• Share
  • Email
  • Print

Tad J. Macfarlan

Fax +1.717.231.4501
Tad Macfarlan is a partner in the firm’s environment, land and natural resources practice group. Mr. Macfarlan advises the firm’s energy, industrial, utility and commercial sector clients on compliance with federal, state and local environmental and land use laws. He has extensive experience working with the regulatory regimes governing wastewater and stormwater discharges, wetland and stream protection, air emissions, solid and hazardous waste management, water withdrawals, chemical and toxic substance controls, release reporting and response, and preservation of endangered species, cultural resources and historic properties. His practice includes project development, transactional, litigation, enforcement defense and regulatory compliance matters.

Professional Background

Prior to joining K&L Gates, Mr. Macfarlan was a law clerk for the U.S. Environmental Protection Agency Region III Office of Regional Counsel. He also worked as a legal intern for the National Wildlife Federation Great Lakes Regional Center.

Professional/Civic Activities

  • American Bar Association, Section on Environment, Energy, and Resources, Constitutional Law Committee, Vice Chair - Newsletters (2017 to Present)
  • Pennsylvania Bar Association, Environmental and Energy Law Section
  • Dauphin County Bar Association

Speaking Engagements

  • Waters of the United States – Recent Actions and What’s Next, National Water Supply Alliance 2019 Annual Meeting, October 3, 2019
  • Environmental Enforcement Actions and Company Response, Pennsylvania Asphalt and Pavement Association 2019 Environmental Seminar, April 9, 2019
  • Air Update: State and Federal Regulatory Developments Impacting the Oil and Gas Midstream Sector in Pennsylvania, Pennsylvania Bar Institute Pipeline & Midstream Update 2018, November 7, 2018
  • Energy Production: Potential Water Supply and Quality Issues, Halfmoon Education Water Laws and Regulations Seminar, February 20,2018
  • Current Issues with the Clean Water Act, Halfmoon Education Water Laws and Regulations Seminar, February 20, 2018
  • Water Issues Update, Environmental Compliance Issues Conference, Pennsylvania Chamber of Business and Industry, October 29, 2015
  • Waters of the U.S.: Key Issues and Implications, Law Seminars International, June 11, 2015
Project Development
  • Advised the developer of a 1,000 megawatt combined-cycle natural gas-fired power plant in Western Pennsylvania on all aspects of federal, state and local preconstruction environmental permitting requirements.
  • Advised the developer of a 300 megawatt wind farm in Oklahoma regarding federal environmental permitting requirements in association with project financing.
  • Counseled the developer of a petrochemical complex in Western Pennsylvania on compliance with major source air permitting requirements under the federal Clean Air Act and Pennsylvania Air Pollution Control Act.
  • Advised the developer of a cross-border electric utility line project regarding environmental permitting requirements and condemnation authority under state and federal public utility laws.
  • Advised a rare-earth metals refiner undertaking facility upgrades regarding environmental permitting requirements under the federal Resource Conservation and Recovery Act, federal Clean Water Act, Pennsylvania Solid Waste Management Act and Pennsylvania Clean Streams Law.
  • Advised midstream oil and gas operators on pipeline permitting requirements under the Clean Water Act and Pennsylvania Clean Streams Law, including ancillary requirements relating to the protection of endangered species, historic properties and cultural resources.
  • Advised a bottled water production company regarding compliance with local zoning and land-use requirements in potential siting of new spring water development facilities.
  • Counseled a shale gas exploration and production company in relation to local permitting matters in several Western Pennsylvania municipalities.
Corporate Transactions
  • Advised an investor owned public utility company during its acquisition of municipal water and wastewater treatment systems, including advice with respect to environmental, public utility and municipal law issues.
  • Served as environmental counsel for sellers in a corporate transaction involving the sale of the capitol services business segment of an international engineering, procurement and construction (EPC) company.
  • Served as environmental counsel for buyers in a corporate transaction involving the purchase of multiple steel fabrication facilities operating in several states.
  • Advised sellers in the sale of substantially all of the assets of a radiopharmacy business on radioactive material (RAM) license transfer requirements in more than 20 states.
  • Served as environmental counsel for foreign buyers in its acquisition of an American robotics production company.
  • Served as environmental counsel for hospital clients in multiple transactions involving the consolidation of Pennsylvania health care providers.
Regulatory Compliance
  • Advised shale gas production companies on compliance with updated environmental protection provisions of Pennsylvania’s Oil and Gas Act (Act 13), Chapter 78/78a regulations and agency guidance documents.
  • Counseled manufacturing industry clients on compliance with the federal Clean Air Act and Pennsylvania Air Pollution Control Act, including issues involving pre-construction permitting, source aggregation, emission reduction credits, annual emissions reporting and greenhouse gas regulation.
  • Advised the operator of several waste coal-fired power plants on new and pending federal environmental regulatory developments related to cooling water intake structures, cross-state air pollution, greenhouse gas and hazardous air pollutant emissions, and management of coal ash.
  • Monitored Pennsylvania Public Utility Commission and Environmental Hearing Board proceedings on behalf of interstate pipeline and private equity clients.
Litigation and Administrative Enforcement Defense
  • Represented upstream and midstream oil and gas industry clients in defense of administrative enforcement actions involving alleged wetlands encroachments, erosion and sediment control issues, waste disposal requirements and well permitting violations.
  • Represented private water and wastewater utility company in commercial litigation involving issues of labor, contract, construction and environmental law.
  • Represented large oil refinery in complex CERCLA natural resource damages litigation in federal district court.
  • Represented a diversified energy production, transmission and distribution company in contested municipal stormwater ratemaking proceeding before the Philadelphia Water Department.
  • Represented a bottled water production company in a contested special exception hearing before a municipal zoning hearing board in Northeastern Pennsyvlania.
  • Represented a cardboard manufacturing company in a variance proceeding before a municipal zoning hearing board in Southcentral Pennsylvania.
Public Comments
  • Prepared public comments on the following environmental regulatory proposals on behalf of energy sector clients:
    • The U.S. Environmental Protection Agency’s proposed Clean Power Plan.
    • The New York Department of Environmental Conservation’s proposed regulations and environmental impact statement on high-volume hydraulic fracturing.
    • The Susquehanna River Basin Commission’s low-flow protection policy and technical guidance.
    • The Pennsylvania Department of Environmental Protections’ general permit for air emissions from natural gas processing and production facilities (GP-5).
Pro Bono
  • Obtained a precedential opinion from the United States Court of Appeals for the Third Circuit in representation of a Salvadorian national in his appeal of a deportation order issued by the Board of Immigration Appeals. See Mayorga v. Attorney General, 757 F.3d 126 (2014).
  • Successfully represented a domestic abuse victim in an appeal from the issuance of a Protection from Abuse (PFA) order before the Pennsylvania Superior Court.