Mr. Brendel’s experience includes regulatory compliance counseling, covering all environmental media (e.g., air, water, solid and hazardous waste), administrative enforcement actions, site remediations, brownfield redevelopment, environmental auditing and compliance programs, negotiation of environmental provisions of acquisition and divestiture agreements, and related litigation. He has assisted clients in the development and maintenance of environmental management systems designed to minimize potential environmental liabilities. Mr. Brendel has also represented clients in numerous states, and before many state environmental agencies and regional offices of the U.S. Environmental Protection Agency. In 2006, Mr. Brendel was named a Pennsylvania Super Lawyer, an honor bestowed upon the top five percent of Pennsylvania lawyers.
Transactions
Conducted environmental due diligence for client’s simultaneous acquisition of three publicly-traded consumer products companies. The combined value of the transactions was approximately $2.4 billion.
Negotiated environmental representations, warranties and related disclosures with respect to stock sale of steel tube and wire business with 14 facilities in four states, two Canadian provinces and England. The value of the transaction was approximately $350 million.
Coordinated environmental due diligence and negotiated environmental provisions of agreement for client’s acquisition of five former food processing facilities located in an urban area for conversion into residential lofts.
Negotiated environmental representations, warranties, covenants and indemnifications with respect to client’s sale of a furniture manufacturing business with six facilities in five states. The value of the transaction was more than $70 million.
Frequently advise financial institution clients with respect to scope of environmental due diligence conducted by borrowers, risks associated with property to be pledged as security, and negotiation of environmental indemnity agreements.
Negotiated environmental representations, warranties, covenants and indemnifications with respect to client’s sale of a time and temperature measurement device business. The value of the transaction was approximately $6 million.
Negotiated agreements with environmental consultants, contractors and disposal facilities for performance of remedial activities and disposal of resulting wastes.
Regularly counsel clients on the environmental provisions of acquisition and divestiture agreements.
Regulatory Compliance Counseling
Assisted rural market telecommunications company in self-reporting violations of several environmental statutes pursuant to the United States EPA’s Self Audit and Disclosure Policy. Negotiated consent agreement which resulted in EPA’s waiver of approximately $675,000 in civil penalties, with the negotiated civil penalty being less than $10,000.
Coordinated environmental compliance audit program covering 21 facilities in 12 states for a leading consumer products company. Following the completion of the facility audits, developed individual facility action plans and a corporate-wide environmental compliance manual.
Assisted metal fabrication and finishing company in development of environmental management system to reduce potential environmental liabilities.
Coordinated environmental compliance audit program covering six facilities in five states for a metal fabrication company.
Advised client on disclosure of noncompliance with continuous release reporting requirements at 21 facilities under the United States EPA’s Self Audit and Disclosure Policy. The EPA decided not to seek any penalties with respect to the failures to report continuous releases.
Air Pollution Control
Negotiated consent decree with the U.S. EPA to settle alleged violations of the federal Prevention of Significant Deterioration (“PSD”) requirements related to the construction of two solvent paint lines without PSD permits. The EPA’s enforcement action was based upon the EPA’s authority to “overfile” for penalties with respect to alleged violations previously settled with state or local authorities. The settlement included the performance of a Supplemental Environmental Project and the negotiation of a reduced economic benefit component of EPA’s proposed penalty based upon the report of the client’s economic expert.
Representation of other clients with respect to PSD enforcement activities by the United States EPA.
Numerous negotiations of administrative consent orders with the EPA and state agencies to settle alleged violations of visible and particulate matter emissions from metals melting and casting operations and other industry categories.
Regularly counsel clients on air permitting issues including requirements for Title V permits.
Solid and Hazardous Waste
Negotiated amended Resource Conservation and Recovery Act (“RCRA”) hazardous waste permits and/or consent orders with state agencies for addressing trichloroethylene (“TCE”) and other solvent and heavy metal contamination at sites in Mississippi and South Carolina.
Negotiation of amount and documentation of financial assurance (e.g., performance bonds and standby trust agreements) for post-closure care at permitted RCRA sites.
Successfully defended former property owner in action by current owner under the Pennsylvania Storage Tank and Spill Prevention Act. William F. Murdoch, Jr. v. Atlantic Richfield Co., et al.
Successfully defended client in citizen suit alleging violations of several state and federal statutes including the Pennsylvania Solid Waste Management Act. Allegany Environmental Action Coalition v. Westinghouse Electric Corporation, et al.
Appeal of DEP denial of permit modification application for expansion of fly ash disposal site.
Defended fiberglass-reinforced plastics manufacturer with respect to EPA investigation of hazardous waste handling practices.
Provided legal assistance to numerous clients on compliance with regulatory requirements for identification, handling, storage and disposal of solid, residual and hazardous wastes.
Superfund
Representation of clients identified as potentially responsible parties (“PRPs”) at Superfund sites in numerous states.
Participation on PRP steering, allocation and litigation committees. These Superfund sites include, but are not limited to: Thermo Chem Site, Muskegon, Michigan; Organic Chemicals, Inc. Site, Grandville, Michigan; J.C. Pennco Site, San Antonio, Texas; Metcoa Site, Pulaski, Pennsylvania; Breslube Penn Site, Coraopolis, Pennsylvania; Fisher Calo Superfund Site, Kingsbury, Indiana.
Obtained dismissal of French corporation from private cost recovery action under the New Jersey Spill Compensation and Control Act for lack of personal jurisdiction. Fortunato t/a R&R Realty Co. v. Napp Chemicals, Inc., et al.
Represented past owner/operator of manufacturing facility in Manning, South Carolina in cost recovery action by current owner in federal court. Plaintiff sought approximately $14 million in past and future damages for TCE groundwater contamination. MTD Products, Inc. v. Sunbeam Corporation
Successfully represented client in federal court cost recovery action alleging that client sent hazardous substances to local landfill. District court entered summary judgment for client on basis that plaintiff failed to comply with the National Contingency Plan prior to bringing the action. The Sixth Circuit Court of Appeals affirmed the district court. Pierson Sand and Gravel, Inc. v. Pierson Township, et al.
Site Remediation/Brownfield Redevelopment
Negotiated Consent Order and Agreement for Special Industrial Area to obtain relief from liability under Pennsylvania’s Act 2, to allow redevelopment of 105-acre industrial site in Luzerne County.
Obtained closure of other contaminated sites under Pennsylvania’s Land Recycling and Remediation Standards Act (i.e., Brownfield Program).
Advised client and worked with environmental consultants on remediation of TCE-imported properties in Pennsylvania and North Carolina, including drafting communications to neighboring property owners.
Advised client on TCE and other solvent groundwater remediation at facilities located in Kansas, Tennessee and other states.
Negotiated amended consent order for the remediation of groundwater contamination emanating from manufacturing facility in Louisiana. The plume had contaminated municipal water supply wells.
Water Pollution Control
Negotiation of numerous National Pollutant Discharge Elimination System (“NPDES”) permits in various states for discharges from operating manufacturing facilities (e.g., metals, plastic molding, glass) and groundwater remediation sites (CERCLA sites and RCRA post-closure care sites).
Appeal of NPDES permit and negotiation of consent order with the state agency resulting in the relocation of discharge outfalls to obtain less stringent water quality-based effluent limitations.
Numerous negotiations of civil penalties assessed by state agencies with respect to alleged unpermitted discharges or discharges which exceeded permitted effluent limitations and related testing and testing program issues.
Appeal of NPDES permit and negotiations with the South Carolina Department of Health and Environmental Control with respect to a requirement for whole effluent toxicity testing.
Successfully defended citizens suits alleging violations of NPDES permit effluent limitations on the basis that the alleged violations had ceased prior to the filing of the citizens suit.
Successfully defended former owner of “company town” in action by local sewer authority for the recovery of a portion of the cost of a 537 Plan study required under Pennsylvania Sewage Facilities Act. Burgettstown-Smith Township Joint Sewage Authority v. Langeloth Townsite Company, 403 Pa. Super. 84 (1991).
Representation of municipal authority with respect to updating and revising its industrial discharge pretreatment ordinance to conform to the U.S. Environmental Protection Agency’s pretreatment program.
Mining
Advised clients on permitting issues for mining of waste coal for cogeneration facilities.
Successfully defended West Virginia mining company with respect to landowner’s claims of water loss from deep mining activities.
Miscellaneous
Served for several years as an adjunct member of the corporate legal department of a leading consumer products company working closely with the corporation’s environmental managers, monitoring outside litigation counsel and participating in periodic educational and training programs for plant personnel.
Developed program of institutional controls and financial assurance for termination of Nuclear Regulatory Commission (NRC) radioactive materials license under restricted use condition. Coordinated the presentation of the proposed institutional controls to the NRC and the "Site Specific Advisory Board" established under the NRC’s regulations.
Negotiated a fifty percent reduction of the Federal Aviation Administration’s proposed civil penalty for client’s alleged violations of Department of Transportation’s Hazardous Materials Regulations.
