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REPRESENTATIVE EXPERIENCE

R. Timothy Weston

Provided environmental counsel to a native American tribe’s gaming authority in the acquisition of a significant casino, hotel and commercial complex located on a former 100-year old steel manufacturing site, including advice on the procurement of multi-layered environmental insurance coverage against legacy and latent liabilities.
Represented the owner/operator of the York Haven hydroelectric power project on the mainstem Susquehanna River through project relicensing, including the successful negotiation with federal and state natural resources agencies of flow, fish passage, recreation and other environmental resources issues.
Delaware Riverkeeper v. Pennsylvania Department of Environmental Protection and Portland Borough, Pa. Commonwealth Court, No. 1947 C.D. 2004 (Opinion, June 9, 2005): represented municipality through administrative and judicial appeals defending against challenges by environmental groups to sewage facilities plan and NPDES Permit for new community sewage collection and treatment facility.
Service as land use and environmental counsel for a large 600+ acre mixed use development, involving a 600+ acre site straddling two states, with planned 1100 residential units, 36-hole golf club, hotel, commercial and retail elements, and related public water and sewage system development.
Represented industrial, utility and water supply clients in policy development and legislative work associated with the Great Lakes-St. Lawrence River Basin Water Resources Compact. Represented a consortium of Great Lakes region industries in negotiations with state and NGO representatives of the Great Lakes - St. Lawrence River Basin Compact.
Counseled North America’s largest bottled water company in the acquisition of spring water and other water rights, and advised the company on water resource policy and regulatory issues in multiple states in the northeast, Mid-Atlantic and Great Lakes region.
United States and Commonwealth of Pennsylvania v. A&D Recycling, Inc., U.S. District Court, Middle District of Pennsylvania, Civil Action No. 1:CV 99-1332. Service as chair and common counsel for the Jack’s Creek PRP Group at a metals and radiologically contaminated superfund site in central Pennsylvania, including extended negotiations with EPA concerning remedy selection, presentation to the EPA Remedy Review Board (resulting in a significant change in the proposed remedy), and subsequent management of the cleanup contracting and implementation process for the group.
Served as counsel to coalition of major landowners, resort operators and developers in the development of state wetland regulations and guidelines.
Advised and represented a global energy company in the successful siting, permitting and development of a major petrochemical facility in southwestern Pennsylvania, including complex air and water permitting issues.
Advised and represented a Fortune 100 owner of multiple wax manufacturing facilities and former petroleum refinery facilities in the sale of related business and associated leasing and sale of affected properties, including multi-party negotiations with governmental agencies of prospective purchaser and remediation agreements.
Advised owner of new 544 MW gas-fired combined cycle power plant in eastern Pennsylvania regarding all aspects of land use and environmental permitting for development of power plant and related facilities, including acquisition and negotiation of permits and land development approvals, successful defense against third-party challenges to project permits, negotiations for water supply (including modification of a public water system’s federal and state permits governing reservoir operations), acquisition of emission reduction credits within the Northeastern Ozone Transport Region, and acquisition of the site and multiple related easements for water, wastewater, transmission and other lines.
Counseled an international bank in the restructuring and sale of a major waste coal fired power plant in north central Pennsylvania.
Representation of a global pump and turbine manufacturing company in the siting, permitting and development of a cryogenic pump testing facility, involving among other issues the acquisition and remediation of a contaminated former glass manufacturing complex.
Representation of a metabasalt mining and roofing granules manufacturing facility in the planning and permitting of a major quarry expansion project in southcentral Pennsylvania
Counseled a major North Carolina city’s transit agency with respect to the environmental aspects of acquiring and developing an existing rail line corridor as a major addition to the region’s rail transit system.
Represented a bank lender with respect to a facility on which the borrower (who had operated a hazardous waste treatment facility) had defaulted; in order to preserve the bank’s interests, pursued court appointment of a trustee who assumed control of the site and negotiated arrangements with the California Department of Toxic Substances Control for funding the trustee to pursue cleanup of the site, with contributions from insurance and bonds posted with DTSC, funds from the defaulting parties, and some contributions from the bank; advised and guided the trustee through the cleanup process, including procurement of engineering and remediation contractor services.
Representation of a U.S.-based independent transmission company as U.S. permitting and real estate counsel in a cross-border project involving development of a 1,000 MW direct current underground transmission line crossing Lake Erie connecting the Ontario and PJM grid in Pennsylvania.
Pennsylvania counsel to lenders evaluating whether to provide financing for a long-term lease/concession operation of the City of Harrisburg parking system, including due diligence on major legal and process issues, such as leasing authority, enforceability and remedies, procurement law questions, rate setting, and other issues.
Counsel to an international gas development company in the planning and development of midstream (gathering, compression and pipeline) projects.
Pennsylvania counsel advising consortium and lenders proposing to enter into 75-year lease and concession operation of the Pennsylvania Turnpike, involving due diligence, extensive research and advice concerning a myriad of state law issues, including constitutional and legal authority questions, contract enforceability and remedies, real estate, environmental, and other matters.
Representation of major paper company in decommissioning and sale of former paper manufacturing site in Wisconsin.
Counseled and represented owner/operator of new 1100 MW gas and oil fired combined-cycle power plant located in the Lehigh Valley of Pennsylvania in environmental and related issues related to facility development, including (i) advice concerning acquisition of a major “brownfields” site from a bankrupt steel company (including assessment of risks associated with past industrial contamination, negotiations with the former owner, negotiations with environmental agencies, and procurement of environmental insurance coverage), and (ii) counseling through complex federal, state and local permitting and related proceedings.
Represented energy companies regarding various regulatory initiatives, including the development of agency rules and policies allowing innovative “beneficial use” programs for facility byproducts.
Represented the New York metropolitan area’s transit agency in negotiations with a major railroad regarding environmental issues relating to a complex lease with option to purchase arrangement for a significant transit corridor across New Jersey.
Service as regulatory counsel to Pennsylvania-American Water Company in the acquisition of the Scranton area and McKeesport area wastewater systems, involving precedent-setting arrangements for privatization of combined sewer systems and negotiation with federal and state agencies of consent orders and degrees defining obligations for long-term improvements to the systems.
Service as regulatory counsel to Pennsylvania-American Water Company in the acquisition of the Scranton area and McKeesport area wastewater systems, involving precedent-setting arrangements for privatization of combined sewer systems and negotiation with federal and state agencies of consent orders and degrees defining obligations for long-term improvements to the systems.
Pennsylvania counsel to the City of Pittsburgh and Pittsburgh Parking Authority in structuring and negotiation of a proposed parking system P3 lease and concession transaction.
Representation of a major national water and wastewater company in the planning and development of a regional brine treatment center.
Regulatory counseling for an innovative salt dome natural gas storage project in the northeast.
Service as air counsel for a major interstate gas pipeline and for a multinational glass and chemical company, working through the regulatory processes under the 1990 Clean Air Act Amendments;
Representation of companies selling, purchasing and redeveloping old and previously contaminated industrial sites in Pennsylvania, New York, Michigan, Indiana, and other states.

Counsel to developers of multiple industrial and commercial projects with complex redevelopment issues, including contamination from historic landfills and prior industrial operations such as steel manufacturing and paint formulation.

Represented quarrying operation in successful appeal of decision of zoning hearing board requiring the quarry to seek local approval despite long-standing, state-permitted operations.

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