Energy & Environmental
Experience
Spilman Thomas & Battle attorneys provide counsel and guidance to midstream companies in the Appalachian region during all phases of pipeline development and operation.
Our recent experience with the midstream industry includes the following:
Litigation
- Represent midstream companies in litigation throughout Pennsylvania and West Virginia, including in the following courts:
- Pennsylvania Courts of Common Pleas of Allegheny, Westmoreland, Fayette, Greene, Butler, and Washington counties
- United States District Court for the Western District of Pennsylvania and United States District Court for the Northern District of West Virginia
- West Virginia Circuit Courts of Marshall and Ohio counties
- Defend cases involving a wide variety of claims throughout these jurisdictions, including claims for breach of contract for violations of Right-of-Way/Easement agreements, negligence, fraud, trespass, claims brought under state Hazardous Sites Cleanup Acts, claims for improperly placed pipelines, and private and public nuisance claims for activities related to pipeline construction and the operation of compressor stations, including for noise, dust and release of hazardous materials
- Successfully defend major midstream company in defeating injunction action brought in federal court in West Virginia by landowner attempting to stop access to and work on his property related to the repair of a pipeline rupture
- Advise clients regarding viability of eminent domain activities in Pennsylvania, West Virginia, Ohio and elsewhere
- Negotiate with landowners on pre-litigation matters involving nuisance, trespass and other potential claims
Transactional and Commercial
- Handle all aspects of multi-billion-dollar pipeline project spanning numerous states, including putting protocols in place for activities in Pennsylvania, West Virginia, Ohio and elsewhere for issues ranging from acquisition of options for rights-of-way to construction documents
- Analyze and draft gathering agreements
- Negotiate and draft all documents related to acquisitions of rights of way in Pennsylvania and West Virginia
- Document, file and record right-of-way and easement acquisitions and other transactions in Pennsylvania and West Virginia
Labor and Employment
- Defend against claims raised in administrative proceedings and litigation in multiple jurisdictions
- Handle all aspects of wage and hour audit initiated by the Department of Labor
- Advise on national union avoidance and related issues
- Provide advice and counseling on employee-related issues including classifications, hiring, performance, termination and legal compliance
Environmental
- Respond to Clean Air Act Section 114 information requests
- Advise on storage tank issues in multiple jurisdictions
- Advise on all aspects of EPA inspections of gas processing and de-ethanization plants
- Handle all aspects of air permitting issues with DEP in several states, including Pennsylvania and West Virginia
- Advise clients on environmental aspects of pipeline projects related to storm water construction permitting, stream crossings, air permitting for compressor stations, solid waste disposal and similar issues
For additional information, please contact:
304.340.3838