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)
Distinctions
- Recipient of The Henry M. Feldschuh Environmental Law Award, 1996
Admissions
- West Virginia State Bar
- District of Columbia Bar
- Maryland State Bar
- Pennsylvania State Bar
Publications & Presentations
- Author, “Cutting Through the Red Tape of Costly New Regulations,” IPAA Access, Spring 2015
- Author, “Administration’s Climate Action Plan Breathes New Life Into Oil and Natural Gas Air Regulations,” The Shale Play Today, April 2014
- Presenter, “Challenges in the Air,” Spilman Environmental Forum, Farmington, Pa., April 2014
- Author, “CG Policy on Barging of Produced Water,” IOGA WV newsletter, January 2014
- Author, “Oil and Natural Gas Sector: Compliance Guidance for Subpart OOOO Requirements for Storage Vessels,” white paper prepared for the Independent Petroleum Association of America, 2013
- Author, “EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells,” The Shale Play Today, September 2013
- Author, “Regulation in the Air: The Latest Federal & State Developments,” IOGA WV newsletter, June 2013
- Author, “Tennessee Gas Pipeline Company Goes on the Offensive,” The Shale Play Today, February 2013
- Author, “Independent Natural Gas Producers Challenge EPA Air Rules,” The Shale Play Today, November 2012
- Speaker, Coal-Based Power Plant Permitting Seminar, March 2006
Community Involvement
- Alliance for the Chesapeake Bay Board of Directors
- Former Chair, Chesapeake Bay Program Citizens Advisory Committee to the Executive Council, 2008 - 2010
- York County Conservation District Board of Directors