Mr. Elliott’s primary areas of practice are civil and criminal environmental law with experience in appellate and district court litigation, agency rulemaking, compliance counseling and administrative adjudication with special emphasis on Clean Air Act matters.
Education
- Bucknell University, B.A., 1990
- Pace University School of Law, J.D., 1996
Experience
- Representing more than twenty national, regional, and state oil and natural gas associations challenging Clean Air Act Subpart OOOOa/b/c and Subpart W in the United States Court of Appeals for the D.C. Circuit
- Representing electric utilities, pulp and paper, chemical manufacturers and pipeline companies in EPA’s New Source Review enforcement initiatives against these industry sectors
- Representing electric utilities, chemical manufacturers and meat processors in investigations involving possible criminal enforcement of alleged environmental crimes
- Representing and counseling of chemical manufacturers on RCRA compliance, including environmental audits and defense of enforcement actions and administrative matters
- Representing a wide variety of PRPs (from Fortune 500 to trustees) in CERCLA remedial actions as well as in the defense of contribution and cost recovery claims for site cleanup costs
- Representing corporate witnesses and other subjects of criminal investigations, and assisting in responding to grand jury subpoenas
- Counseling a variety of interests associated with processing property through West Virginia’s Voluntary Remediation Program
- Counseling lenders and purchasers regarding environmental issues and due diligence associated with commercial and real estate transactions
Representative Cases
- United States v. Westvaco Corp., 144 F.Supp. 2d 439 (D.Md. 2001)
- Appalachian Power Co. v. EPA, 251 F.3d 1026 (D.C. Cir. 2001)
- Appalachian Power Co. v. EPA, 249 F.3d 1032 (D.C. Cir. 2001)