Environmental Litigation

Marc has worked on a wide range of environmental litigation issues arising from permitting disputes, contaminated sediment and groundwater sites, and M&A deals. He has extensive experience litigating EHB permit appeals and Superfund allocations, including at the Fox River Site in Wisconsin.

Marc spent the early 1990s studying envioronmental science, earning a Masters in Environmental Science from the University of Pennsylvania, where he studied global warming and air modelling under Bob Geigengack. He brings this knowledge to bear working with consultants and expert witnesses to develope science-based challenges to governmental decisions involving air and water quality modeling, the relative merits of competing risk assessments, groundwater and sediment contamination, and Natural Resource Damage claims.

Marc acted as co-counsel in numerous matters. Among those resulting in opinions or resolved by judgment or settlements approved by the tribunal are:

  • Appleton Papers Inc. v. George A. Whiting Paper Co., No. 2:08-CV-16-WCG (E.D. Wis. summary judgment granted Dec. 16, 2009)
  • Appleton Papers Inc. v. George A. Whiting Paper Co., 572 F. Supp. 2d 1034 (E.D. Wis. 2008)
  • United States v. P.H. Glatfelter Co. (“Lower Fox River and Green Bay OU-1”), No. 2:03-CV-949-LA (E.D. Wis. consent decree entered April 12, 2004 and agreed supplements filed May 7 and Nov. 13, 2007, and amended consent decree entered Aug. 13, 2008)
  • Raytheon Const. Corp. v. ASARCO, 56 ERC 1024 (10th Cir. 2003).
  • Reynolds v. Rick’s Mushroom Service, Inc., Civil Action No. 01-3773 (E.D. Pa. consent decree entered Dec. 1, 2006 and work plan approved July 30, 2007)
  • BP Products North America, Inc. v. Department of Environmental Protection, No. 2005-032 (Pa. EHB consent adjudication approved April 12, 2007)
  • Seneca Resources Corp. v. Department of Environmental Protection, No. 2004-010 (Pa. EHB consent adjudication approved April 28, 2006)
  • National Fuel Gas Supply Corp. v. Department of Environmental Protection, 2005 Pa. Environ. LEXIS 65 (Pa. EHB Oct. 26, 2005)
  • Collins & Aikman Products Co. v. Teleflex, Inc., 847 So. 2d 1143 (Fla. App. 2003)
  • Collins & Aikman Products Co. v. Sermatech Engineering Group, Inc., 297 A.D.2d 248, 746 N.Y.S.2d 698 (2002)