Category: Litigation

Barnes, Moyer and Puhnaty Join Babst Calland

Jessica M. Barnes, Mackenzie M. Moyer and Christina M. Puhnaty recently joined law firm Babst Calland’s Pittsburgh, Pa. office as associates.

Ms. Barnes, a 2021 graduate of Duquesne University Law School, joins the Litigation Group. She practices in a variety of litigation practice areas, including commercial, employment and labor, land use, and energy and natural resources.

Ms. Moyer, a 2021 graduate of Penn State Law, joins the Environmental Group. She assists clients with matters encompassing a broad range of environmental issues, including those related to state and federal permitting and regulatory compliance.

Ms. Puhnaty, a 2021 graduate of the University of Wisconsin Law School, joins the Environmental Group. She assists clients with matters encompassing a broad range of environmental issues, including those related to state and federal permitting, regulatory compliance, and environmental litigation.

Three Babst Calland Attorneys Named as 2022 Best Lawyers® “Lawyers of the Year”, 31 Selected for Inclusion in The Best Lawyers in America©, and 13 Named to Best Lawyers® “Ones to Watch”

Babst Calland is pleased to announce that three lawyers were selected as 2022 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 2022 Best Lawyers “Lawyer of the Year” include:

Kevin K. Douglass, Natural Resources Law “Lawyer of the Year” in Pittsburgh, Pa.

Mark D. Shepard, Bet-the-Company Litigation “Lawyer of the Year” in Pittsburgh, Pa.

Robert M. Stonestreet, Environmental Law “Lawyer of the Year” in Charleston, W. Va.

In addition, 32 Babst Calland lawyers were selected for inclusion in the 2022 Edition of The Best Lawyers in America (by BL Rankings), the most respected peer-review publication in the legal profession:

  • Chester R. Babst – Environmental Law, Litigation – Environmental
  • Donald C. Bluedorn II – 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
  • 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, and Mediation
  • Steven M. Green – Energy Law
  • Lindsay P. Howard – Environmental Law, Litigation – Environmental
  • 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 – Construction Law and 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
  • Mychal Sommer Schulz – Litigation – ERISA
  • Mark D. Shepard – Commercial Litigation, Bet-the-Company Litigation, Litigation – Environmental
  • Steven B. Silverman – Information Technology Law, Commercial Litigation
  • Krista-Ann M. Staley – Land Use and Zoning Law
  • 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

13 Babst Calland lawyers were also named to the 2022 Best Lawyers: Ones to Watch list which recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States:

  • Mary H. Binker – Corporate Law and Real Estate Law
  • Katrina N. Bowers – Energy Law and Environmental Law
  • Carla M. Castello – Commercial Litigation, Litigation – Labor and Employment and Mass Tort Litigation / Class Actions – Defendants
  • Marissa A. Cocciolone – Energy Law
  • Nicholas M. Faas – Administrative / Regulatory Law and Government Relations Practice
  • Marc J. Felezzola – Commercial Litigation and Litigation – Construction
  • Alyssa Golfieri – Land Use and Zoning Law and Municipal Law
  • Sean R. Keegan – Commercial Litigation and Litigation – Labor and Employment
  • Jennifer L. Malik – Land Use and Zoning Law
  • James D. Mazzocco – Litigation – Environmental and Transportation Law
  • Cary M. Snyder – Appellate Practice, Commercial Litigation, and Communications Law
  • Joshua S. Snyder – Commercial Litigation and Energy Law
  • Benjamin R. Wright – Commercial Litigation and Construction 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.

Joseph Schaeffer Joins Babst Calland

Joseph V. Schaeffer recently joined Babst Calland as a shareholder in the Litigation Group. He focuses his practice on environmental, energy and complex commercial litigation. Mr. Schaeffer has tried various environmental and commercial cases before environmental hearings boards, courts, and juries. He has also had primary responsibility for multiple appeals and argued several cases in the Supreme Court of Appeals of West Virginia.

Mr. Schaeffer has significant experience working with clients on overcoming obstacles that can hinder their commercial development projects. He has served as lead trial counsel in several land use disputes involving zoning ordinances and was lead appellate counsel in a precedent-setting West Virginia Supreme Court decision that established the constitutional limits of municipal zoning. He has counseled clients on other land use disputes involving annexation, deannexation, and state and federal preemption issues. He served as co-trial counsel in successfully obtaining an injunction against a government agency’s attempt to use its eminent domain powers to take an industrial client’s facility. And he has litigated multiple property tax valuation and exemption appeals and worked on two precedent-setting West Virginia Supreme Court decisions affirming the legal structure used by state economic development authorities to offer property tax incentives.

Prior to joining Babst Calland, Mr. Schaeffer was an associate with Spilman Thomas & Battle, PLLC. He is a 2012 graduate, cum laude, of the University of Pittsburgh Law School.

Cary Snyder Joins Babst Calland

Cary M. Snyder recently joined Babst Calland as an associate in the Litigation Group.

Mr. Snyder primarily works in the areas of complex commercial litigation and appellate practice. He has experience in all stages of litigation, from drafting complaints through dispositive motions, discovery, settlement, and trial. He also represents clients in matters before federal and state appellate courts.

Prior to joining Babst Calland, he was an associate in the Cleveland, Ohio office of a regional law firm where he defended colleges and universities in matters involving claims of defamation, breach of contract, and gender discrimination under Title IX, as well as retailers and other businesses in class action litigation. Mr. Snyder also worked as an associate in the Pittsburgh office of an international law firm where he focused on complex litigation and government regulatory matters on behalf of health care providers. He also defended one of the big three credit bureaus in claims under the Fair Credit Reporting Act.

Mr. Snyder is a 2011 graduate, magna cum laude, of the University of Minnesota Law School.

The 2020 Babst Calland Report Highlights Legal and Regulatory Challenges for the U.S. Oil and Gas Industry

Oversupply and pandemic bring on need to adapt to a changing market

PITTSBURGH – Babst Calland today published its 10th annual energy industry report: The 2020 Babst Calland Report – The U.S. Oil & Gas Industry: Federal, State, Local Challenges & Opportunities; Legal and Regulatory Perspective for Producers and Midstream Operators. 

In this Report more than 50 energy attorneys provide perspective on the current state of the U.S. natural gas and oil production industry and its growth to historic highs due to more than a decade of advances in on-shore horizontal drilling and high-volume hydraulic fracturing. It asserts that despite current challenges, a maturing shale industry is poised for future growth as natural gas and oil producers have driven down the costs of production. Transportation options for moving these natural resources from growing areas of production to customers continue to be built, even with new hurdles from regulators and other stakeholders.

Joseph K. Reinhart, shareholder and co-chair of Babst Calland’s Energy and Natural Resources Group, said, “The U.S. natural gas and oil industry has experienced tremendous growth and change since we first published this Report in 2011. Fast forward to an unprecedented 2020 with a pandemic, a corresponding economic slow-down and oversupply of natural gas and crude oil. With increased public and government pressure, sustained low prices, and less-reliable financing options, resiliency will continue to be the driving force of a dynamic energy market that continues to evolve.

Report highlights

The Babst Calland Report is an annual review of the issues and trends at the federal, state and local level in the oil and gas industry over the past year. The 102-page Report covers a range of topics from the industry’s business outlook, regulatory enforcement and rulemaking to developments in pipeline safety and litigation trends. The Firm’s collective legal experience and perspectives on these and related business developments are highlighted in this Report, including those summarized below:

  • Long-term, U.S. energy production appears poised to continue to outstrip domestic consumption due in some measure to increased consumption efficiency, along with the obvious ramifications from the natural gas revolution.
  • The regulatory environment is focused on climate change, reducing emissions, water quality developments, and enforcement. Increased volumes of written agency guidance, enforcement, and penalties continue to challenge the industry.
  • Citizens groups continue to actively challenge federal and state initiatives designed to expand natural gas and oil development, creating delays and uncertainties.
  • Land use and zoning challenges continue at the local level. Increasing industry headwinds have resulted in a slowdown of new permitting activity amid ongoing challenges and ordinance restrictions.
  • Public interest in pipeline safety has grown amid opposition and new rules from the Pipeline and Hazardous Materials Safety Administration in response to increased public and congressional pressure to initiate and finalize new or revised pipeline safety regulations. Operators seek to install new or replace existing pipelines throughout the U.S. while advocacy groups aggressively oppose many pipeline projects.
  • Title legislation and court decisions vary by state and basin. In Pennsylvania, for example, Act 85 took effect in January 2020 and defines the conditions in which oil and gas producers may drill a lateral wellbore that crosses between two or more pooled units.
  • Although 2019 saw renewed claims of adverse health effects allegedly related to oil and gas development, support for such claims continues to be limited, as now noted by numerous publications.
  • Unmanned aircraft systems take hold in the energy sector. Despite the pandemic and its impacts, unmanned aircraft systems (UAS) have emerged as essential tools for the energy industry for conducting complex inspection and monitoring of difficult to access infrastructure and locations.
  • From a workforce standpoint, COVID-19 conditions and other wage and hour regulations, amendments to the Family Medical Leave Act, and expanded unemployment benefits under the CARES Act have had an impact on companies across the country.

The natural gas and oil industry continues to expand its reach and impact on U.S. energy supply and independence. Each company has its own set of opportunities and challenges to navigate based on its financing, debt, shareholder goals, and operations and infrastructure footprint. Nonetheless, the United States’ plentiful supply of natural gas and oil is expected to continue to fuel the country’s economic future and support national security.

Request a copy of the Report

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.

Veteran Environmental Attorney Joins Babst Calland’s Washington, D.C. Office

WASHINGTON, DC and PITTSBURGH, PA – May 6, 2019 – Babst Calland today announced the lateral move of Julie Domike, a veteran environmental attorney, who joined the firm’s Washington, D.C. office as shareholder, effective April 29.

Ms. Domike will provide senior-level legal counsel in key practice areas including Environmental, Mobility, Transport and Safety, and Litigation. Ms. Domike has represented numerous clients across the country in complex negotiations with the U.S. Department of Justice and EPA, resulting in global settlements affecting multiple company facilities. Much of Ms. Domike’s practice involves permitting and other issues under the Clean Air Act, addressing issues associated both with mobile and stationary sources.  Ms. Domike has worked with companies engaged in developing new projects or modifying existing plants, and she has worked with clients on environmental audits and subsequent correction and disclosure to state and federal environmental agencies.

Having previously served as an attorney and manager at the United States Environmental Protection Agency (EPA) Headquarters, Ms. Domike understands the Agency’s enforcement approach and counsels clients to engage with EPA in rulemaking, and enforcement. She has represented a variety of companies that have been the focus of EPA’s regulations, including refineries, engine manufacturers, independent power producers, chemical plants, fuel producers, and construction and farm equipment makers.

Commenting about this lateral move to the Firm, Donald C. Bluedorn II, managing shareholder of Babst Calland, said, “We are very pleased to welcome Julie to our Firm and to our established team in Washington, D.C. She is a natural fit for us and her experience further complements the existing synergies that we offer clients, particularly in the Energy, Mobility, and Transportation industries.”

Julie Domike’s arrival at Babst Calland also represents sustained growth in the Mobility practice, led by Firm shareholder Tim Goodman, responding to our clients’ requests to provide environmental and emissions mobile source services before EPA, the California Air Resources Board (CARB), and other regulatory agencies as a part of our best-in-class team.”

“As an attorney focused on environmental law, I am pleased to be joining a well-established, multidisciplinary legal team representing clients in the various industries where I have served ” said Attorney Julie Domike.

“Since opening Babst Calland’s Washington, D.C. office in 2016, we have grown to 10 professionals focused on serving clients in the energy, mobility, emerging technologies and transportation sectors. Julie brings a new dimension to our team, and allows the firm to better serve our clients throughout the country.” said James Curry, managing shareholder of the Washington, D.C. office.

Farone, Harris, Hido and Oven Join Babst Calland

PITTSBURGH, PA, April 29, 2019 – Attorneys Alexandra G. Farone, Bilal M. Harris, Daniel P. Hido and Amy T. Oven joined Babst Calland.

Alexandra G. Farone is an associate in the Litigation and Employment and Labor groups of Babst Calland. Ms. Farone has a broad range of litigation experience in several practice areas including complex commercial litigation, premises liability, employment, construction, and oil and gas law. She also has experience counseling corporate clients regarding employment matters including best practices and procedures, and compliance with the FLSA, ADA, ADEA and Title VII. She is a 2017 graduate, magna cum laude, of the University of Pittsburgh School of Law.

Bilal M. Harris is an associate in the Firm’s Environmental Group. As a former attorney for the U.S. Environmental Protection Agency (U.S. EPA), Mr. Harris utilizes his experience to assist clients on a broad range of matters under major federal and state environmental programs, with emphasis on matters arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). He is a 2011 graduate of Howard University School of Law.

Daniel P. Hido is an associate in the Environmental Group. Mr. Hido assists clients on environmental regulatory matters in the context of compliance counseling, enforcement defense, remediation obligations, and business transactions. With a broad background in the principal federal environmental regulatory programs, he particularly focuses on hazardous and non-hazardous waste issues, the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act. He is a 2014 graduate of Cornell Law School.

Amy T. Oven is a staff attorney in the Energy and Natural Resources Group of Babst Calland. Mrs. Oven counsels various energy, oil, gas and mineral-related clients on transaction matters, including title examination, title curative, oil and gas title opinions, division order title opinions and due diligence. She is a 2007 graduate of the University of Pittsburgh School of Law.

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