Nicole R. Moshang

Biography:

Nicole R. Moshang concentrates her practice in environmental litigation, representing clients in state and federal courts as well as administrative forums. These matters involve cost recovery and contribution litigation under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and other federal and state environmental laws, citizen suit claims, natural resource damage claims, tort and contract claims, challenges to agency action, class actions, environmental insurance coverage disputes, enforcement and penalty actions, and claims brought pursuant to Pennsylvania’s Underground Storage Tank Indemnification Fund ("USTIF"). In addition to litigation, Nicole has advised clients on a range of environmental matters, including regulatory compliance with federal, state and local regimes. Nicole's clients have ranged from Fortune 500 corporations in an array of business sectors to closely held businesses, sole proprietorships, municipalities, and school districts in a variety of complex environmental litigation matters including the following:

• representation of a school district in private cost-recovery litigation in connection with an oil spill at an elementary school resulting in investigation and remediation costs in excess of $1 million;
• representation of a global chemical manufacturer in a multi-party negotiation of an administrative consent order with the U.S. Environmental Protection Agency ("EPA") to conduct a remedial investigation and feasibility study of a major urban river;
• defense of a national telecommunications company in a third-party contribution action brought under the New Jersey Spill Act seeking contribution towards government claims for alleged past and future response costs in excess of $25 million;
• defense of several companies in natural resource damage litigation brought by the state of New Jersey under the New Jersey Spill Act seeking damages, as trustees of the state, for the alleged loss of use of contaminated groundwater;
• defense of a public utility against a class action filed in state court seeking environmental testing, remediation, and medical monitoring of over 12,000 residences for an alleged "threatened release" of mercury during the removal of gas pressure regulators;
• defense of a former specialty metals manufacturer in a federal action seeking damages in excess of $15 million for alleged property damage and diminution in property value from airborne emissions associated with manufacturing activities;
• defense of a specialty chemicals company in a CERCLA cost recovery action brought by the U.S. Environmental Protection Agency, resulting in the dismissal of the federal government's claims with prejudice (United States v. Rohm and Haas, 2010 U.S. Dist. LEXIS 99585 (D.N.J. Sept. 22, 2010));
  
• negotiation of a consent order on behalf of an HVAC service provider with EPA in resolution of an enforcement action for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act;
• representation of municipal interests in litigation pertaining to application of ordinances; and
• representation of clients in alternative dispute resolution and mediation settings.

In 2010, Nicole was listed as a "Rising Star" by Pennsylvania Super Lawyers magazine. She has also written on environmental issues for The Legal Intelligencer, Mid Atlantic Real Estate Journal, and other publications and organizations. Before joining Manko, Gold, Katcher & Fox LLP, she was an attorney in the Commercial Litigation Group at Schnader Harrison Segal & Lewis in Philadelphia. Nicole served as a law clerk to the Honorable Paul Jaffe of the Commonwealth of Pennsylvania Court of Common Pleas, Philadelphia County, before entering private practice.

Education:

• Villanova University School of Law, J.D., 1996
• Western Connecticut State University, B.B.A. (business management), 1993

Memberships:

• Bar admissions in Pennsylvania, New Jersey, Eastern District of Pennsylvania, District of New Jersey
• Co-Chairwoman, Society of Women Environmental Professionals of Greater Philadelphia
• Villanova Law School Inn of Court