Profile

Scott is Co-Chair of the Energy & Environmental Group, and has lead the Environmental Law & Toxic Tort practice since 1998. He also practices in the Oil & Natural Gas, Food & Beverage, and Pipeline & Oil/Gas Infrastructure Groups where he provides experienced environmental counsel to clients in those industry-based groups.

Scott is a lawyer based in Harrisburg, PA who focuses his practice entirely in the environmental law and toxic tort areas.  He counsels business and industrial clients in all aspects of environmental law compliance. The scope of Scott’s practice includes compliance counseling, permitting, remediation counseling, and compliance auditing under all regulatory programs, including water, waste, air, wetlands and encroachments, storage tanks, surface mining, and oil and gas exploration, production, and transportation.

Scott has extensive experience in the remediation and reuse of environmentally impacted properties.  He works with business and real estate/land use attorneys to address and effectively manage the environmental implications of business and real estate transactions and on land use matters ranging from storm water and wetlands to alleged health implications of proposed development.

Scott is also a skilled trial attorney who litigates before a multitude of state and federal courts and administrative hearing boards on matters including defense of compliance actions, permit appeals, and private actions for property damage and remediation.  He also regularly defends clients in toxic tort actions alleging personal injury, increased risk of disease, or wrongful death as a result of environmental exposures.

Scott is part of the Oil and Gas and Pipeline & Oil/Gas Infrastructure bringing his 29-plus years of experience to those industries.  Within the energy production and transportation space, he has worked on projects as wide-ranging as permitting facilities for reclamation of flowback and produced water, using mine-impacted water for makeup water well completion, linear project permitting, compliance, and enforcement matters, wetland and streambank restoration banking, stormwater permitting, air permitting, and endangered and threatened species issues.

Scott serves as the environmental law member of the Food Industry Group.  He represents a large swath of food industry clients ranging from vegetable and fruit processing to meat and poultry processing to concentrated animal feeding operations.  He has extensive experience in the management of food processing waste and wastewater, as well as water supply issues.

He has longstanding relationships with regulators at the local, state, regional, and federal levels, and is regularly engaged in matters relating to river basin commissions as well.  This broad experience provides clients with complete and well-rounded advise on all environmental regulatory matters

EXPERIENCE/REPRESENTATIVE CASES

Provided legal counsel and guidance in large water reuse project that allows treated wastewater to be used for sanitary water, racetrack conditioning, and landscape irrigation.

Successfully challenged and overturned PADEP denial of a 70-acre solid waste landfill and recycling facility, and eventually obtained permits resulting in over $100 million of landfill air space.

Negotiated general permit for reclamation and reuse of flowback from unconventional natural gas drilling and completion.

Provided legal counsel on dozens of remediation projects, including remediation of solvents, petroleum, and chromium at several large industrial and former industrial sites.

Successfully defended benzene exposure toxic tort matter involving 1000+ plaintiffs and two class actions.

Co-editor of the Pennsylvania Bar Institute’s “Environmental Law & Pracetice” Treatise, 8th Edition.

 

EDUCATION

Old Dominion University, B.S., 1988

Syracuse University College of Law, J.D., 1991, magna cum laude; Order of the Coif; Justinian Honorary Law Society

HONORS/AWARDS

The Best Lawyers in America®, Environmental Law, Environmental Litigation, 2006-present

Best Lawyers® “Lawyer of the Year” Environmental Law 2010, Environmental Litigation 2010

Pennsylvania Super Lawyers®, Environmental Law Section, 2004, 2006, 2007, 2009, 2010, 2011, 2012, 2013, 2014

Local Legal Leader – Harrisburg Magazine, 2015-present

Select Lawyers, 2014-present

MEMBERSHIPS

PA Chamber Enviro Committee, 1995-present

PA Bar Association

  • Member Environmental & Energy Law Section (EELS) and Administrative Law, 1991-present
  • Council member of EELS, 2013-present
  • Treasurer of EELS council, 2016-2018
  • Secretary of EELS council, 2019-present

Dauphin County Bar Association, 1991 – present

Pennsylvania Bar Institute, co-editor of the Environmental Law & Practice 2012-present

ALFA

  • ALFA committee 2014-present
  • Environmental subcommittee 2014-present

Tri-County Opportunities Industrialization Center, Secretary of the Board – 2008-present

COURT ADMISSIONS

U.S. District Court – Eastern District of Pennsylvania

U.S. District Court – Middle District of Pennsylvania

U.S. District Court – Western District of Pennsylvania

U.S. Third Circuit Court of Appeals

Bar Admissions

Pennsylvania

PUBLICATIONS

April 3, 2020 - Masks for Employees During the COVID-19 Pandemic?: White House, Governor Wolf Recommend Masks for the Public and OSHA Issues Guidance for Employers
McNees Client Alert

April 2, 2020 - PADEP Responds to COVID-19: How to Ask PADEP for a Temporary Suspension of Environmental Compliance Obligations
McNees Client Alert

March 20, 2020 - UPDATE: What Does the Governor’s COVID-19 Order Mean for Developers and Compliance with Environmental Permit Requirements?
McNees Client Alert

February 24, 2020 - All Permittees for Construction Stormwater General Permits Face Deadline to Submit Certification
Environmental Law Client Alert

July 27, 2019 - Overview of EPCRA and Important Changes for Pennsylvania Agriculture
The Legal Intelligencer

December 13, 2018 - EPA Announces "WOTUS" Replacement Rule that Will Affect Development and Narrow Jurisdictional Wetlands and Waters
McNees Energy & Environmental Client Alert

July 26, 2018 - MS4 Requirements and the Impact to (and Upside for?) Developers
The Legal Intelligencer

February 6, 2018 - USEPA Withdraws “Once In Always In” VOC Air Quality Policy
McNees Environmental & Toxic Tort Alert

January 26, 2018 - Stormwater Regulation and Fees Will Impact Businesses and Development
Corporate Counsel Business Journal

November 14, 2017 - Stormwater Regulation and Fees Will Impact Auto Dealers
McNees Auto Notes

October 19, 2017 - Pennsylvania Fails to Timely Reissue General Permit for Stormwater Discharges Associated with Construction Activities – After December 7, 2017, Individual NPDES Permits Will Be Required For New Projects
McNees Environmental & Real Estate Development Alert

February 21, 2017 - EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of Confidentiality Claims
Environmental and Energy Law Client Alert

May 1, 2016 - Legal Considerations for Underground and Aboveground Storage Tank Compliance

January 22, 2016 - McNees Environmental Client Alert
Pennsylvania High Court Reinforces Nuisance Claim Bar Under the Right To Farm Act

December 15, 2015 - Waste Not, Want Not

July 1, 2015 - Pennsylvania Environmental Law & Practice, 8th Edition (eBook)

February 8, 2013 - Pennsylvania Department of Environmental Protection Proposes 50 Percent Increase in Title V Annual Air Emissions Fees