Mr. Elliott’s primary areas of practice are civil and criminal environmental law with experience in appellate and district court litigation, agency rulemaking, compliance counseling, and administrative adjudication with special emphasis on Clean Air Act matters.

Bar Admissions

Admissions

• West Virginia State Bar
• District of Columbia Bar
• Maryland State Bar
• Pennsylvania State Bar

Education

• Bucknell University, B.A., 1990
• Pace University School of Law, J.D., 1996

Significant Accomplishments

Representing coalitions of federal and state oil and natural gas associations in Clean Air Act rulemaking and appellate litigation, including a challenge to EPA’s Subpart OOOO NSPS/NESHAP for the oil and natural gas source sector

Representing electric utilities, pulp and paper, chemical manufacturers, and pipeline companies in EPA’s New Source Review enforcement initiatives against these industry sectors

Representing electric utilities, chemical manufacturers and meat processors in investigations involving possible criminal enforcement of alleged environmental crimes

Representing and counseling of chemical manufacturers on RCRA compliance, including environmental audits and defense of enforcement actions and administrative matters

Representing a wide variety of PRPs (from Fortune 500 to trustees) in CERCLA remedial actions as well as in the defense of contribution and cost recovery claims for site cleanup costs

Representing corporate witnesses and other subjects of criminal investigations, and assisted in responding to grand jury subpoenas

Counseling a variety of interests associated with processing property through West Virginia’s Voluntary Remediation Program

Counseling lenders and purchasers regarding environmental issues and due diligence associated with commercial and real estate transactions

Representing electric utilities, chemical manufacturers and other industrial companies in a variety of enforcement actions, investigations, rulemakings and other proceedings 

Serving as Chair, Citizens Advisory Committee to Executive Council of the Chesapeake Bay Program, working closely with members of the Principal Staff Committee, which is composed of the top environmental regulators in the Bay states, and providing input on matters related to promulgation of  the Chesapeake Bay TMDL

 

Representative Cases

United States v. Westvaco Corp., 144 F.Supp. 2d 439 (D.Md. 2001)

Appalachian Power Co. v. EPA, 251 F.3d 1026 (D.C. Cir. 2001)

Appalachian Power Co. v. EPA, 249 F.3d 1032 (D.C. Cir. 2001)

Seminars/ Presentation

Presenter, "Challenges in the Air," Spilman Environmental Forum, Farmington, Pa., April 2014

Speaker, Coal-Based Power Plant Permitting Seminar, March 2006

Publications & Presentations

• Author, “Oil and Natural Gas Sector: Compliance Guidance for Subpart OOOO Requirements for Storage Vessels,” white paper prepared for the Independent Petroleum Association of America, 2013
• Editor-in-Chief, Pace Environmental Law Review, 1995 – 1996 
• Presenter, “Challenges in the Air,” Spilman Environmental Forum, Farmington, Pa., April 2014
• Speaker, Coal-Based Power Plant Permitting Seminar, March 2006