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Timothy J. Bergère
Philadelphia Office

1735 Market Street
21st Floor
Philadelphia, PA 19103-7505

P: 215-772-7431
F: 215-731-3719

Biography

Timothy J. Bergère is chair of the firm’s Environmental and Energy Transaction practice group, and has been practicing in the field of environmental law for over 35 years. Tim started his career in 1983 as an Assistant Counsel and Special Deputy Attorney General with the Pennsylvania Department of Environmental Protection, before joining Montgomery, McCracken in 1988. He has been involved in all aspects of environmental counseling and litigation, has served as lead environmental counsel in numerous business, financial and real estate transactions, and has developed broad experience in environmental contamination investigation and Brownfields projects across the country. Tim works closely with the firm’s White Collar Group on grand jury matters and other criminal investigations implicating federal and state environmental statutes.

Recently, Tim was part of a team of litigators that tried and secured a $143 million judgment in a vessel casualty case involving a major oil spill in the Delaware River. The judgment was affirmed in 2018 by the U.S. Court of Appeals for the Third Circuit. Borrowing on his experience in other major casualty events, Tim also was involved in the underlying oil spill response, advising the responsible party and its emergency oil spill response contractors on everything from securing access to impacted areas in a major commercial port, to developing forensic evidence related to the cause of the casualty, and eventually identifying natural resource damages and evaluating plans for their restoration.

Over the years, Tim’s practice has required the analysis and interpretation of laboratory testing, laboratory certification processes, and scientific data often at issue in environmental litigation and enforcement matters, which has led to his representation of laboratories in regulatory investigations. Recent engagements include representation of a major cement manufacturer in complex Clean Air Act and waste management matters (Title V, PC-MACT and NSR/PSD) and responding to Section 114 information requests; quarry operations in permitting and groundwater withdrawal matters, including issues of complex sinkhole hydrology; and public water suppliers in high-profile groundwater contamination cases involving so-called emerging contaminants (PFOS, PFOA and 1,4 dioxane), often associated with military air bases.

Tim’s practice has taken him throughout the United States for Fortune 500 clients to manage and resolve legacy environmental liabilities arising from former holdings and operations, as well as the Superfund “tail” liability that sometimes follows historic operations. He has played a role in dozens of large Superfund cases regionally and around the country. His resolution of those matters for firm clients often requires innovative and creative problem solving, including risk management strategies using specifically-manuscripted environmental insurance policies, or qualified settlement funds. For these types of problems, knowledge of the law, and the experience of years in the practice, matters.

Selected Publications

Selected Speaking Engagements

  • Panelist, “How Intergovernmental Cooperation and Community Mobilization Resolved a Water Pollution Emergency,” Villanova ICMA Panel: Effective Management of an Environmental Crisis, March 16, 2017
  • Panelist, “Drinking Water Contamination,” Philadelphia Bar Association’s Environmental and Energy Law Committee, January 17, 2017
  • Speaker, “Managing Fill | Managing Risk,” Langan Design & Construction Seminar, May 18, 2016
  • Speaker, “Marine Pollution USA,” Lloyd’s Academy, November 2014
  • Panelist, “Deepwater Horizon Oil Spill – The Legal Fallout,” American Bar Association Tort Trial & Insurance Practice Section, July 2010
  • Speaker, “Eighth Annual Pennsylvania Environmental Law Forum,” Pennsylvania Bar Association Section on Environmental, Mineral and Natural Resources Law, April 2003
  • Speaker, “MTBE and other Environmental Threats to Public Water Supply Systems,” Region 1 Chapter of the Pennsylvania Municipal Authorities Association (PMAA), September 2002
  • Presenter, “Brownfields Redevelopment: Opportunities Abound-New Developments and Trends,” Montgomery McCracken seminar, June 2002
  • Speaker, “Managing Significant Civil and Criminal Environmental Investigations from the Perspective of a Private Party,” Graduate course in Law Enforcement at St. Joseph’s University, June 2001

Honors & Awards

  • Listed in Who’s Who Legal: Environment
  • Listed in The Best Lawyers in America© 2018 – Environmental Law, Energy Law
  • 2016 Martindale-Hubbell AV Preeminent (highest possible rating in both legal ability and ethical standards)
  • Chambers USA Leading Individual, 2013 – 2018

Professional Activities & Achievements

  • United States Law Firm Group
    • Environmental Law Committee, chair
  • Pennsylvania Bar Association
    • Environmental, Mineral and Natural Resources Law Section, former chair and section delegate
  • Philadelphia Bar Association
    • Environmental Law Committee

Academic Achievements

Tim received his J.D. from University of New Hampshire School of Law, where he concentrated his studies in the areas of energy and environmental law and his undergraduate degree in Environmental Studies from New England College.

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