Michael M. Meloy

Biography:

Michael Meloy has twenty-five years of experience in the environmental arena. He brings both a legal and engineering background to bear in representing a wide array of clients ranging from Fortune 100 companies to closely held corporations, partnerships, municipalities, and citizens groups in environmental litigation, regulatory compliance, and transactional matters. Michael has provided regulatory assistance to businesses in connection with all of the major environmental regulatory programs, handled the environmental aspects of complex real estate and corporate transactions, been actively involved in numerous redevelopment and remediation projects around the world, handled environmental litigation in both the federal and state courts and before administrative tribunals, and helped design and implement environmental auditing and compliance management programs. Examples of the types of matters that Michael has undertaken include the following:

• providing regulatory advice to businesses regarding the generation, storage, transportation, recycling, processing, treatment, and disposal of hazardous, residual, and municipal wastes, and obtaining permits for hazardous and non-hazardous waste disposal, treatment, processing, transfer, and recycling facilities;
• handling compliance and permitting issues associated with industrial wastewater discharges, pretreatment requirements, stormwater discharges, sewage treatment facilities, wastewater treatment infrastructure, water supply infrastructure, and the discharge of dredge or fill material in wetlands and other types of waters;
• handling matters arising under the Clean Air Act, Toxic Substances Control Act, Emergency Planning and Community Right-to-Know Act, Safe Drinking Water Act, Occupational Safety and Health Act, National Historic Preservation Act, state and federal storage tank programs, and state mining programs for coal and non-coal resources;
• assisting clients in all elements of brownfield redevelopment projects including due diligence, site selection, site characterization and remediation, risk management strategies, private financing, future use approvals, institutional controls, public funding, and liability protection;
• negotiating and drafting environmental components of agreements of sale, corporate transactional agreements, leases, indemnification agreements, and financing documents for real estate and corporate transactions, and coordinating and implementing environmental due diligence;
• representing buyers and sellers of environmentally impaired properties, including petroleum refineries, heavy industrial facilities, waste handling facilities, railroad facilities, paper manufacturing facilities, and chemical manufacturing facilities;
• managing environmental investigation, remediation, and compliance activities at industrial facilities in North America, South America, Europe, and the Middle East for a large multinational corporation;
• developing and implementing corporate compliance and auditing programs, including procedures to protect the confidentiality of audit reports;
• handling litigation before federal and state courts involving governmental enforcement actions, permitting of facilities, citizen suits, environmental common law claims, promulgation of regulations, and cost recovery and allocation actions under Superfund, including appeals before the United States Courts of Appeals for the District of Columbia Circuit and the Third Circuit;
• handling administrative appeals of permits, final agency actions, and civil penalty assessments before the Pennsylvania Environmental Hearing Board;
• challenging federal and state actions under the National Environmental Policy Act;
• handling matters involving agricultural operations and agricultural preservation programs, including litigation before the Agricultural Lands Condemnation Approval Board;
• advising businesses regarding financial disclosure of environmental liabilities, including requirements imposed by the Securities and Exchange Commission;
• assisting in emergency response actions arising out of accidents, train derailments, and unplanned releases of regulated substances;
• drafting legislation and assisting clients and trade associations in commenting on federal and state environmental regulations and guidance documents; and
• handling complex environmental remediation projects including matters arising under Superfund, the Resource Conservation and Recovery Act corrective action program, and state property transfer statutes.

Michael is a member of the Pennsylvania Cleanup Standards Scientific Advisory Board and the Delaware Basin Regional Water Resources Committee. He chairs the Solid Waste Advisory Committee for the Pennsylvania Chamber of Business and Industry and serves on the Pennsylvania Chamber's Environmental Affairs Committee and Water Task Force. Michael is also a member of the Advisory Council for the Department of Civil and Environmental Engineering at the University of Delaware and has chaired the Agricultural Law Committee of the Pennsylvania Bar Association.

Michael has spoken on numerous occasions regarding a wide range of environmental matters, including presentations for the American Bar Association's Section of Environment, Energy and Resources; the Pennsylvania Bar Association; the Pennsylvania Chamber of Business and Industry; the Pennsylvania Bar Institute; the Mid-Atlantic Industrial and Hazardous Waste Conference; the Villanova Law School Environmental Symposium; the Dickinson School of Law Dispute Resolution Symposium; the Penn State University Goddard Forum; the University of Kentucky Environmental Law Institute; and various trade associations and civic organizations. He authored An Overview of Nutrient Management Requirements in Pennsylvania, 10 Penn St. Envtl. L. Rev. 249 (2002), and Disclosure of Environmental Liability in SEC Filings, Financial Statements, and Debt Instruments, 5 Vill. Envtl. L.J. 315 (1994).

Michael earned his bachelor's degree in civil engineering, summa cum laude, from the University of Delaware in 1980. He was the recipient of both a Tau Beta Pi National Fellowship and a Phi Kappa Phi National Fellowship in 1980. He was admitted to the Pennsylvania Bar in 1983 after graduating cum laude from Harvard Law School. During 1984 and 1985, he clerked for the Honorable Walter K. Stapleton of the United States Court of Appeals for the Third Circuit.

Michael is listed in The Best Lawyers in America, Chambers USA - America's Leading Lawyers for Business, and Pennsylvania's Super Lawyers.

In the community, Michael serves as the vice president of the Board of Directors for Hedgerow Theater and is a long time member of the Philadelphia Choral Arts Society. He is also serving as an elder in the Wallingford Presbyterian Church and a basketball coach for the Nether-Providence Athletic Association.

Education:

• Harvard Law School, J.D., cum laude, 1983
• University of Delaware, B.C.E., summa cum laude, 1980

Memberships:

• Bar admissions in Pennsylvania, District of Columbia Circuit Court of Appeals, Third Circuit Court of Appeals, Eastern District of Pennsylvania, Middle District of Pennsylvania
• American Bar Association, Section of Environment, Energy and Resources
• Pennsylvania Bar Association, Environmental, Mineral and Natural Resources Law Section
• Pennsylvania Bar Association, Agricultural Law Committee
• Philadelphia Bar Association, Environmental Law Committee