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Barry M. Hartman

Barry Hartman represents companies and individuals in criminal and civil investigations, trials, and appeals primarily involving complex federal regulatory programs, with an emphasis on environmental matters, and advises clients on compliance with those programs. He also conducts internal investigations, counsels clients regarding corporate compliance programs, and represents clients in Congressional investigations regarding lobbying, ethics, and related issues. He has represented clients in industries including maritime, energy, pharmaceuticals, healthcare, recycling, chemicals, manufacturing, and real estate.

Prior to joining the firm in 1992, Barry served in the United States Department of Justice as 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). Barry was responsible for overseeing all U.S. government litigation arising under federal environmental, natural resource, energy, and related laws. He reviewed, approved, and supervised civil and criminal prosecutions arising under federal environmental law, including the Exxon Valdez oil spill. Barry was also responsible for directing other litigation, including the defense of regulations issued by federal agencies such as the Environmental Protection Agency and the Department of the Interior, and Endangered Species Act and Fifth Amendment “Takings” matters. He handled the first appeal of a sentence for an environmental crime imposed under the Federal Sentencing Guidelines and represented President George H.W. Bush in opposition to a National Environmental Policy Act (NEPA) challenge to the President’s authority to conduct negotiations for the North American Free Trade Agreement.

Barry also served on several senior-level administration policy groups, including the Domestic Policy Council wetlands task force and the Department of Energy Environmental Restoration and Waste Management Program interagency review group. During his service as Deputy Assistant to the Attorney General, Barry was a member of the Attorney General’s Judicial Selection Commission. In 1992 he received the Edmund J. Randolph Award for outstanding service.

Barry has testified before Congressional committees regarding the enforcement aspects of legislation, including the Oil Pollution Act.  In 2007 he was appointed by the Secretary of the Interior to serve on the department’s Natural Resource Damage Assessment and Restoration Federal Advisory Committee.

He also served as Senior Vice President and General Counsel of Horsehead Industries, Inc. In addition, he served in state government, as Chief Counsel to the Pennsylvania Department of Labor and Industry, and Deputy General Counsel to the Governor of Pennsylvania, Dick Thornburgh.

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.

  • Environmental Law Institute
  • Greater Washington Board of Trade
  • American Bar Association
  • Speaker, “’He/She Who Hesitates May Be Lost’ - Ship Implementation Plans: How Good Faith Efforts To Prepare For Compliance This Year Will Impact 2020 Fuel Compliance And Liability Issues In the United States Next Year”, presented at the Connecticut Maritime Association Shipping 2019, April 4, 2019.
  • Speaker, “Ethical Issues Involving Parallel Proceedings; “When You Come to a Fork in the Road, Take It,” presented at the 28th Annual Texas Environmental Superconference, August 5, 2016
  • Co-speaker, “The New 2015 Sulfur Emissions Limits for Vessels Operating in U.S. Waters,” December 18, 2014, K&L Gates Webinar.
  • Speaker, “The Obama Administration’s Ability to Use Executive Orders (EOs) to Change Energy, Economic Policy,” presented at GTL North America Conference, June 5, 2014.
  • “EPA’s Expanded ‘Waters of the U.S.’ Definition: Navigating the Unprecedented Reach and Scope of New Rule,” presented via webinar on May 28, 2014. Strafford Publications.
  • Guest Panelist, “EPA, Coast Guard Disagreement on How to Address Industry Obligations to Meet January 1, 2014 Implementation Deadline for New Ballast Water Discharge Limits Poses Considerable Conundrum to Owners and Maybe Worse. What Owners and Operators Need to Know,” The Connecticut Maritime Association’s Shipping 2014 Trade Conference, March 18, 2014.
  • Co-Presenter, “Ballast Water: The Great EPA/USCG Balancing Act,” Ballast Water Management Summit, Feb. 25-27, 2014.
  • Guest Panelist, “Current Issues and Developments in Admiralty Law: An Overview of Changes in Environmental Regulations of Vessels - Emission Control Areas, the Next Vessel General Permit, Ballast Exchange Proposals and Ship Scrapping,” The Connecticut Maritime Association’s Shipping 2012 Trade Conference, March 21, 2012. 
  • Guest Lecturer, “Private Property Rights and Urban Development for Urban Studies Course: Developing the City: Urban Real Estate Market,” University of Pennsylvania, February 16, 2012.
  • Guest Speaker, Environmental Law Institute Boot Camp Course on Environmental Law, “Civil and Criminal Environmental Enforcement,” 2002-2011.
  • Guest Speaker, ExecSense Webinars, “How to Conduct an Internal Investigation as a COO,” May 16, 2011.
  • Guest Panelist, “Legal Session: Environmental Regulation Emerging and Developing Areas Impacting the Maritime Industries,” Connecticut Maritime Association Shipping 2011, March 23, 2011.
  • Guest Panelist, “Environmental Regulation Panel: The Deepwater Horizon Oil Spill & Lessons from the Exxon Valdez Oil Spill,” Administrative Law Review Symposium, American University Washington College of Law, January 31, 2011.
  • Guest Panelist, “Legal rights of owners/operators when faced with citizen suit and government enforcement actions under U.S. Environmental Laws,” Connecticut Maritime Association’s Shipping 2010 Conference, March 23, 2010.
  • Guest Lecturer, “Private Property Rights and Urban Redevelopment” for Urban Studies Course, “Developing the City: Urban Real Estate Markets,” University of Pennsylvania, February 17, 2009.
  • “Town Hall Meeting on EPA’s Newly Proposed Vessel Discharge Rules,” Maritime TV Webcast, July 22, 2008.
  • “Vessel Discharge Permits - A New Reality for the Maritime World,” K&L Gates Webinar, June 20, 2008.
  • “Managing Environmental Law and Regulation in Shipping,” Lloyd’s Maritime Academy, London, U.K., April 2008.
  • “Chemical Security Anti-Terrorism Standards: Key questions raised by the Department of Homeland Security’s New Regulations,” presented at CSHEMA 2007 Annual Conference, July 21-25, 2007.
  • “Navigating Audit Disclosure Decisions: ‘Your Rights and Obligations,’” presented at CSHEMA-PRIZIM Regional EH&S Seminar, April 16 and 17, 2007.
  • “Keys to Kelo: Unlocking the Secrets of Eminent Domain,” presented at Brownfields 2006: Recent Developments in the Exercise of Eminent Domain, November 2006.
  • “The Rapanos and Carabell Rulings: Consequences for Clean Water Act Enforcement, Regulation, and Compliance,” July 18, 2006, via webcast.
  • “Criminal Enforcement of Environmental Law,” presented at Thirteenth Annual Advanced ALI-ABA Course of Study for the Defense and Government Bars, Washington, D.C., May 18-19, 2006.
  • “Government & Internal Corporate Investigations: Responding to Concerns About Alleged Wrongdoing,”presented at The National Association of Corporate Directors, Palo Alto, CA, May 4, 2006.
  • “The Legal and Strategic Guide to E-Discovery: Best Practices for Corporate Counsel,” One Size Does Not Fit All: Successfully Managing Specific E-Discovery Practice Areas: Government Investigations, New York, NY, September 29-30, 2005.
  • “Managing Your Homeland Security Issues,” presented at IMLA’s 68th Annual Conference, October 12-15, 2003.
  • “Homeland Security and Current Issues Facing Local Governments,” presented at IMLA’s 68th Annual Conference, October 12-15, 2003.
  • “Environmental Reporting Requirements: How Are They Affected by Sarbanes-Oxley?—Environmental Lawyers’ Reporting Obligations Under Sox307, Environmental Laws and Ethical Rules: An Analytical Construct,” presented at the Criminal Enforcement of Environmental Laws, ALI-ABA Conference, Washington, D.C., May 8, 2003.
  • “Prosecution of Environmental Crimes,” National Conference of the Academy of Certified Hazardous Materials Managers, Louisville, KY, October 2, 2002.
  • “Criminal Enforcement of Environmental Laws,” sponsored by the Environmental Law Institute, Newark, NJ, September 18, 2002.
  • “Criminal Enforcement of Environmental Law,” sponsored by the Environmental Law Institute, Allegheny County Bar Association, and Western Pennsylvania Chapter, American Corporate Counsel Association, Pittsburgh, PA, September 12, 2002.
  • “Criminal Enforcement of Environmental Law,” sponsored by the Environmental Law Institute and the San Francisco Bay Area Chapter, American Corporate Counsel Association, April 10, 2002.
  • “Privileges and Immunities Under Environmental Audit Legislation,” American Bar Association, Section of Litigation, Fifth Environmental Enforcement Conference, Washington, D.C., September 7-8, 1995.
  • “How Environmental Washington Works,” The Environmental Management Development Institute, Washington, D.C., July 12, 1995.
  • “New Development and Emerging Trends in Environmental Liability,” The Strategic Environmental Accounting and Financial Reporting Conference, Washington, D.C., June 1-2, 1995.
  • “New Developments and Emerging Trends in Environmental Liability,” Executive Enterprises, Inc., Environmental Accounting Conference, Washington, D.C., October 20-21, 1994.
  • “Legal Perspective on Air Quality/Transportation Requirements,” The Greater Washington Board of Trade Air Quality Forum, Washington, D.C., June 15, 1994.
  • “New Developments and Emerging Trends in Environmental Liability,” Paper presented at Executive Enterprises, Inc., Insurance and Environmental Liability, New York, New York, May 12-13, 1994; June 23-24, 1994.
  • “Summary of Federal Action Regarding Electric and Magnetic Fields,” The EMF Regulation and Litigation Institute, Orlando, FL, April 14-15, 1994.
  • “SEC/EPA/DOJ Cooperation and the Financial Reporting of Environmental Liabilities: How In-House Counsel Should Value Risk in Light of New Government Initiatives,” Environmental Corporate Counsel Institute, Chicago, Illinois, November 1-2, 1993.
  • “The Civil Environmental Litigation Explosion/The Federal Sentencing Guidelines for Environmental Crimes,” Pennsylvania Bar Association, Mid-Year Meeting, Washington, D.C., October 30, 1992.
  • “Overview of Clean Air Act Enforcement Provisions,” speech presented at Operating Permits ‘92 Seminar, Washington, D.C., September 14-15, 1992.
  • “Confidentiality Protection for Environmental Assessment Reports: Protecting Internal Investigations Against Disclosures to Regulators, Prosecutors, or Third Parties: Policy Solutions,” Paper presented at American Bar Association, Section of Business Law, San Francisco, California, August 11, 1992.
  • “Criminal Liability of Environmental Consultants Under 18 U.S.C. §§ 183 and 4,” Institute for Environmental Auditing, Kansas City, Missouri, June 25, 1992.
Additional Thought Leadership Pages
  • A Renewed Congressional Focus on Investigating the Energy Industry,” Power, 15 May 2019
  • Cross-border investigations: When are documents developed in the course of an internal investigation protected by legal privilege?Thomson Reuters, 15 October 2018
  • Co-author, “’Raising the Stakes’ — A Look at the Environmental Protection Agency’s New Vessel General Permit,” The Maritime Executive, July/August 2016.
  • Co-author, “An Air of Change in CERCLA Liability? Pakootas v. Teck Cominco and CERCLA's Federal Permit ShieldAssociation of Corporate Counsel of South Carolina Newsletter, June 2016.
  • Co-author, “Navigating CERCLA Settlements in an Age of Uncertainty: Fallout From Ameripride Services,” Environmental Law Reporter, September 2015.
  • How Long is the ESA’s Arm on LNG Projects?,” Law360, April 14, 2015. 
  • Co-author, “Will U.S. Export-Import Bank Financing of Australian LNG Projects Be Cast Adrift on the “High Seas” by the Endangered Species Act?”, Environmental, Land and Natural Resources Alert, April 6, 2015.
  • Co-author, “Perez v. MBA Shines A Light On ‘Shadow Regulations,’” Law360, March 16, 2015.
  • Co-author, “EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where Water Might Be Present,” State Bar of Texas, Corporate Counsel Section Fall 2014 Newsletter.
  • Co-author, “U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now,” Environmental, Land and Natural Resources Alert, Aug. 28, 2014.
  • Co-author, “In Limbo,” Great Lakes/Seaway Review, April-June 2014.
  • “Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule,” Environmental, Land and Natural Resources Alert, May 1, 2014.
  • Co-author, “The Yucca Mountain Nuclear Waste Repository: What’s Next?,” Nuclear Law Committee Newsletter (Vol. 6, No. 1, April 2014).
  • “Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits—But Only for Canadian Shipowners Association Members,” Environmental, Land and Natural Resources Alert, April 11, 2014.
  • “EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where Water Might Be Present,” Environmental, Land and Natural Resources Alert, April 3, 2014.
  • Co-author, “Challenge to U.S. Export-Import Bank LNG Financing Raises Questions About Application of US Environmental Law to US Funded Projects in Other Countries,” Global Government Solutions® 2014 Annual Outlook, K&L Gates Publication, February 2014.
  • “Going Ballistic Over Ballast Water Regulations,” Environmental Law360, Public Policy Law360 Articles, January 23, 2014.
  • “EPA and Coast Guard Disagree on How to Address Industry Obligations to Meet January 1, 2014 Implementation Deadline For New Ballast Water Discharge Limits,” Environmental, Land and Natural Resources Alert, January 6, 2014.
  • “U.S. Court of Appeals Orders the Nuclear Regulatory Commission to Resume Yucca Mountain Licensing Proceeding, Upholding Rule of Law Over Politics,” Environmental, Land and Natural Resources Alert, August 15, 2013.
  • Co-author, “The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?,” Energy Alert; May 30, 2013.
  • Environmental Policy Quarterly, K&L Gates Publication, Spring 2013.
  • “EPA Issues 2013 Vessel General Permit,” Environmental, Land and Natural Resources Alert, April 2, 2013.
  • Co-author, “EPA Proposes Revisions to the Renewable Fuel Program to Prevent Fraud and Protect Innocent Traders in Renewable Identification Numbers (“RINs”); Allows Limited Use of Program Immediately,” Environmental, Land and Natural Resources and Global Government Solutions; Public Policy and Law Alert, February 25, 2013.
  • Global Government Solutions® 2013:  Annual Outlook, K&L Gates Publication.
  • Contributor, "The Year in Review 2012," ABA Section on the Environment, Energy, and Resources, 2012 
  • Co-author, “Homer City—Has the D.C. Circuit Signaled an Alternate Approach to Judicial Review of Agency Regulations?,” Environmental, Land and Natural Resources and Appellate, Constitutional and Government Litigation Alert, October 11, 2012.
  • Co-author, “D.C. Circuit Calls Strike Two on EPA’s Cross-State Air Pollution Rule,” Environmental, Land and Natural Resources Alert, August 24, 2012.
  • Co-author, “Two Federal Decisions Signal Further Expansion of Criminal Liability for Environmental Crimes,” Environmental, Land and Natural Resources Alert. July 25, 2012.
  • Co-author, “Sixth Amendment Requirement That Juries Find Facts Necessary to Impose Fines Above Statutory Maximum Raises New Questions for Environmental Prosecutions,” Environmental, Land and Natural Resources and Government Enforcement Alert, July 25, 2012.
  • Co-author, “European Union May Adopt More Stringent Sulfur Content Limits for Marine Fuels,” Maritime Alert, June 13, 2012.
  • Co-author, “Supreme Court Rules that U.S. EPA Unilateral Compliance Orders Under the Clean Water Act Are Final Actions Judicially Reviewable,” EPA Compliance Alert, March 22, 2012.
  • Co-author, “EPA Issues Draft of the Next Vessel General Permit for Public Review—Comments Due By February 21, 2012,” Maritime, Environmental, Land and Natural Resources Alert, December 9, 2011.
  • Co-author, “New Criminal Charges Under Migratory Bird Treaty Act Create More Complexity for Energy Companies,” Energy and Utilities/Environmental, Land and Natural Resources Alert, September 8, 2011.
  • Co-author, “What’s a Waste: EPA’s Proposed Redefinition and Its Impact on Recycling,” Environmental, Land and Natural Resources Alert, August 2, 2011.
  • Co-author, “Can Government Contractors Certify That Their Goods and Services “Exist in Productive Harmony” with Nature? New Rule for Federal Green Contracting,” Government Contracts/Environmental, Land and Natural Resources/Construction Alert, June 21, 2011.
  • Co-author, “Post-Gulf Spill Legislation Proposed to Enhance Penalties for Clean Water Act Violations,” Public Policy and Law Alert, June 21, 2011.
  • Co-author, “Spillover from the Spill,” Maritime Alert, August 18, 2010.
  • Co-author, “Maritime Industry Faced with New Proposals for Regulating Air and Water Discharges as a Result of Environmental Group Action; Comment Opportunities Limited,” Maritime and Environmental, Land and Natural Resources Alert. July 28, 2010.
  • Co-author, “What Do the Decisions in U.S. v. Skilling and U.S. v. Black Really Mean for Corruption Prosecutions?,” Government Enforcement:  White Collar Crime/Criminal Defense Alert, July 23, 2010.
  • Co-author, “International Maritime Organization (“IMO”) Approves Authority for U.S. to Impose Stringent New Air Emission Standards for Large Oceangoing Vessels,” Maritime Alert, April 6, 2010.
  • Co-author, “EPA Issues Preliminary Study on Vessel Discharges for Fishing Industry and Smaller Cargo Vessels,” Maritime Alert, March 30, 2010.
  • Co-author, “The Brady Bunch of Cases and Their Extended Family:  Recent Prosecutorial Misconduct Cases in Federal Court, the Department of Justice Response, and Observations on Defense Strategies,” Government Enforcement Alert, January 12, 2010.
  • Co-author, “The Winds of Change Continue to Blow: Coast Guard Proposes New Ballast Water Discharge Limitations,” Maritime and Environmental, Land and Natural Resources Alert, September 9, 2009.
  • Co-author, “The Perfect Storm Continues:  Proposed Ballast Water and Air Emissions Regulations Present More New Challenges for the Maritime Industry; Opportunity to Comment Is Limited,” Maritime and Environmental, Land and Natural Resources Alert, August 28, 2009.
  • Co-author, “Reminder:  Vessel Owners and Operators Face a September 19, 2009 Deadline for New Filing Requirements under Federal Clean Water Act,” Maritime and Environmental, Land and Natural Resources Alert, August 27, 2009.
  • Co-author, “A Chance to Get It Right: Federal Clean Water Act Requirements,” The Maritime Executive Magazine, July 9, 2009.
  • Co-author, “Déjà Vu All Over Again:  Environmentalists Petition for Unprecedented Expansion of Requirements for Vessel Sewage Discharges,” Maritime and Environmental Alert, May 11, 2009.
  • Co-author, “Winds Change for the Maritime Industry with New Climate Change Legislation,” Maritime and Environmental Alert, April 20, 2009.
  • “What to Expect in Environmental Enforcement in the Obama Administration,” Shipping 2009, March 25, 2009.
  • Co-author, EPA Issues Final Clean Water Act Permit for Incidental Discharges From Vessels, Maritime and Environmental Alert, January 9, 2009.
  • Co-author, “Time and Place Are Everything:  When an ‘Honest Day’s Work’ Becomes ‘Honest Services Fraud,’” WCC Bulletin, Newsletter of the ABA Criminal Justice Section’s White Collar Crime Committee, August 2008.
  • Co-author, “California Air Resources Board Issues Draft Clean-Fuel Regulations for Oceangoing Vessels,” Maritime Alert, June 17, 2008.
  • “Twenty Questions You Cannot Be Afraid to Ask about Government Agencies that Investigate ‘White Collar’ Cases,” Working with Government Agencies in White Collar Law, Thomson Reuters/Aspatore, 2008.
  • Co-author, “Ninth Circuit Holds that California’s ‘Marine Vessel Rules’ Are Preempted by Federal Clean Air Act,” Environmental, Land Use and Natural Resources Alert,March 6, 2008.
  • Co-author, “Homeland Security Issues New Regulations Requiring Inventories, Assessments and Security Programs at Chemical Facilities,” Environmental, Land Use and Natural Resources, and Homeland Security Alert, November 6, 2007.
  • Co-author, “The Perfect Storm:  Ballast Water Discharges Face Potential New Regulatory, Legislative and Judicial Rules,” Maritime Alert,September 5, 2007.
  • Co-author, “U.S. Supreme Court Vacates Fourth Circuit’s Duke Energy Decision,” Environmental Alert, April 2007.
  • Co-author, “Nanotechnology: An Update on Business Opportunities and Regulatory Challenges,” Journal of Biolaw and Business, Vol. 10, No. 1, 2007.
  • Co-author, “Homeland Security to Regulate Chemical Facilities,” Facilities Manager, January/February 2007.
  • Co-author, “Nanomedicines in Europe: An Opportunity for Investment,” Nanotechnology Alert, February 2007.
  • Co-author, “Nanotechnology—Business Opportunities & Regulatory Challenges,” Metropolitan Corporate Counsel, December 2006.
  • Co-author, “Legal Framework for Bioremediation,” Chapter 3 in the American Society for Microbiology’s Applied Microbial Solutions for Real-World Environmental Cleanup, April 2005.
  • Co-author, “Guidelines Are Just Guidelines:  The Impact on Corporations of the Supreme Court’s Decision on The United States Sentencing Guidelines,” White Collar/Criminal Defense Alert, January 2005.
  • Co-author, “Lawsuit Challenges Field Testing of Genetically Modified Plants,” Life Science FOCUS, March 2004.
  • “U.S. Environmental Protection Agency Refocuses on Environmental Crimes,” Environmental Alert, February 2004.
  • “With Tighter Homeland Security Measures, Users of Biological Agents Must Meet Substantial New Regulatory Obligations—Applications for Clearance Due November 12, 2003,” Homeland Security Bulletin, December 2003.
  • “EPA Environmental Justice ‘Toolkit’ Presents a New Challenge for Businesses Seeking to Relocate or Expand,” Environmental Alert, December 2003.
  • “Homeland Security Spurs New Regulatory Requirements for Over 5000 Businesses with Facilities Near Ports, Rivers, Lakes, Streams and Wetlands,” Homeland Security Bulletin, September 2003.
  • Tennessee Valley Authority v. Whitman:  Is EPA’s Preferred Environmental Enforcement Weapon—the Compliance Order—Unconstitutional?,” Environmental Alert, July 2003.
  • “Senate Considers Competing Bills to Address Security at Chemical Manufacturing and Processing Facilities,” Homeland Security Bulletin, July 2003.
  • Co-author, “EPA Enforcement Orders Found Lacking in Due Process Protection,” Legal Backgrounder, July 25, 2003.
  • Co-author, “U.S. Departments of Homeland Security and Transportation Issue New Rules Requiring Background Records Checks Prior to Licensing Operators of Vehicles That Transport Hazardous Materials in Commerce,” Homeland Security Bulletin, June 2003.
  • Co-author, “Homeland Security Expands to Regulation of the Manufacture, Use, Transportation and Disposal of Hazardous Substances and Materials, Including Chemical and Biological Agents,” Homeland Security Bulletin, April 2003.
  • “Pursuing Environmental Crimes:  The Role of the Department of Justice,” Washington Legal Foundation, May 14, 2002.
  • “Comments Due on Possible Revisions to Corporate Sentencing Guidelines,” Counsel’s Advisory, Washington Legal Foundation, Vol. 10, No. 2, May 10, 2002.
  • Co-author, “MACT Hammer Poised to Strike,” Environmental Alert, April 2002.
  • “Federal Enforcement of Environmental Laws After September 11,” Environmental Alert, December 2001.
  • “Challenging Agency Rulemaking in the Appellate Courts,” Kirkpatrick & Lockhart LLP Appellate Briefs, February 1998, Vol. 2, No. 2.
  • “Outlook for the Legal Profession in 1996,” The Greater Washington Board of Trade News, Business Outlook, Vol. 50, No. 7.
  • “State Road Projects Vital to Economic Growth:  Another Victim of the Clean Air Act?” Washington Legal Foundation, Legal Opinion Letter, Vol. 5, No. 7, March 17, 1995.
  • “Beware Environmental Defendants:  Failure to Understand Title 18 Can Get You 20,” Washington Legal Foundation, Legal Backgrounder, Vol. 9, No. 22, July 1, 1994.
  • “The Coastal Zone Management Act:  Unexpected Impacts on Environmental Permitting,” Journal of Environmental Auditing, Vol. 3, No. 3, Summer 1994.
  • Co-author, “A Primer on Environmental Auditing,” The National Legal Center, White Paper, Vol. 6, No. 2, July 1994.
  • “Louisiana-Pacific Case Chinks Armor of Corporate Officer Liability,” Inside Environment, July 1993.
  • “Federal Environmental Law Affecting Investments,” Professional’s Guide to Investment in the USA, April 1993.
  • “The Effect of the Clean Air Act Amendments Upon Local Businesses,” Kirkpatrick & Lockhart Business Law Update, Spring 1993.
  • “Transferring 20 Years of NPDES Experience to the New Clear Air Permits:  The ‘Takings’ Issue,” Environmental Permitting, Summer 1993.
  • Co-author, “The Present Use of the Responsible Corporate Officer Doctrine in the Criminal Enforcement of Environmental Laws,” Environmental Law Reporter, News & Analysis, Vol. XXIII, No. 3, March 1993.
  • Co-author, “Debarment, Suspension, Contractor Listing, and Permit Blocks,” chapter in EPA Enforcement Manual, 1993.
  • “Potential Criminal Liability of Environmental Auditors for Concealing Environmental Violations Committed by Others,” Working Papers, Institute of Environmental Auditing, Vol. VI, No. 5, January 1993.
  • Lucas v. South Carolina Coastal Council:  The Takings Test Turns a Corner,” Environmental Law Reporter, News & Analysis, Vol. XXIII, No. 1, January 1993.
  • “How Environmental Compliance Programs May Miss Their Mark,” National Law Journal, Corporate Counsel Section, December 14, 1992.
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