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Anthony R. Holtzman

Partner
+1.717.231.4570
Fax +1.717.231.4501
Mr. Holtzman’s practice is focused on constitutional law, environmental law, appellate litigation, utilities law, gaming law, and commercial litigation.

Mr. Holtzman regularly represents private and public sector clients, including legislative bodies and legislators, on issues of Pennsylvania and federal constitutional law. He has significant experience with the Pennsylvania Constitution’s Bill of Rights, along with its provisions regarding the structure and powers of the Pennsylvania General Assembly and requirements for the enactment of legislation. On the federal side, he has represented clients with regard to First Amendment, Second Amendment, Tenth Amendment, Eleventh Amendment, dormant Commerce Clause, Takings Clause, Equal Protection Clause, and Speech or Debate Clause issues, among others.

In addition to his constitutional law activities, Mr. Holtzman regularly represents industry clients, including oil and gas production companies, pipeline operators, and trade associations, in litigation matters that involve agency enforcement activities, challenges to statutes and regulations, allegations of water and surface contamination, property rights disputes, deed and contract interpretation issues, challenges to permits, and issues that arise under freedom of information laws. He also advises industry clients on a broad range of Pennsylvania and federal environmental regulatory compliance issues.

Mr. Holtzman, moreover, advises members of the utilities industry on Pennsylvania utilities law compliance issues.

He also advises gaming industry clients with regard to federal and state laws that apply to Internet gaming and lottery activities.

Mr. Holtzman has argued cases before the U.S. Court of Appeals for the Third Circuit, the Commonwealth Court of Pennsylvania, various Pennsylvania and federal trial courts, and the Pennsylvania Environmental Hearing Board – including en banc arguments before the Third Circuit, Commonwealth Court, and EHB.

Beyond practicing law, Mr. Holtzman routinely lectures on principles of constitutional law, environmental law, statutory construction, and gambling law. Also, he has authored or co-authored more than 70 scholarly articles and book chapters in the past decade. And he serves as an adjunct instructor at Messiah College.

Professional Background

Prior to joining K&L Gates, Mr. Holtzman served as a law clerk at the Pennsylvania Higher Education Assistance Agency. He also served as a legal intern at a small law firm in Carlisle, Pennsylvania.

Professional/Civic Activities

  • American, Pennsylvania, and Dauphin County Bar Associations
  • Messiah College President’s Leadership Council
  • Adjunct Instructor, Messiah College
  • Penn State Dickinson Law mentoring program

Additional Information

Publications
  • "Environmental and Health Issues in Unconventional Oil and Gas Development," Chapter 6 – A Primer on Litigation That Involves Alleged Water Well Contamination From Hydraulic Fracturing, Elsevier Inc., December 2015
  • "Bodog: Protecting Internet Domains From Patent Claims," World Online Gambling Law Report, October 2007
  • "First Amendment: Religion is Religion is Religion," York Sunday News, October 2007
  • "Case Law Update," Pennsylvania Bar Institute’s Legislative Process Seminar, September 2007
  • "U.S. Criminal Jurisdiction: Foreign-Based Operators," World Online Gambling Law Report, June 2007
  • "Legislative Mens Rea in Constitutional Challenges to Statutes," presented at the Pennsylvania Bar Institute’s Legislative Process Seminar, September 2006
  • "Dover ID Case: Judge Made Errors of Law and Science," York Sunday News, April 2006
  • "Juvenile Justice? The Increased Propensity for Juvenile Transfer to the Criminal Court System in Pennsylvania and the Need for a Revised Approach to Juvenile Offenders," Penn State Law Review, Fall 2004
  • In the Pennsylvania Supreme Court, successfully helped to represent bi-partisan leadership of the Pennsylvania Senate in asserting that, under the Pennsylvania Constitution, the state’s then-former Governor’s line-item vetoes in an appropriations bill and amendments to the state’s Fiscal Code were ineffective. See Scarnati v. Wolf, 173 A.3d 1110 (Pa. 2017).
  • Convinced the U.S. Court of Appeals for the Third Circuit – sitting en banc – to rule in a client’s favor in an appeal involving novel Sixth and Fourteenth Amendment issues that arose out of a judge’s factfinding at a sentencing hearing. See Garrus v. Sec’y of the Pa. Dep’t of Corr., 694 F.3d 394 (3d Cir. 2012).
  • In the U.S. District Court for the District of New Jersey, successfully helped to represent two gas well operators in securing the dismissal of a lawsuit regarding the Delaware River Basin Commission’s approvals for five of their exploratory gas wells. See Delaware Riverkeeper Network v. Delaware River Basin Commission, 2012 WL 3638699 (D.N.J. Aug. 22, 2012).
  • In the Pennsylvania Supreme Court, successfully helped to defend the President pro tempore and Majority Leader of the Pennsylvania Senate against a constitutional challenge to legislators’ receipt of certain employment and other benefits. See Stilp v. Commonwealth, 974 A.2d 491 (Pa. 2009).
  • In the Commonwealth Court, successfully helped to defend the Pennsylvania Senate against a challenge to the General Assembly’s decision to refrain from enacting legislation that would have authorized local firearms ordinances. See Clarke v. House of Representatives, 957 A.2d 361 (Pa. Cmwlth. Ct. 2008).
  • In the Commonwealth Court, successfully helped to defend the Pennsylvania Senate and its President pro tempore against a challenge to a statute that authorized the sale of a recreational park to a private entity for private use. See Pilchesky v. Rendell, 932 A.2d 287 (Pa. Cmwlth. Ct. 2007).
  • Extensive experience in providing environmental regulatory counsel to (i) oil and gas exploration and production companies that develop unconventional resources, (ii) developers of significant transmission infrastructure in the Appalachian Basin, and (iii) major industry trade associations.
  • Extensive experience in representing a natural gas transmission company in connection with protecting pipelines from mining-related ground subsidence.
  • Extensive experience in advising gaming operators and suppliers with regard to federal and state statutes, including criminal anti-gambling statutes, that apply to Internet gaming and lottery activities.