Year: 2019

Babst Calland Expands Washington, D.C. Environmental Practice

Attorney Ben Clapp Joins Firm

Law firm Babst Calland announced today the lateral move of Ben Clapp, who joined as associate in the firm’s Washington, D.C. office in the Environmental, Energy and Natural Resources, and Emerging Technologies practice groups.

For the past decade, Ben Clapp has advised clients on environmental and transactional matters across a wide range of industries including the upstream, midstream, and downstream oil and gas sectors, renewable energy, real estate, utilities, chemicals, manufacturing, mining, pharmaceuticals, pulp and paper, and food and beverage.

“Ben’s move to Babst Calland further represents the firm’s commitment to continue to meet the environmental and regulatory needs of our clients,” said James Curry, Managing Shareholder of the D.C. office.  “Ben Clapp is well-known in industry and among key regulators. We’re very pleased that he has joined our team.”

Mr. Clapp has significant experience advising clients on the environmental components of complex transactions, including identifying and analyzing significant environmental liability and compliance issues arising in connection with mergers and acquisitions, asset sales, securities offerings, project financings, and corporate restructurings.  He works to manage, allocate or mitigate these environmental risks in the client’s best interest.

Mr. Clapp also advises project developers and investors as they encounter state and federal environmental review, facility siting, and permitting requirements, with a particular focus on providing advice on National Environmental Policy Act requirements to clients seeking government agency approvals for large-scale energy and infrastructure projects.

Mr. Clapp earned his J.D., cum laude, from American University Washington College of Law in 2008 and B.A. from the University of Richmond in 1996.

 

Babst Calland Ranked in 2020 “Best Law Firms”

Babst Calland has been ranked in the 2020 U.S. News – Best Lawyers® “Best Law FirmsTM list nationally in seven practice areas and regionally in 31 practice areas by BL Rankings.
Firms included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers.
Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, professionalism and integrity.

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Babst Calland received the following rankings in the 2020 U.S. News – Best Lawyers “Best Law Firms”:

National

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Environmental Law
  • Land Use & Zoning Law
  • Litigation – Construction
  • Litigation – Environmental
  • Mining Law
  • Natural Resources Law

Regional

Pittsburgh

  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Bet-the-Company-Litigation
  • Commercial Litigation
  • Construction Law
  • Corporate Law
  • Employment Law – Management
  • Energy Law
  • Environmental Law
  • Information Technology Law
  • Labor Law – Management
  • Land Use & Zoning Law
  • Litigation – Bankruptcy
  • Litigation – Construction
  • Litigation – Environmental
  • Litigation – Labor & Employment
  • Litigation – Land Use & Zoning
  • Mergers & Acquisitions Law
  • Municipal Law
  • Natural Resources Law
  • Water Law

Charleston-WV

  • Bet-the-Company Litigation
  • Commercial Litigation
  • Energy Law
  • Environmental Law
  • Litigation – Environmental
  • Litigation – ERISA
  • Mining Law
  • Natural Resources Law
  • Oil & Gas Law
  • Real Estate Law

Akron

  • Construction Law

Babst Calland – A Founding Partner of the Pittsburgh Legal Diversity & Inclusion Coalition

Babst Calland has joined with area law firms, in-house legal departments, and law schools to form the Pittsburgh Legal Diversity and Inclusion Coalition (PLDIC). The Coalition’s mission is to attract and retain people of all races and backgrounds to Pittsburgh, and assist employers in the legal industry for the purpose of increasing the hiring, retention and inclusion of diverse legal professionals. Managing Shareholder Donald C. Bluedorn II serves as an officer on the Coalition’s Board. The firm will work collaboratively with PLDIC and other member organizations to foster diversity and inclusion in the legal community.

In addition to Babst Calland, other current Coalition members include: Alcoa, Allegheny County Bar Association, Chevron, Duquesne Light Company, FedEx Ground, FHL Bank Pittsburgh, Highmark Health, Mine Safety Appliances, PPG, and U. S. Steel, and 18 other prominent law firms in Pittsburgh.

Click here to view a video with attorneys and law firms, discussing the legal profession in Pittsburgh and the importance of the Coalition’s work in the city.

Babst Calland Sponsors The Education Partnership Adopt-a-School Program

Babst Calland is glad to sponsor the Adopt-a-School program with The Education Partnership to provide essential school supplies to the teachers and kids at the Sister Thea Bowman Catholic Academy. Each student receives their very own Power Tools Homework Kit. For more information about the Adopt-a-School program, click here.

Babst Calland Member of the ACBA Law Firm Leadership Circle

Babst Calland supports the Allegheny County Bar Association and 2018-2021 Law Firm Leadership Circle campaign to continue to provide much-needed support to our community and profession. For more information about ACBA and its Pro Bono Center Gratitude Report, click here.

 

Anna Skipper Joins Babst Calland

Anna Z. Skipper recently joined Babst Calland as an associate in the Public Sector and Energy and Natural Resources groups of Babst Calland.

Ms. Skipper’s practice focuses primarily on municipal and land use law with a concentration in general municipal, zoning, subdivision and land development, and code enforcement. She is a 2019 graduate of Boston College Law School.

West Virginia Attorney Moore Capito Joins Babst Calland

Capito Joins Leading Energy Law Firm as Shareholder Based in Charleston, WV Office

PITTSBURGH, PA and CHARLESTON, WV, October 8, 2019 – Babst Calland today announced that West Virginia native Moore Capito has joined the firm’s Charleston office as a shareholder and member of its Corporate and Commercial, Emerging Technologies, and Energy and Natural Resources Groups, effective September 30, 2019.  

For the past decade, Moore Capito has worked for Charleston-based Greylock Energy, formerly known as Energy Corporation of America, where he most recently served as Corporate Counsel and Director of Land.

“I am excited to be joining a well-respected legal team in West Virginia representing such a wide range of clients in West Virginia and throughout the country,” said Capito.

“Moore Capito is well-known in industry and among local, state and federal regulatory agencies and the legislature in West Virginia. We’re very pleased to have him become part of our team,” said Don Bluedorn, Babst Calland’s Managing Shareholder. “His proven leadership and passion for natural gas development and West Virginia are great fits for our entire team, and most importantly for our clients.”

Moore Capito spent the first part of his career in public service, including as a staff member for the Secretary of Defense at the Pentagon after he served as a member of The White House advance team traveling in support of the president. His first assignment in Washington, D.C. was working for the House Majority Leader in the United States House of Representatives. Following his assignment at the Pentagon, Mr. Capito attended law school and received his Juris Doctorate from Washington and Lee University in 2011. He holds a Bachelor of Arts degree from Duke University.

Mr. Capito, son of U.S. Senator for West Virginia Shelley Moore Capito and grandson of the late former West Virginia Governor Arch Moore, was elected in 2016 to the West Virginia House of Delegates for the 35th District. In this capacity, Attorney Capito also served on the West Virginia Legislature’s Joint Committee on Natural Gas Development and has served as Chairman of the Committee on Enrolled Bills, Vice Chair of the Committee on the Judiciary, as a member of the Banking and Insurance Committee, Political Subdivisions Committee, and Technology and Infrastructure Committee.

“We are thrilled to have Moore join our team in Charleston,” said Steve Green, Managing Shareholder of Babst Calland’s Charleston office. “His experience at the federal and state levels, and his commitment to the oil and gas industry, is a welcome addition to our practice and clients.”

Moore is an active member of the Charleston community, including participating with organizations such as the Rotary Club of Charleston. He and his wife, Katie, reside in Charleston with their two children Eliza and Arch.

Babst Calland Adds Artificial Intelligence to Accelerate, Enhance Legal Contract Review and Document Management

Babst Calland announces the deployment of artificial intelligence to the due diligence and contract review process for capturing and managing critical business information in high-volume corporate and commercial transactions.

Babst Calland is among early law firm adopters to initiate and implement artificial intelligence, machine learning, and predictive analytics to legal contract review and document management, enhancing efficiency, intelligence and quality while reducing costs for clients.

With the addition of new artificial intelligence software, Babst Calland can now deploy highly-trained machine learning algorithms in its due diligence process resulting in faster, more intelligent contract or document review for clients. The Firm can now rapidly review and execute business contracts quickly and accurately whether the client has 100 or 100,000 documents for review.

Providing measurable value requires experience. Babst Calland and affiliate, Solvaire, have been performing complex due diligence, discovery, and document management projects for clients for more than 20 years. During the past year, together with Solvaire, the firm evaluated numerous options, applications before adopting new artificial intelligence software and designing its proprietary platform with the capacity for handling huge volumes of contracts and documents on an expedited basis.

Now leveraging AI technology, coupled with its proven proprietary process, the firm implements projects more accurately and efficiently than ever before. in fact, manual document review time is cut in half offering clients faster risk assessments and more confident decision-making.

 “Clients are demanding more efficiency and enhancements in the due diligence process for complex deals and transactions, requiring more insight from attorneys, as well as more innovative resources to stay one step ahead in a time-sensitive, highly competitive marketplace. Our state-of-the-art approach, along with our systematic process that applies artificial intelligence technology, provides clients with the latest, flexible solution customized to meet their specific business needs,” said Christian Farmakis, shareholder and chairman of the Board at Babst Calland.

Boyd Stephenson Joins Babst Calland

Boyd A. Stephenson recently joined Babst Calland as an associate in the Transportation Safety, Emerging Technologies, and Energy and Natural Resources groups.

Mr. Stephenson’s practice includes representing clients nationwide in a variety of pipeline, trucking and hazardous materials matters, including before the Federal Motor Carrier Safety Administration, the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Transportation Security Administration. He advises clients on pipeline interpretive and compliance matters, incident response, enforcement proceedings, and rulemaking comment preparation. Mr. Stephenson has drafted and filed regulatory comments to agencies at the Department of Transportation and Department of Homeland Security and to the Office of Information and Regulatory Affairs at the White House Office of Management and Budget. He has drafted multiple successful preemption petitions with PHMSA regarding state or local laws that impeded hazardous materials transportation. He also designs and leads trainings to help clients comply with the hazardous materials regulations.

As the former senior attorney at a national trade association, Mr. Stephenson is conversant in matters related to nonprofit trade organization management including drafting bylaws, board of directors training, fundraising, copyright, and campaign and election law.

A 2016 graduate, cum laude, of George Mason University School of Law, Mr. Stephenson spent more than a decade working for two national trucking trade associations, primarily representing motor carriers in the hazardous materials and tank-trailer segments.

Mr. Stephenson is admitted to practice in the Commonwealth of Virginia and before the U.S. District Court for the Eastern District of Virginia and the U.S. District Court for the Western District of Virginia. He is not admitted to the Washington, D.C. Bar. Mr. Stephenson is currently practicing in D.C. under the supervision of D.C.-licensed attorneys and has applied to the D.C. Bar for admission. He is a member of the Virginia Bar Association and of the American Bar Association’s Section of Administrative Law & Regulatory Practice.

Benjamin Wright Joins Babst Calland

Pittsburgh, PA, September 25, 2019 – Benjamin R. Wright recently joined Babst Calland as an associate in the Construction Group. Mr. Wright has experience in cases involving professional liability claims involving architects and engineers as well as both general contractors and subcontractors. He has handled a wide range of construction disputes and issues for natural gas refineries, schools, churches, parking garages and residential homes, including disputes regarding delay, payment, change orders, differing site conditions, acceleration and inefficiencies.

Mr. Wright has represented clients before state and federal courts including Pennsylvania trial level and appellate courts, the Western District of Pennsylvania, the Third Circuit Court of Appeals and various jurisdictions in West Virginia on a pro hac vice basis. He has also represented clients in various forms of alternative dispute resolution, including both mediations and arbitrations.

A 2015 graduate of University of Pittsburgh School of Law, he served as the Technology Editor on the Editorial Board of the University of Pittsburgh Law Review.

 

Five Babst Calland Attorneys Named as 2020 Best Lawyers® “Lawyers of the Year” and 38 Selected for Inclusion in The Best Lawyers in America©

PITTSBURGH, PA, August 15, 2019 – Babst Calland is pleased to announce that five lawyers were selected as 2020 Best Lawyers “Lawyer of the Year” in Pittsburgh, Pa. and Charleston, W. Va. (by BL Rankings). Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, professionalism, and integrity. Those named to the 2020 Best Lawyers “Lawyer of the Year” include:

Donald C. Bluedorn II, Environmental Law “Lawyer of the Year” in Pittsburgh, Pa. – In addition to the “Lawyer of the Year” award, Donald Bluedorn was also listed in the 2020 Edition of The Best Lawyers in America in Environmental Law, Litigation – Environmental, and Water Law.

Kevin J. Garber, Energy Law “Lawyer of the Year” in Pittsburgh, Pa. – In addition to the “Lawyer of the Year” award, Kevin Garber was also listed in the 2020 Edition of The Best Lawyers in America in Environmental Law, Natural Resources Law, Energy Law, Water Law, and Litigation – Environmental.

Blaine A. Lucas, Litigation – Land Use and Zoning “Lawyer of the Year” in Pittsburgh, Pa. – In addition to the “Lawyer of the Year” award, Blaine Lucas was also listed in the 2020 Edition of The Best Lawyers in America in Energy Law, Land Use and Zoning Law, Municipal Law, and Litigation – Land Use and Zoning.

Timothy M. Miller, Oil and Gas Law “Lawyer of the Year” in Charleston, W.Va. – In addition to the “Lawyer of the Year” award, Timothy Miller was also listed in the 2020 Edition of The Best Lawyers in America in Energy Law, Oil and Gas Law, Commercial Litigation, Bet-the-Company Litigation, and Litigation – Environmental.

Christopher B. “Kip” Power, Litigation – Environmental Law “Lawyer of the Year” in Charleston, W.Va. – In addition to the “Lawyer of the Year” award, Kip Power was also listed in the 2020 Edition of The Best Lawyers in America in Natural Resources Law, Energy Law, Commercial Litigation, Mining Law, Oil and Gas Law, Litigation – Regulatory Enforcement (SEC, Telecom, Energy), Litigation – Environmental, Litigation – Land Use and Zoning, and Litigation – Municipal.

In addition, 38 Babst Calland lawyers were selected in 26 practice areas for inclusion in the 2020 Edition of The Best Lawyers in America (by BL Rankings), the most respected peer-review publication in the legal profession:

  • Justin D. Ackerman – Real Estate Law
  • Richard J. Antonelli – Litigation – Labor and Employment, Labor Law – Management, Employment Law – Management
  • Chester R. Babst – Environmental Law, Litigation – Environmental
  • Steven F. Baicker-McKee – Environmental Law, Commercial Litigation, Litigation – Environmental
  • Donald C. Bluedorn – Environmental Law, Water Law, Litigation – Environmental
  • Dean A. Calland – Environmental Law
  • Matthew S. Casto – Commercial Litigation
  • Frank J. Clements – Corporate Law
  • Kathy K. Condo – Commercial Litigation
  • James Curry – Oil and Gas Law
  • Julie R. Domike – Environmental Law, Litigation – Environmental
  • Kevin K. Douglass – Natural Resources Law
  • Christian A. Farmakis – Corporate Law
  • Kurt F. Fernsler – Construction Law, Litigation – Construction
  • Kevin J. Garber – Environmental Law, Natural Resources Law, Energy Law, Water Law, Litigation – Environmental
  • Norman E. Gilkey – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation – Bankruptcy
  • Steven M. Green – Energy Law
  • Lindsay P. Howard – Environmental Law, Litigation – Environmental
  • D. Matthew Jameson – Construction Law, Litigation – Construction
  • Richard J. Lolli – Construction Law
  • Blaine A. Lucas – Energy Law, Land Use and Zoning Law, Municipal Law, Litigation – Land Use and Zoning
  • John A. McCreary – Labor Law – Management
  • Janet L. McQuaid – Environmental Law
  • James D. Miller – Litigation – Construction
  • Timothy M. Miller – Energy Law, Commercial Litigation, Bet-the-Company Litigation, Oil and Gas Law, Litigation – Environmental
  • Jean M. Mosites – Environmental Law
  • Christopher B. Power – Environmental Law, Natural Resources Law, Energy Law, Commercial Litigation, Mining Law, Oil and Gas Law, Litigation – Regulatory Enforcement (SEC, Telecom, Energy), Litigation – Environmental, Litigation – Land Use and Zoning, Litigation – Municipal
  • Joseph K. Reinhart – Environmental Law, Natural Resources Law, Energy Law, Litigation – Environmental
  • Bruce F. Rudoy – Mergers and Acquisitions Law, Corporate Law
  • Charles F.W. Saffer – Real Estate Law
  • Richard W. Saxe – Construction Law, Litigation – Construction
  • Mychal Sommer Schulz – Litigation – ERISA
  • Mark D. Shepard – Commercial Litigation, Bet-the-Company Litigation, Litigation – Environmental
  • Steven B. Silverman – Information Technology Law, Commercial Litigation
  • Laura Stone – Corporate Law
  • Robert M. Stonestreet – Environmental Law, Energy Law, Commercial Litigation
  • David E. White – Construction Law, Litigation – Construction
  • Michael H. Winek – Environmental Law

Best Lawyers undergoes an authentication process, and inclusion in The Best Lawyers in America is based solely on peer review and is divided by geographic region and practice areas. The list has published for more than three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries.

Hunter, Perri and Podsobinski Join Babst Calland

Attorneys Derek G. Hunter, Maura K. Perri and Zane L. Podsobinski joined law firm Babst Calland in the Firm’s Mineral Title department in the Energy and Natural Resources Group with focused practices counseling various energy, oil, gas and mineral-related clients on transaction matters, including title examination, title curative, oil and gas title opinions, and due diligence.

Derek G. Hunter is a 2019 graduate of Penn State Law. He previously served as an intern at the U.S. Bankruptcy Court for the Northern District of West Virginia in Wheeling, West Virginia.

Maura K. Perri is a 2019 graduate of Duquesne University School of Law. She previously served as a law clerk for the City of Pittsburgh Department of Law.

Zane L. Podsobinski is a 2019 graduate of Duquesne University School of Law. He won the Pennsylvanians for Modern Courts Writing Competition and received CALI Excellence for the Future Awards in Environmental Law, International Law, Criminal Procedure, and Sanctions, Sentencing and Corrections.

 

Tim Goodman Interviews NHTSA’s Chris Perry on Regulatory Oversight, Recalls and Safety Standards

Mobility, Transport & Safety Practice Leader Tim Goodman interviewed NHTSA’s Christopher Perry, the agency’s chief legal officer for enforcement, on regulatory oversight, recalls and safety standards at ACI’s annual Automotive Product Liability Litigation Conference in Chicago on July 19. Chris Perry described NHTSA’s regulatory approach as promoting communication and innovation, including in AV technology, while maintaining NHTSA’s mission of safety.

For more information, click here.

Resideo Acquires LifeWhere, Expanding Remote Monitoring And Predictive Maintenance Capabilities

Babst Calland congratulates our friends at LifeWhere on their successful exit. We are proud to have represented you from formation through exit. Resideo and the LifeWhere team are well-positioned to continue the growth opportunities afforded by the LifeWhere technology.

Chris Farmakis, Sara Antol and Michael Fink from Babst Calland’s Emerging Technologies Group represented LifeWhere in the sale.

For more information, click here.

Report Highlights Federal, State and Local Challenges and Opportunities for the U.S. Oil and Gas Industry

Natural gas production continues to increase in each of the nation’s seven largest shale basins

PITTSBURGH, June 18, 2019 – Babst Calland today released its annual energy industry report: The 2019 Babst Calland Report – The U.S. Oil and Gas Industry: Federal, State and Local Challenges & Opportunities; Legal and Regulatory Perspective for Producers and Midstream Operators. 

In this Report, Babst Calland energy attorneys provide perspective on issues, challenges, opportunities and recent developments in the oil and gas industry that are relevant to producers and midstream operators.

According to the International Energy Agency, “the second wave of the U.S. shale revolution is coming” and the United States will account for a 70 percent increase in global oil production and a 75 percent expansion in LNG trade in the next five years.

On a year-over-year basis, natural gas production continues to increase in each of the seven largest shale basins in the United States. Most notably, oil and natural gas production is being driven by three of the largest producing basins including Appalachia in Pennsylvania, West Virginia and Ohio, the Permian Basin in Texas and New Mexico, and the Haynesville Basin in southwestern Arkansas, northwest Louisiana, and east Texas.

Joseph K. Reinhart, shareholder and co-chair of Babst Calland’s Energy and Natural Resources Group, said, “Domestic shale producers and operators continue to face myriad legal and regulatory challenges by regulatory agencies, the courts, activists, and the market. This annual review is a snapshot of the issues and trends on the federal, state and local level in the oil and gas industry over the past year.”

The 92-page Babst Calland Report covers a range of topics from the industry’s business outlook, regulatory enforcement and rulemaking to developments in pipeline safety and litigation trends. A few of the Report’s highlights include:

  • The U.S. Department of Energy’s Energy Information Administration (EIA) reports both oil and dry natural gas production set U.S. records this year. Oil production hit 12.4 million barrels per day in May, natural gas soared above 90 billion cubic feet per day. U.S. production of gas liquids also set records and now account for over a quarter of U.S. petroleum product output.
  • This year, the oil and gas industry received mixed messages regarding environmental matters. On the federal level, the Trump administration generally loosened regulatory and/or statutory constraints, such as narrowing the Clean Water Act definition of “Waters of the United States.” In contrast, at the state level, some agencies introduced or considered more rigorous standards, including Pennsylvania’s proposed cap-and-trade program.
  • Public interest in pipeline safety has grown significantly in recent years. Consequently, operators’ installation of new pipeline infrastructure to transport energy products from the nation’s shale plays to domestic and foreign markets has resulted in increased scrutiny.
  • In Pennsylvania, the contours of the Robinson Township II decision continue to be litigated and legislated by local governing bodies, while the Commonwealth Court provided clarity concerning a municipality’s right to determine the location of oil and gas operations. In West Virginia, the extent of a county government’s ability to investigate alleged nuisances is being considered in the state’s highest court. In Colorado, new legislation has empowered local governments to take a much more active role in regulating oil and gas development.
  • Significant title issues concerning oil and gas property rights continue to be addressed in states in shale plays throughout the country. The desire to improve efficiencies has resulted in the use of allocation wells and cross unit drilling, particularly in Texas and Oklahoma.
  • Nuisance claims, alleging that excessive noise, traffic, dust, light, air pollution and impaired water quality interfere with the use and enjoyment of private property, continue to be asserted across the shale plays.
  • An increasing number of oil and gas companies recognize the advancements in commercial unmanned aircraft systems (UAS) technology and the utility and cost savings associated with using UAS to inspect and monitor assets such as pipelines and infrastructure.

After more than a decade, the shale gas industry continues to expand its reach and impact on our country’s energy supply and independence. Babst Calland’s Energy and Natural Resources attorneys support clients operating in multiple locations throughout the nation’s shale plays. To request a copy of the Report, contact info@babstcalland.com.

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