John P. Englert
John P. Englert has almost 40 years of diverse environmental experience. Since 1994 John has practiced environmental law and before that he was an environmental consultant. In both capacities, he has served national and international companies in the energy, environmental and manufacturing sectors. His experience spans a broad spectrum of environmental matters, ranging from environmental permitting of large and complex energy and industrial facilities to remediation of nuclear facilities and hazardous waste sites. John counsels a wide array of industrial and energy clients on environmental safety and health matters, assisting them with securing, amending and maintaining the government permits they need to operate and defending them in enforcement actions when things go awry. He also assists with first and third party appeals of environmental permits and counsels on environmental risks and regulatory challenges that clients face as they explore investment in or expansion of their operations.
John’s understanding of the complex environmental challenges his clients face stems not only from his legal experience, but also from his training in the sciences and a previous career in the nuclear industry. He has bachelor’s degree in biological sciences and a master’s degree in natural sciences. Following graduate school, John worked as an environmental and radiological consultant for contractors in the Department of Energy remedial action and waste management programs and at nuclear fuel-cycle facilities. His work during this time included environmental remediation, hazardous and radioactive waste management, safety analysis and environmental assessment, root cause investigations, and consulting on environmental safety and health issues – all experience that informs his current work representing clients on challenging regulatory compliance and litigation matters.
A sampling of John’s recent matters includes advising:
- The owner and operator of a coal-fired electric power generating station on securing new, renewed and modified environmental permits, including a Title V operating permit and numerous permits related to stormwater discharge, water quality management, solid waste management and waterway obstructions and encroachments connected with construction and/or operations to support the station. The engagement also included: obtaining plan approvals for installation of scrubbers and defending these approvals against third party appeals and renewal of a coal mining activity permit for a coal cleaning plant/coal refuse disposal facility and a mine water treatment facility. In addition, John advised on regulatory compliance issues and represented the station before the Pennsylvania Department of Environmental Protection and the Environmental Hearing Board in enforcement matters and permit appeals.
- The owner and operator of a natural gas-fired combined cycle combustion turbine electric power generating station on issues relating to air and wastewater permitting and defense of the air plan approval and NPDES permits in third party appeals before the Pennsylvania Environmental Hearing Board. John also assisted in project financing by preparing a formal legal opinion regarding environmental permitting requirements and the status of permitting for use by the company and its lenders.
- An investor in a proposed natural gas-fired combined cycle combustion turbine electric power generating station on issues relating to environmental permitting and local land use approvals needed to begin construction.
- An investor and the project sponsor in a proposed dual fuel (natural gas and ultra-low sulfur diesel) fired combined cycle combustion turbine electric power generating station on environmental permitting and potential liability associated with construction on a brownfield site and the process for obtaining a release from environmental cleanup liability under the Pennsylvania Land Recycling and Environmental Remediation Standards Act.
- The owner and a lender for a wind powered electric generating system who needed a formal legal opinion regarding environmental permitting requirements and status of permitting to support financing of the project.
- Two Fortune 500 energy companies on air permitting issues associated with the installation of additional compression capacity at several compressor stations in Pennsylvania.
- An industrial company on hazardous and residual waste compliance issues associated with recycling and disposal of petroleum products and byproducts, and responding to a Notice of Violation alleging multiple violations concerning the management of these materials.
- An industrial company on OSHA compliance related issues concerning the appropriate storage and handling of flammable liquids, including compliance with respiratory protection and ventilation standards and appropriate classification of electrical equipment used in manufacturing processes involving flammable liquids.
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