Kevin L. Barley
Mr. Barley represents energy, industrial, and other business clients in a broad range of environmental, construction, energy, and commercial matters involving state and federal claims, administrative proceedings, and regulatory programs. He has experience counseling clients in various air, water, hazardous waste, and wastewater issues, as well as environmental risk and indemnity provisions in commercial transactions. Kevin’s experience extends to business contract and tort claims, construction disputes, and real estate matters. Kevin has represented clients before various state and federal courts, administrative tribunals and alternative dispute resolution forums in Pennsylvania, New York, New Jersey, Ohio, West Virginia, Maryland and South Carolina, including the Third Circuit Court of Appeals, the Pennsylvania Environmental Hearing Board, the Pennsylvania Board of Claims, and the American Arbitration Association.
Environmental and administrative matters:
- Obtained an emergency injunction to preserve an E&P company’s use of temporary water line for active frac operation despite landowner’s trespass claims and threat of self-help remedy and favorable settlement of alleged trespass.
- Represented an E&P company against landowner allegations of unlawful release from lined water impoundment, delineated preservation obligations during impoundment decommissioning and coordinated documentation of conditions and remediation of site.
- Representing E&P company in series of hearings conducted by special hearing officer before township’s zoning hearing board in successful defense of constitutional challenge to township’s drilling ordinance and local drill permit issued to client, involving averments pertaining to noise, public health and safety and air quality; continued representation of client during appeals of successful result to Court of Common Pleas, Commonwealth Court and Pennsylvania Supreme Court.
- Representing an E&P company in hearings before the Pennsylvania Environmental Hearing Board in constitutional challenge to drilling permits issued by PADEP.
- Defended E&P company against Petition for Supersedeas to halt drilling activity pending permit appeal before the Environmental Hearing Board.
- Represented an E&P company in alleged release of flow back water into Ohio waterway.
- Represented an E&P company in defense of property damage and impact to water supply claims and enforcement order from PADEP, and resolution of claims and appeal of enforcement order.
- Represented an E&P company in its management of a response to Pennsylvania Safe Drinking Water Act notices of violation pertaining to a public water supply well.
- Represented an E&P company in land use hearing and successfully appealed conditional use denial and obtained permission to use holding tank system for well pad trailers.
- Defended industrial facility owner and operator against CERCLA, New Jersey Spill Act and ancillary claims involving PCBs, metals and other constituents impacting soil, groundwater and/or adjacent waterway sediment.
- Appealed improper construction requirements in permit issued by PADEP before the Environmental Hearing Board.
- Litigated to successful settlement environmental cost recovery claims for public corporation against the United States arising from historic uranium enrichment for nuclear fuel fabrication activities for the United States Department of the Navy.
- Conducted environmental due diligence for oil field services company in potential acquisition of Texas and Connecticut facilities involving potentially impaired real property.
- Defended a successor to manufacturing facilities to resolve liability in Superfund matters in New Jersey, Connecticut, and Pennsylvania regarding alleged historical disposal of facility wastes in municipal landfills.
- Defended a successor to railcar manufacturing facility against claims by a current facility owner seeking cost recovery and indemnity under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and Pennsylvania Hazardous Sites Cleanup Act.
- Pursued and obtained insurance coverage for defense of environmental claims.
Construction and business litigation and transactional matters:
- Obtained bench trial verdict on behalf of mineral acquisition entities against landowner to recover amounts wrongfully paid to landowner to acquire royalty interest.
- Represented prime construction contractor joint venture on federal nuclear construction project on wide range of business and construction matters, including fabrication subcontractors’ claims involving defective design specifications, delay damages, attorneys’ fees and punitive damages, and counseling client on procurement matters.
- Counseled prime construction contractor joint venture regarding ongoing construction matters, dispute resolution and negotiations and requests for equitable adjustment.
- Successfully tried to verdict a claim against PennDOT before the Pennsylvania Board of Claims pertaining to bridge construction project, changed conditions and extra work.
- Obtained summary judgment for defendant design engineer in claims by contractor against municipal authority and design engineer relating to design and construction of combined sewer separation project in Armstrong County, Pennsylvania.
- Litigated defective design and construction claims against cell tower manufacturer.
- Performed due diligence for E&P company acreage acquisitions in Pennsylvania and Ohio.
- Researched and provided recommendations to E&P companies regarding mineral ownership uncertainties, including PA DCNR’s claim to own minerals underlying most streams and ownership of minerals underlying various types of Ohio roadways.
- Represented a seller in evaluating and verifying the ownership and marketing of coal tracts in Western Pennsylvania.
- Resolved commercial disputes involving energy and utility-related businesses, including natural gas and electricity supply contracts, and damages to underground utilities.
Memberships & Affiliations
- Pennsylvania Bar Association
- Allegheny County Bar Association
- The Honorable Amy Reynolds Hay Chapter of the American Inns of Court; Master and former Program Chair on the Executive Board
- PA Supreme Court Tacitly Approves Commonwealth Court’s ERA Analysis
- Commonwealth Court Rejects ERA Challenge, Affirms Ordinance Allowing Unconventional Wells in Residential and Agricultural Areas
- PA EHB Upholds Drill Permits; Rejects Riverkeeper’s Environmental Rights Claims
- PA Supreme Court Rejects DEP’s “Continuing Violation” Theory under the Clean Streams Law for Assessing Civil Penalties
- Pennsylvania Supreme Court invalidates test for constitutionality of Commonwealth environmental actions and applies private trust law, leaving many unanswered questions
Civic & Charitable Organizations
- Hampton Township Zoning Hearing Board, Chairman and Member
Non-FBT Publications and Events
Author, "Pennsylvania Supreme Court invalidates test for constitutionality of Commonwealth environmental actions and applies private trust law, leaving many unanswered questions", The Energy Law Advisor, August 2017.
Webinar: “5 Strategies for Managing The Risk from Disposal Wells”, Co-presenter with Weston Solutions and Knomatic Moble Solutions, November 11, 2015.