compliance and avoid facility shutdown.
- Defended and settled enforcement action from Newark, NJ, Department of Housing against landlord stemming from major release of heating oil from an underground storage tank.
- Negotiated a Consent Order with the Pennsylvania Department of Environmental Protection in connection with unpermitted wastewater discharges and treatment concerns at hotel site.
- Defended and appealed toxic tort lawsuits, third-party suits seeking to negate or alter permits, and “citizen suits” brought by private parties seeking to impose penalties.