PITTSBURGH, PA, August 17, 2017 – Babst Calland is pleased to announce that five attorneys were selected as 2018 Best Lawyers® “Lawyers of the Year” 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.
The 2018 “Lawyers of the Year” in Pittsburgh, Pa. and Charleston, W.Va. include:
Kevin J. Garber, Best Lawyers 2018 Environmental Law “Lawyer of the Year”
Blaine A. Lucas, Best Lawyers 2018 Land Use and Zoning Law “Lawyer of the Year”
Joseph K. Reinhart, Best Lawyers 2018 Energy Law “Lawyer of the Year”
John A. McCreary, Best Lawyers 2018 Labor Law – Management “Lawyer of the Year”
Timothy M. Miller was named the Best Lawyers 2018 Litigation – Environmental “Lawyer of the Year” in Charleston, W.Va.
In addition, 26 attorneys were named to the 2018 Edition of The Best Lawyers in America© the most respected peer-review publication in the legal profession, by BL Rankings in the following practice areas:
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law: Norman E. Gilkey
- Bet-the-Company Litigation: Mark D. Shepard, Timothy M. Miller
- Commercial Litigation: Steven F. Baicker-McKee, Mark D. Shepard, Steven B. Silverman, Timothy M. Miller, Christopher B. Power, Robert M. Stonestreet
- Construction Law: Kurt F. Fernsler, D. Matthew Jameson III, Richard J. Lolli
- Corporate Law: Frank J. Clements, Bruce F. Rudoy, Laura Stone
- Employment Law – Management: Richard J. Antonelli
- Energy Law: Kevin J. Garber, Steven M. Green, Blaine A. Lucas, Timothy M. Miller, Christopher B. Power, Joseph K. Reinhart
- Environmental Law: Chester R. Babst III, Steven F. Baicker-McKee, Donald C. Bluedorn II, Dean A. Calland, Kevin J. Garber, Lindsay P. Howard, Christopher B. Power, Joseph K. Reinhart, Robert M. Stonestreet, Michael H. Winek
- Information Technology Law: Steven B. Silverman
- Labor Law – Management: Richard J. Antonelli, John A. McCreary, Jr.
- Land Use and Zoning Law: Blaine A. Lucas
- Litigation – Bankruptcy: Norman E. Gilkey
- Litigation – Construction: Kurt F. Fernsler, D. Matthew Jameson III
- Litigation – Environmental: Chester R. Babst III, Steven F. Baicker-McKee, Donald C. Bluedorn II, Kevin J. Garber, Lindsay P. Howard, Timothy M. Miller, Christopher B. Power, Joseph K. Reinhart, Mark D. Shepard
- Litigation – ERISA: Mychal S. Schulz
- Litigation – Labor and Employment: Richard J. Antonelli
- Litigation – Land Use and Zoning: Blaine A. Lucas, Christopher B. Power
- Litigation – Municipal: Christopher B. Power
- Litigation – Regulatory Enforcement (SEC, Telecom, Energy): Christopher B. Power
- Mergers and Acquisitions Law: Bruce F. Rudoy
- Mining Law: Christopher B. Power
- Municipal Law: Blaine A. Lucas Natural Resources Law: Kevin K. Douglass, Kevin J. Garber, Christopher B. Power, Joseph K. Reinhart
- Oil and Gas Law: Timothy M. Miller, Christopher B. Power
- Water Law: Donald C. Bluedorn II, Kevin J. Garber
Best Lawyers undergoes an authentication process, and inclusion in The Best Lawyers in America is based solely on peer review. 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.
WASHINGTON, DC and PITTSBURGH, PA, July 10, 2017 – Babst Calland announced that Timothy H. Goodman has joined the firm as shareholder in the Transportation Safety Group in the Firm’s Washington, D.C. office.
Goodman brings to clients a current and detailed understanding of the federal government’s approach to transportation safety regulation (particularly motor vehicles), including its programs and personnel as a former Federal Senior Executive (key positions just below top Presidential appointees). Goodman spent nearly a decade at the U.S. Department of Transportation (USDOT), where he served in various capacities, including at the National Highway Traffic Safety Administration (NHTSA) and in the Secretary of Transportation’s Office of the General Counsel. As NHTSA’s Assistant Chief Counsel for Litigation and Enforcement, Goodman was the chief legal officer for the litigation and enforcement matters of the 600-plus employee federal agency. He also served as a senior trial attorney in the Secretary of Transportation’s Office of the General Counsel, where he led teams in matters throughout USDOT and across multiple transportation modes, including pipeline safety, hazardous materials, federal environmental, urban transit, motor carrier, aviation economic regulatory, and maritime matters.
Goodman is the fourth former USDOT regulatory attorney during the past 18 months to join Babst Calland’s Washington, D.C. office where former colleagues and energy attorneys from the USDOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) maintain a national Pipeline and HazMat Safety practice. He joins us from a prominent global law firm where he focused on transportation regulatory and litigation matters.
At the DOT, Goodman was recognized for effectively working with corporate executives, senior officials and engineers to achieve practical and efficient results in high profile enforcement actions, landmark consent orders, litigations and rulemakings. He collaboratively led some of the largest civil enforcement actions and recalls in the history of NHTSA – including the largest and most complex safety recall in U.S. history – involving nearly 70 million airbag inflators and tens of millions of vehicles subject to recall by 2019.
Before joining DOT/NHTSA, Goodman litigated at various law firms on behalf of companies and individuals in various high-value matters. He was also a seagoing officer in the U.S. Navy. He is admitted to practice in the District of Columbia, the U.S. Supreme Court, the U.S. Courts of Appeal for the D.C. and Sixth Circuit, and various U.S. District Courts. Goodman earned a J.D., with honor, from Case Western Reserve University School of Law, and a B.S. in Foreign Service from Georgetown University. He also earned a Certificate of Completion from Harvard University, John F. Kennedy School of Government, Executive Education, in the Strategic Management of Regulatory & Enforcement Agencies Program.
“Tim Goodman is a strategic addition to our Washington, D.C. office and our growing federal safety regulatory capabilities,” said Chester R. Babst III, a founding shareholder of Babst Calland. “Collectively, our D.C. attorneys represent a national resource for the energy, transportation and chemical industries, with years of experience in understanding federal agency priorities and emerging business and technology trends in these sectors,” said Babst.
Babst Calland’s office in the nation’s capital is located at The Southern Building at 805 15th Street NW, Suite 601, Washington, D.C.
More Regulatory Change and Uncertainty, More Opposition, More Diverse Energy Economy
PITTSBURGH, June 20, 2017 – Babst Calland released its seventh annual energy industry report entitled The 2017 Babst Calland Report – Upstream, Midstream and Downstream: Resurgence of the Appalachian Shale Industry; Legal and Regulatory Perspective for Producers and Midstream Operators. This annual review of shale gas development activity acknowledges the continuing evolution of this industry in the face of economic, regulatory, legal and local government challenges. To request a copy of the Report, contact info@babstcalland.com.
In this Report, Babst Calland attorneys provide perspective on issues, challenges, opportunities and recent developments in the Appalachian Basin and beyond relevant to producers and operators.
In general, the oil and gas industry has rebounded during the past year through efficiency measures, consolidation and a resurgence of business opportunities related to shale gas development and its impact on upstream, midstream and downstream industries. As a result, many new opportunities and approaches to regulation, asset optimization and infrastructure are underway. Increased spending during the past year has led to a significantly higher rig count in the Appalachian Basin enabling growth in the domestic production of oil and gas as other shale plays across the country experience reductions.
The shale gas industry continues to provide the tri-state region with significant economic opportunities through employment and related revenue from the development of well sites, building of pipelines necessary to transport gas to market, and new downstream opportunities being created for manufacturing industries due to the volume of natural gas and natural gas liquids produced in the Appalachian Basin. Shell’s progress from a year ago to construct an ethane cracker plant in Beaver County, Pennsylvania represents just one example of the expanding downstream market for natural gas. Many other manufacturing firms are expected to enter the region and establish businesses drawn by the energy and raw materials associated with natural gas and natural gas liquids from the Marcellus and Utica shales.
The Report also highlights changes that have occurred during the past year in the political landscape that are expected to affect the energy industry. The Trump administration is signaling a fundamental shift in the energy policies established by the Obama administration. New executive orders and policies have been issued that promise to lead to more pipeline development, reduced federal oversight of the oil and gas industry and increased access to oil and natural gas reserves.
Joseph K. Reinhart, shareholder and co-chair of Babst Calland’s Energy and Natural Resources Group, said, “This Report provides perspective on the challenges and opportunities of a resurging shale gas industry in the Appalachian Basin, including: the divergence of federal and state policy that creates more uncertainty for industry; increased special interest opposition groups on new issues and forums despite their lack of success in the courts; and the expansion from drilling to midstream development and now to downstream manufacturing that demonstrates the emergence of a more diverse energy economy.”
The 74-page Report contains six sections, highlighted below, each addressing key challenges for oil and gas producers and midstream operators.
- Business Issues: Adapting to the New Price Environment as natural gas producers continue to focus on reducing costs and improving efficiencies. Recently, the number of natural gas producers in the Appalachian Basin has contracted through select merger and acquisition activity. With efficiency of operations in mind, natural gas producers continue to focus on consolidating their activities geographically. The oil and gas industry faced significant financial stress over the past year, and 2016 will go down as one of the more dramatic years in the United States’ oil and gas history. In the 2016 calendar year, primarily due to low commodity prices, 70 North American oil and gas exploration and production companies filed for bankruptcy protection.
- State and Federal Governments Remain Active in a Changing Regulatory Landscape as developments in the state environmental standards for enforcement, air, water and waste management in Pennsylvania, West Virginia and Ohio, as well as anticipated initiatives from non-governmental organizations (NGOs), will continue to have an effect on production and midstream operations. Separately, the impact of the Trump administration on various federal regulatory initiatives from the Obama era promises to be significant. President Donald Trump’s March 28, 2017 Executive Order was directed towards the development of the country’s natural resources. The order, among other things, requires agencies to review regulations that may burden the development or use of domestic energy resources.
- Pipeline Safety Legislative and Regulatory Developments Continue to Shape the Industry through the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration’s (PHMSA) pipeline safety program. It is unlikely that there will be a dramatic shift in PHMSA’s enforcement policy in 2017. “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016” (PIPES Act) was signed into law last year with a provision allowing PHMSA to issue emergency orders if an unsafe condition or practice constitutes, or is causing, an imminent hazard. These emergency orders can impose industry-wide operational restrictions, prohibitions, or safety measures without a prior hearing.
- Litigation Trends including a number of alleged nuisance claims continue to travel through West Virginia, Ohio and Pennsylvania courts. Materials discussing alleged health effects from unconventional natural gas development continue to be disseminated at a record pace by industry opposition groups. A casual review of the material could lead to the erroneous conclusion that air emissions have not been tested; this is not, however, the case. The air quality data collected by a variety of objective parties using established monitoring and testing protocols around shale development in northeastern U.S. over the last six years demonstrate that shale operations are safe.
- Local Government Law and Regulations Continue to Spawn Debate and Legal Challenges which continue to increase throughout the Appalachian Basin. However, the industry has successfully challenged overly-restricted ordinances. In contrast to municipalities that have adopted ordinances that permit reasonable oil and gas development, some local governments continued in 2017 to test their regulatory authority by enacting strict regulations for uses ancillary to well site development. Operators impacted by these regulations likewise continued to push back on these local regulations that severely impede, if not entirely prohibit, development or operation.
- Downstream Opportunities include exciting developments for production and midstream companies with new emerging markets for consumption of natural gas and natural gas liquids, such as power generation, export, and the petrochemical and related manufacturing industries. The U.S. petrochemical industry is undergoing tremendous growth, including the Northeast which is a prime target for more niche markets, and an opportunity to repurpose industrial assets for this regionalized growth.
As market conditions evolve for the oil and gas industry in the Appalachia Basin and throughout the United States, Babst Calland’s multidisciplinary team of energy attorneys continues to stay abreast of the many legal and regulatory challenges currently facing producers and midstream operators.
The Babst Calland Report is provided for informational purposes to our clients and friends, and is not intended to constitute legal advice.
To stay on top of these developments, periodic update articles, news and regulatory information can be found on babstcalland.com or at the Firm’s Shale Energy Law Blog shaleenergylawblog.com. Subscribe to receive regular updates.
WASHINGTON, DC and PITTSBURGH, PA, June 12, 2017 – Johanna H. Jochum recently joined Babst Calland as an associate in the Energy and Natural Resources, Environmental and Transportation Safety groups and Pipeline and HazMat Safety practice. Ms. Jochum represents clients in a variety of pipeline and hazardous materials transportation safety matters before the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) and state commissions. Ms. Jochum also represents clients on matters involving U.S. Department of Energy (DOE) programs. A 2012 graduate of Washington University Law School, she previously served as an attorney-advisor for the DOE’s Office of the Assistant General Counsel for Legislation, Regulation, and Energy Efficiency.
PITTSBURGH, PA, June 7, 2017 – Gary E. Steinbauer recently joined Babst Calland as an associate in the Environmental Group. Mr. Steinbauer has experience with a broad range of environmental regulatory programs and assists clients on a variety of environmental matters. A 2006 graduate of the University of Toledo Law School, he previously spent nearly eight years working as an attorney in Region 5 of the U.S. Environmental Protection Agency.
PITTSBURGH, PA, May 11, 2017 – Jordan M. Kurth, Matthew J. McClelland and Anthony T. Pavlik recently joined law firm Babst Calland as associates in the Firm’s Mineral Title Services and Energy & Natural Resources groups.
Mr. Kurth’s practice focuses on advising clients on transactional matters related to energy, oil and gas and mineral title issues and opinions. A 2013 graduate of West Virginia University College of Law, he previously worked in land administration and as an analyst in the title group of an oil and gas company where he managed matters related to acquisition and distribution of assets, including lease and acreage discrepancies and curative title and opinion analysis.
Mr. McClelland’s practice focuses on 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. A 2014 graduate of Duquesne University School of Law, he previously worked as an associate at a mid-sized law firm in Wexford, Pa. where he worked on title and curative measures, as well as represented creditors in bankruptcy court.
Mr. Pavlik’s practice focuses on counseling various energy, oil, gas and mineral-related clients on transaction matters as they relate to oil and gas title issues, opinions, and due diligence. A 2012 graduate of Duquesne University School of Law, he previously worked as an in-house attorney for a natural gas exploration and production company focusing on title and curative matters.
PITTSBURGH, PA, April 26, 2017 – James D. Miller, a shareholder in the Litigation and Construction groups at Babst Calland, was selected by The Legal Intelligencer as a “2017 Lawyer on the Fast Track” in Pennsylvania.
A 2008 graduate of the Duquesne University School of Law, Mr. Miller’s practice focuses primarily on commercial litigation and construction law. He has represented clients ranging from publicly-traded corporations to individuals in a variety of construction and business litigation cases in state and federal courts in Pennsylvania, Colorado, Florida, Georgia, Illinois, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Washington and West Virginia. Mr. Miller’s commercial litigation experience includes handling claims concerning breach of fiduciary duty, shareholder disputes, non-compete agreements, misappropriation of trade secrets, RICO and cyber-squatting, as well as more standard business claims such as breach of contract and mineral rights lease disputes. Mr. Miller routinely advises companies in the construction and energy industries, including contractors, subcontractors, suppliers and project owners, with issues related to contract drafting, project management, dispute resolution and general business consultation.
The Legal Intelligencer asked the Pennsylvania legal community to submit nominations for the annual Lawyers on the Fast Track honors. After reviewing their results, a six-member judging panel composed of evaluators from all corners of the legal profession and the state selected 32 attorneys as the 2017 Lawyers on the Fast Track. This recognition is only given to attorneys under the age of 40 who have demonstrated excellence in four categories: development of the law; advocacy and community contributions; service to the bar; and peer and public recognition.
PITTSBURGH, PA, April 3, 2017 – Jeremy P. Rudkin recently joined Babst Calland as an associate in the Corporate and Commercial Group. Mr. Rudkin focuses primarily on corporate and real estate-related matters. He advises clients on a broad range of general corporate matters, including entity formation, structure, and corporate contracts. His real estate practice involves secured real estate financings, negotiating and drafting real estate purchase and sale agreements, residential and commercial leases and related agreements. A 2011 graduate of the Duquesne University School of Law, he previously practiced for five years as a real estate and litigation attorney in the Pittsburgh office of a national law firm.
PITTSBURGH, PA, March 20, 2017 – Anthony R. Burgess recently joined Babst Calland as an associate in the Energy & Natural Resources Group. Mr. Burgess focuses primarily on counseling various energy, oil, gas and mineral-related clients on transaction matters, including title examination, oil and gas title opinions, and due diligence. A 2008 graduate of the Duquesne University School of Law, he previously worked as an associate in the energy practice group at a Pittsburgh law firm where he focused primarily on oil and gas title opinions and due diligence matters in Pennsylvania, West Virginia, and Ohio.
CHARLESTON, WV, March 16, 2017 – Katrina N. Bowers recently joined Babst Calland as an associate in the Energy and Natural Resources and Litigation groups. Ms. Bowers’ practice focuses primarily on representing oil, gas and coal companies in litigation concerning a variety of matters. She also advises clients regarding safety, health, and environmental regulations.
Ms. Bowers remains actively involved in the Defense Research Institute and the Defense Trial Counsel of West Virginia, where she has chaired the Safety and Health and Energy committees since 2013. She was also recognized as the 2016 Defense Trial Counsel of West Virginia Young Lawyer of the Year.
A 2013 graduate of the West Virginia University College of Law, she previously served on the Moot Court Board and as president of the Defense Trial Counsel of West Virginia’s Student Society.
Commenting on her move to the Firm, Steven Green, managing shareholder of Babst Calland’s Charleston office, said, “We are very pleased to welcome Katrina Bowers to our Firm and to our established legal team in Charleston. As a litigator who focuses on energy-related law, she is a natural fit for us in serving the needs of existing and new clients in our region.”
PITTSBURGH, PA, March 6, 2017 – Jaclyn Moldovan recently joined Babst Calland as a staff attorney in the Corporate and Commercial Group. Ms. Moldovan’s practice focuses primarily on representing clients in mergers and acquisitions, negotiating and drafting contracts, real estate matters, and general corporate matters. A 2001 graduate of Villanova University School of Law, she previously was a compliance officer for the PNC Financial Services Group, Inc. and a senior sanctions investigator for the Office of Foreign Assets Control at the United States Department of the Treasury.
PITTSBURGH, PA, February 24, 2017 – Christopher W. Capcara and Drew F. Mattern recently joined Babst Calland as associates in the Firm’s Mineral Title Services and Energy & Natural Resources groups. They counsel various energy, oil, gas and mineral-related clients on transaction matters as they relate to gas title issues and opinions. Mr. Capcara is a 2010 graduate, cum laude, of the Duquesne University School of Law, and Mr. Mattern is a 2012 graduate of Gonzaga University School of Law.
PITTSBURGH, PA, February 24, 2017 – Babst Calland has been named to this year’s Pennsylvania Business Central’s “Top 100 Organizations” list and profiled in its February 24th Special Edition. Nominations were taken throughout the publication’s 24-county coverage area, and the final honorees were businesses that achieved a level of excellence and had a positive impact on the region in 2016.
PITTSBURGH, PA, January 27, 2017 – Elizabeth A. Dupuis has been named to this year’s Pennsylvania Business Central’s “Top 100 People” list and profiled in its January 27th Signature Top 100 issue. Nominations were taken throughout the publication’s 24-county coverage area, and the final honorees were selected by a special selection committee for their professional and community contributions.
PITTSBURGH, PA, February 3, 2017 – Megan A. Mariani, associate, and Bridget T. Ferris, associate, recently joined Babst Calland’s Energy & Natural Resources Group.
Ms. Mariani focuses primarily on counseling various energy, oil, gas and mineral-related clients on transaction matters as they relate to oil and gas title issues, opinions, and due diligence. A 2009 graduate, magna cum laude, of the Duquesne University School of Law, she previously worked as an associate in the energy practice group at a Pittsburgh law firm where she counseled energy clients on various transactional matters relating to acquisition and development of oil and gas assets.
Ms. Ferris counsels various energy, oil, gas and mineral-related clients on transaction matters related to oil and gas title issues and opinions. A 2008 graduate of the Florida Coastal School of Law, she previously worked as an oil and gas title attorney for a small Washington County law firm.