Energy and Environmental

Montgomery McCracken’s Energy and Environmental Industry Group has over 50 years of experience in the field of environmental law, including various areas within the energy discipline.

We capably represent our clients in connection with:

  • Brownfield redevelopment projects
  • Federal and state Superfund investigation and remediation matters
  • Regulatory compliance matters
  • Permitting and  reporting requirements under a wide variety of environmental laws
  • Negotiating power purchase agreements
  • Solar and alternative energy project development
  • Environmental risk allocation and management in real estate transactions
  • Major marine oil spill events/NRD actions
  • Maritime enforcement matters aimed at vessel compliance
  • Obtaining environmental insurance
  • Contracting for environmental services
  • Environmental impacts from catastrophic fires, floods and explosions
  • Worker and community Right-to-Know compliance
  • “Legacy” site contamination issues
  • Clean Air Act permitting and compliance
  • Pesticide licensing and cleanup
  • Mine permitting and compliance
  • Insurance coverage disputes
  • Wetland and related land use issues
  • Criminal enforcement of environmental laws
  • Toxic tort and complex litigation
  • Commercial, corporate, real estate, employment and tax
  • Vessel impact damage to coral reefs
  • Claims to the National Pollution Fund


The firm has significant experience assisting clients with the redevelopment of former industrial and military facilities, sometimes called “Brownfields”. Our Energy and Environmental Industry Group has assisted clients re-purposing these once vibrant facilities into modern manufacturing and commercial centers, casinos, power plants, baseball stadiums, and golf courses.


The firm has considerable experience in Superfund, SWMA/RCRA, Clean Water Act and Clean Air Act litigation, which accounts for a significant portion of our litigation caseload. Through these engagements we have worked on complex cost allocation proceedings, corrective actions UST releases and the defense of civil penalty actions and citizens suits.

Transactional/Environmental Risk Management

Today, many real estate transactions and corporate acquisitions have environmental implications and provide unique opportunities to allocate or manage historic environmental risks. At Montgomery McCracken, our attorneys work closely with clients to identify and manage these risks  and to eliminate or limit so-called Superfund tail liabilities in unique and creative ways. We also have served lenders and private equity investors in structuring loans, acquisitions or sales to address environmental liabilities.

catastrophic events

We have worked on major oil spill response cases across the country and through that work have developed considerable experience in the field of natural resource damage assessment, cost control and cost recovery, including proceedings under the Oil Pollution Act and before the National Pollution Fund Center established to reimburse those impacted by oil spill events. We have also represented clients who have experienced catastrophic events such as fires, floods and explosions, where environmental impacts were at the fore.

Criminal Enforcement/Debarment

One unfortunate development over the past decade has been the significant increase in the number of environmental matters referred for criminal investigation. Montgomery McCracken has an extensive practice responding to and managing governmental investigations with dual (and sometimes dueling) civil and criminal components. Our attorneys have worked on state and federal investigations across the country, assisting with grand jury investigations, subpoena and search warrant responses, employee and former employee interviews, as well as the defense and trial of cases filed by the government. Experience tells us that early involvement in such matters, as soon as a client discovers it is the target or subject of such an investigation, is critical to assuring the most favorable outcome. We also have assisted clients who because of past environmental compliance issues have been subjected to asset forfeiture or debarment proceedings.

Our lawyers are in regular communication with EPA offices in Washington, New York, and Philadelphia, and with the Pennsylvania and New Jersey Departments of Environmental Protection regarding enforcement, administrative and regulatory issues, while also working with other EPA, Coast Guard and state agencies across the country. At Montgomery McCracken we are committed to providing practical, multidisciplinary solutions to the environmental issues that arise in business transactions. With experienced personnel, we are able to advise our clients in the technical and legal areas that comprise the field of environmental law.

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