Tad J. Macfarlan
Tad Macfarlan is an experienced environmental and land use lawyer and a partner in the firm's global Environment, Land, and Natural Resources practice group. Tad's practice focuses on the environmental aspects of project development, transactional, litigation, and government enforcement matters (both civil and criminal). His clients include developers and operators of utility-scale wind and solar projects; shale gas production, transmission and electric generation facilities; water and wastewater utilities; mine and quarry operators; hazardous waste processing facilities; other heavy manufacturing and industrial facilities; and financial entities holding or acquiring an interest in such facilities. Tad regularly provides advice with respect to the regulatory regimes governing air emissions (including greenhouse gases); wetland and stream protection; wastewater and stormwater discharges; water withdrawals; hazardous wastes and materials; threatened and endangered species; cultural resources and historic properties; and local land use and zoning requirements.
Prior to joining K&L Gates, Tad 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.
- Recognized by The Legal 500 United States as a Recommended Lawyer for Environment: regulatory, 2024
- The Best Lawyers in America® “Ones to Watch” - Energy Law (2021-2022), Environmental Law (2022), and Land Use and Zoning Law (2021-2023)
- Central Pennsylvania Conservancy – Board of Directors (March 2025-Present)
- Pennsylvania Chamber of Business and Industry, Energy & Environmental Policy Council – Water Subcommittee Co-Chair (2025-Present)
- American Bar Association, Section on Environment, Energy, and Resources (Vice Chair of Constitutional Law Committee, 2017-2021)
- Pennsylvania Bar Association, Environmental and Energy Law Section
- Dauphin County Bar Association
- Lunch and Learn: Threatened and Endangered Species Protections and Energy Development, Pennsylvania Bar Association, EEL (Environmental and Energy Law) Energy Law Committee Webinar, 24 February 2025
- Threatened and Endangered Species Policy Update, Pennsylvania Association of Environmental Professionals (PAEP) Webinar, 12 November 2024
- Streamlining Permits for Economic Expansion and Development (SPEED) Program, Pennsylvania Aggregates and Concrete Association (PACA) Members Forum Webinar, 10 October 2024
- Endangered Species Act Update, National Stone, Sand & Gravel Association (NSSGA) Legislative & Policy Forum, 24 September 2024
- Waters of the United States Post-Sackett: Current Regulations, Pending Litigation, and the Path Ahead, Strafford Webinar, 14 May 2024
- Environmental Policy Update, Pennsylvania Asphalt and Pavement Association (PAPA) 2024 Environmental Seminar, 10 April 2024
- New NEPA Amendments and CEQ Phase 2 Proposed Rule: Impacts on Federal Project Planning, Strafford Webinar, 14 November 2023
- Waters of the United States (WOTUS) and Beyond, National Stone, Sand & Gravel Association (NSSGA) Water Update Webinar, 25 July 2023
- Municipal Storm Water Charges (and a Pennsylvania Environmental Policy Update), 2023 Pennsylvania Asphalt Pavement Association (PAPA) Environmental Seminar, 12 April 2023
- Redefining WOTUS, Strafford Webinars, 4 April 2023
- Agency Regulation After West Virginia v. EPA: Climate Change, Major Questions Doctrine, Future of Chevron, Strafford Webinars, 27 September 2022
- Crypto Mining Energy and Environmental Policy Developments, Bank of America Virtual Crypto Mining Conference, 29 September 2022
- Endangered Species Act Update, National Stone, Sand & Gravel Association (NSSGA), 22 June 2022
- Environmental Justice: What You Need to Know About Recent State and Federal Policy Updates, 2022 PAPA Environmental Seminar, 13 April 2022
- WOTUS: Current Status and the Path Ahead, Strafford Webinars, 28 September 2021
- Preparing for Change: Federal and State Environmental Law, Policy and Enforcement, 2021 PAPA Environmental Webinar, 14 April 2021
- Hot Topics in Water Law and Regulation, 2020 Annual Environmental Conference, PA Chamber of Business and Industry, 28 October 2020
- EPA’s New Navigable Waters Protection Rule: Taking Advantage of a Reduced Federal Role, Strafford Webinars, 6 May 2020
- Current Issues Under the Clean Water Act, Halfmoon Education, Pennsylvania Water Laws and Regulations Seminar, 2 February 2020
- Environmental and Local Permitting Process for Energy Generation Projects, Halfmoon Education, Issues in Pennsylvania Energy and Electric Utility Regulation Seminar, 15 January 2020
- MS4s and Stormwater Fees: Emerging Challenges, 2019 Pennsylvania Aggregates and Concrete Association (PACA) Annual Meeting, 14 November 2019
- Waters of the United States – Recent Actions and What’s Next, National Water Supply Alliance 2019 Annual Meeting, 3 October 2019
- Environmental Enforcement Actions and Company Response, 2019 PAPA Environmental Seminar, 9 April 2019
- Air Update: State and Federal Regulatory Developments Impacting the Oil and Gas Midstream Sector in Pennsylvania, Pennsylvania Bar Institute Pipeline & Midstream Update 2018, 7 November 2018
- Energy Production: Potential Water Supply and Quality Issues, Halfmoon Education Water Laws and Regulations Seminar, 20 February 2018
- Current Issues with the Clean Water Act, Halfmoon Education Water Laws and Regulations Seminar, 20 February 2018
- Water Issues Update, Environmental Compliance Issues Conference, PA Chamber of Business and Industry, 29 October 2015
- Waters of the U.S.: Key Issues and Implications, Law Seminars International, 11 June 2015
Additional Thought Leadership Pages
- "U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of ‘Waters of the United States’ Under Federal Law,” Thomson Reuters Westlaw Today, 8 June 2023
- "Vacatur Of Trump Water Rule Means More Uncertainty Ahead," Law360, 29 September 2021
- Pennsylvania Environmental Law and Practice, Ch. 6 (Wetlands) and Ch. 23 (A Practical Guide to Obtaining Wetland Permits), The Pennsylvania Bar Institute
- Pennsylvania Environmental Laws and Regulations, Ch. 5 (In Depth Guide to PA Water and Wastewater Issues), PA Chamber of Business and Industry
- “Noise Regulation of the Shale Oil & Gas Extraction and Production Industry,” 6th Law of Shale Plays Conference, Institute for Energy Law, Center for American & International Law, Energy & Mineral Law Foundation, 10-11 September 2015
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