Mr. Hartman engages in a national litigation and counseling practice, with an emphasis on matters involving environmental issues, the regulation of chemical and biological materials, and wastes. He represents companies in criminal and civil investigations, trials, and appeals primarily involving federal environmental laws and regulations. He also conducts independent internal investigations, counsels clients regarding corporate compliance programs, and homeland security matters relating to the environment, and represents clients in Congressional investigations regarding lobbying, ethics, and related issues.
Recent matters include:
- Ferguson et al. v. Barack Obama, et al. (No. 10-1052) (D.C. Cir.). Representing businessmen challenging decision by President to abandon development of Yucca Mountain as a permanent repository for high level nuclear waste, in violation of the Nuclear Waste Policy Act, National Environmental Policy Act, and Administrative Procedures Act.
- United States v. Mark David Radley, et al. (No. 09-20699) (5th Cir.). Representing individual in multi-defendant matter alleging conspiracy, wire fraud, manipulation and attempted manipulation under the Commodity Futures Trading Act and Title 18. (Indictment dismissed; appeal by United States pending.)
- Lake Carriers Association, et al. v. EPA (No. 09-1001) (D.C. Cir.) Representing domestic maritime industry in challenge to legality of Clean Water Act Vessel General Permit program.
- United States v. John Cota (No. CR-08-0160) (N.D. Ca.). Represented pilot of Cosco Busan in criminal proceeding arising from Cosco Busan spill in San Francisco Bay.
- United States v. Frank (New Jersey; New York). Co-lead counsel in six-week criminal trial alleging violations of the Toxic Substance Control Act (PCB labeling, storage and disposal) and Title 18 (conspiracy to defraud an agency of the United States). Clients acquitted of all charges.
For more detailed information, please see Mr. Hartman's Extended Biography.
Prior to joining K&L Gates in 1992, Mr. Hartman served in a number of positions in the United States Department of Justice, including Acting Assistant Attorney General for the Environment and Natural Resource Division (1991-92), Deputy Assistant Attorney General (1989-91) and Deputy Assistant to the Attorney General (1989). As Acting Assistant Attorney General, Mr. Hartman was responsible for overseeing U.S. government litigation under federal environmental, natural resource, energy and related laws, including the civil and criminal prosecutions arising from the Exxon Valdez oil spill. He also represented President George H.W. Bush in a challenge to the President’s authority to conduct negotiations for the North American Free Trade Agreement under the National Environmental Policy Act (NEPA). Mr. Hartman was responsible for directing a wide variety of other environmental litigation, including the defense of regulations issued by federal agencies such as the Environmental Protection Agency and the Department of Interior, Fifth Amendment “takings” cases, mineral leasing royalty claims, Endangered Species Act matters, and was responsible for eleven cases in the United States Supreme Court. He also served on several senior-level administration policy groups, including the Domestic Policy Council Wetlands Task Force and the Department of Energy Environmental Restoration Interagency Review Group.
Mr. Hartman has testified before Congressional committees regarding the 1990 Clean Air Act Amendments and, most recently, proposed changes to the Oil Pollution Act. Mr. Hartman was a member of the Attorney General’s Judicial Selection Committee. In 1992 he received the Edmund J. Randolph Award for outstanding service.
Mr. Hartman served in state government, as Chief Counsel to the Pennsylvania Department of Labor and Industry, and Deputy General Counsel to the Governor of Pennsylvania.
He was the Editor-in-Chief of The EPA Enforcement Manual (Thompson Publishing Company) and has published and lectured for numerous organizations, including the National Legal Center for the Public Interest, the Washington Legal Foundation, Corporate Legal Times, the National Law Journal, the Environmental Law Institute, and the American Bar Association. He has also been interviewed by CBS Evening News, Frontline, Fox News, PBS Nightly Business Report, and The Wall Street Journal. He currently serves on the Editorial Advisory Board for Environmental Law 360.