Alana E. Fortna
Area of Emphasis
Alana Fortna is a shareholder in the Litigation and Environmental groups of Babst Calland. Ms. Fortna’s practice involves complex commercial litigation primarily focusing on environmental litigation. In her environmental practice, she has significant experience representing clients in large-scale cost recovery actions under CERCLA and state law statutes, actions seeking injunctive relief under RCRA, and citizens’ suits brought under various federal statutes and regulatory programs including the Clean Water Act and the Clean Air Act. Ms. Fortna’s Superfund practice involves representing clients in federal litigation, as well as private allocation processes outside of the traditional litigation context. Ms. Fortna also counsels clients on issues related to site remediation and pre-litigation matters involving responses to information requests, notice of liability letters and enforcement orders from state and federal agencies. She helps clients navigate environmental liability issues and negotiate settlements and consent decrees with state and federal agencies. Her environmental litigation experience also includes representing businesses before the Pennsylvania Environmental Hearing Board in matters related to environmental permit appeals involving the regulatory authority and third-party challengers. She has represented clients in state court in Pennsylvania, as well as federal courts across the country. Ms. Fortna also has significant federal appellate experience and has successfully handled appeals in the Seventh Circuit, the D.C. Circuit, and the Third Circuit, as well as the Superior Court of Pennsylvania.
Ms. Fortna graduated with high distinction from The Pennsylvania State University in 2007 with a B.S. in Crime, Law and Justice, with an emphasis in legal studies. She received her J.D. from Duquesne University School of Law in 2010 where she graduated magna cum laude. While at Duquesne, Ms. Fortna was a member of the trial advocacy program and competed in the Buffalo-Niagara National Mock Trial Competition in Buffalo, New York. She was selected by members of the Duquesne faculty to be a member of the National Order of Barristers for her participation and performance as a student advocate. Ms. Fortna also served as a summer law clerk to Justice Debra Todd of the Pennsylvania Supreme Court.
Memberships and Affiliations
Ms. Fortna was admitted to the Pennsylvania Bar in 2010 and the Western District of Pennsylvania in 2011; and is admitted to the U.S. Court of Appeals for the Third, Seventh and D.C. Circuits and the Supreme Court of the United States. She is a member of the Allegheny County, Pennsylvania and American Bar associations. Ms. Fortna is also a member of the Toxic Torts and Environmental Law Committee of the Defense Research Institute (DRI) and actively participates in planning activities for the Committee’s annual seminar. Ms. Fortna maintains a leadership role with DRI, acting as the Marketing Co-Chair for the Toxic Torts and Environmental Law Committee.
- Author, “Winds of Change: Biden’s Impact on Superfund,” The Legal Intelligencer, April 8, 2021 and For the Defense, DRI, June 2021.
- Podcast, “Constitutional Environmental Litigation,” DRI, August 22, 2019.
- Author, “Constitutional Litigation for the Environmental Lawyer,” For the Defense, DRI, June 2019.
- Author, “Groundwater Conduit Theory and Its Impact on Superfund Sites, Waste Management Units,” The Legal Intelligencer, April 12, 2019.
- Co-presenter, “Suing States and Local Governments Over Laws and Permits,” DRI Toxic Torts and Environmental Law Seminar, March 14–15, 2019.
- Author, “What’s Emerging in the Drinking Water?,” The Voice, February 21, 2018.
- Co-presenter, “CERCLA and Beyond: Environmental Update on Issues of Impact,” Pennsylvania Bar Institute, October 2017.
- Author, “EPA Final Rule Adds Vapor Intrusion to Hazard Ranking System,” The Voice, February 15, 2017.
- Moderator, “In the Know—Emerging Environmental Legal Challenges and Issues from an In-house Perspective,” Defense Research Institute, Toxic Torts and Environmental Law Seminar, March 2016.
- Co-presenter, “Advanced Piercing the Corporate Veil,” Pennsylvania Bar Institute, June 2013 and June 2016.
- Co-presenter, “The Litigation Hold: Why All Attorneys Need to Consider It,” In-house CLE, October 2014.
- Co-author, “Labor Law Primer/Refresher on Strikes and Picketing,” the 29th Annual Construction Labor Symposium, April 2013.
Alana E. Fortna
B.S. in Crime, Law and Justice, with an Emphasis in Legal Studies, Pennsylvania State University, with high distinction, '07
J.D., Duquesne University School of Law, magna cum laude, '10