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Biography

Phil represents business and the manufacturing in all aspects of environmental, health and safety, and toxic tort issues. His practice includes:

  • Environmental litigation (defense of governmental enforcement actions and citizens suit defense)
  • Superfund and toxic tort claim defense
  • Environmental due diligence and negotiations associated with corporate acquisitions and divestitures
  • Compliance counseling (confidential health and safety auditing and research regarding compliance with environmental, health, and safety laws and regulations)

Phil has prior education and work experience in science (biology, chemistry, bacteriology, and biochemistry), environmental and occupational health, and engineering (civil, geotechnical, air pollution control, wastewater treatment, and waste management).  He is a certified Professional Environmental Auditor.

 

Phil's Relevant Experience

Legal Work Highlights

Represented the Northern Kentucky Chamber of Commerce in negotiations with the Kentucky Division for Air Quality and the U.S. EPA to revise the State Implementation Plan and permit the return of conventional gasoline for the northern Kentucky air quality region.

In Re Essroc, RCRA Appeal No. 13-03. Secured the remand of a Mercury feed rate limit issued by U.S. EPA Region 5 in the client’s RCRA waste combustion permit. Appeal was founded on a faulty Risk Assessment before the U.S. EPA’s Environmental Appeal Board (EAB) at Washington, D.C. headquarters. In addition to typical appellate briefing, the appeal included a rarely granted oral argument before the three-judge panel. Phil argued on behalf of Essroc. The EAB ruled that U.S. EPA Region 5 did not follow the necessary protocol for performing a risk assessment.

Counsel clients on sampling procedures and interpretation of data related to Emerging Containments, such as per fluorinated compounds, PFOA and PFASs.

Represented Florida paper mill in administrative enforcement and civil litigation arising from alleged contamination of groundwater with dioxin and other chlorinated hydrocarbons. Coordinated identification and development of expert witnesses to defeat class certification claims founded on faulty Risk Assessment, developed a Monte Carlo approach to Risk Assessment later adopted by U.S. EPA.

Managed a successful audit of a large telecommunications company under EPA’s policy for voluntary disclosure of violations at new acquisition. This included 100+ facilities with extensive use of underground storage tanks. The audit resulted in no fines or penalties.

United States v. Essroc Cement, USDC WDPA (2:11-cv-01650-DSC). Defended industrial client in national litigation arising from alleged New Source Review violations at cement manufacturing kilns located throughout the United States. Resolved litigation with a “global” consent decree.

Successfully concluded an investigation of alleged Legionnaires’ Disease outbreak at a client’s 2,000 plus employee call center.

Represented distilled spirits manufacturer in all aspects of day-to-day environmental compliance requirements.

Represented industrial, commercial, and education facility clients in litigation arising from alleged exposure to indoor air contaminants (solvents, styrene, methylene chloride, mold, lead, radon, silica, and carbon dioxide).

Defended industrial clients in administrative hearings before the Department of Labor, OSHA, administrative law judges alleging violation of OSHA’s regulations pertaining to: Hazard Communication Standard (Material Safety Data Sheet); walking and working surfaces; lockout/tagout; electrical safety, construction (steel erection and plumbing); worker exposure to airborne chemicals and respirable dust.

Defended industrial client against alleged nuisance and negligence claim arising from noise and vibrations associated with the operation of the manufacturing plant.

Defended industrial client against an Administrative Cease and Desist Order arising from alleged methylene chloride contamination of a river and drinking water source.

Defended “New Source Review” administrative enforcement action by Kentucky Energy and Environment Cabinet against a miscellaneous parts manufacturer. Initial penalty demand that exceeded $1 million was reduced to $15,000, the case then settled.

Represented numerous clients in the regulatory obligations associated with the Ohio EPA’s Cessation of Regulated Operations (“CRO”) requirements. Successfully advocated the client’s position that petroleum underground storage tanks and historical environmental contamination were not subject to CRO. The clients were guided through the CRO requirements and successfully completed the shutdown requirements.

Litigated alleged injuries due to exposure to silica in workplace environments.

Successfully appealed denial of building permit before the Kentucky Housing and Building Commission based upon quantity limitation of “H-4” Highly Hazardous Material.

Coordinated screening, retention and preparation of expert witnesses who testified on issues of bacteriology, chemistry, allergy, respiratory disease, contaminant mobility, risk assessment and property valuation.

Negotiated interaction between RCRA and DOE regulations for a client producing mixed radioactive and hazardous waste.

Appealed air emission (including Title V) permits to federal and state agencies including Kentucky, Ohio, Tennessee, Pennsylvania, Georgia, Michigan, Illinois, and Indiana.

Certified Professional Environmental Auditor, the Board of Environmental Auditor Certification.

Claim Defense: Nuisance and Trespass

Other Info About Phil

Education

Law School

Northern Kentucky University, Salmon P. Chase College of Law, J.D., 1986

Graduate School

University of Cincinnati College of Medicine, M.S., 1980, Environmental Sciences

Undergraduate School

University of Cincinnati College of Engineering, Course work, 1978, Chemical Engineering

University of Cincinnati, B.S., 1977, Biology

Bar Memberships

Phil is licensed to practice in the following state(s):

Ohio, 1986

Kentucky, 1987

Courts

Phil is admitted to practice before the following court(s):

U.S. District Court for the Southern District of Ohio

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Western District of Kentucky

U.S. Court of Appeals, Sixth Circuit

United States Supreme Court

Ohio Supreme Court

Kentucky Supreme Court

Recognition

Local & National Recognition

Chambers USA®, Environment, Natural Resources, & Utilities: Environment, 2010-2011; Environment, Natural Resources, & Utilities: Natural Resources, 2012-2013

The Best Lawyers in America® for Environmental Law Litigation – Environment, 2006-2021

The Best Lawyers in America®, Lawyer of the Year, Litigation – Environmental, 2018

AV® Rated, Martindale Hubbell®

Selected for inclusion in Kentucky Super Lawyers®, 2005-2016, 2018-2019

Cincy Leading Lawyer by Cincinnati Business Magazine

Salmon P. Chase College of Law, Doctor of Laws, LL.D. (h.c.), 2009

Professional Affiliations

Professional Affiliations & Memberships

Cincinnati Bar Association, President, 2008-2009; President Elect, 2007-2008; Vice President, 2006-2007; Secretary, 2005-2006; Board of Trustees, 2003-2010; Environmental Law Committee, Past Chairman, Member 1985-present

Cincinnati Bar Foundation, Board of Trustees, 2012-present; Chair Development Committee, 2013-2020

Chase College of Law Alumni Association, Board, 2010-2018

Cincinnati Academy of Leadership for Lawyers, Class III

Kentucky Bar Association, Environmental and Natural Resource Law Section, Chair, 2013-2014; Vice-Chair, 2011-2012

Air and Waste Management Association

Northern Kentucky Bar Association

American Industrial Hygiene Association

American Conference of Governmental Industrial Hygienists (ACGIH®)

Civic Activities

Civic & Charitable Organizations

Redwood Foundation, Board Chair, 2017 – Present

Leadership Cincinnati Alumni Association, President, 2009; President-Elect, 2007; Graduate, Class XXIII

Leadership Northern Kentucky Alumni Association, President of the Board (former); Graduate, Class of 1990-1991

Redwood Rehabilitation Center, Ft. Mitchell, Kentucky, President, 2010-2012; President-Elect, 2008-2010; Board of Directors, 1997-Present; Chairman, Development Council, 1997-2010; Chairman, $6.3 million Capital Campaign; Dorothy Wood Foundation, Trustee Emeritus, 2013-present

Greater Cincinnati United Way, Co-Chair Tocqueville Society (recognizing individuals who donate $10,000 or more per year), 2013-2015

Northern Kentucky United Way Campaign, Campaign Cabinet, 2010; Chairman, 2001; Vice Chairman, 2000; Division Leader, 1999; Campaign Volunteer, 1997-present

Northern Kentucky Chamber of Commerce, Board of Directors, 1993-1999, 2013-present; Executive Committee, 2013-present; Treasurer, 2015-2018; Environmental Issues Committee Chair, 1988-1990 and 2010-2012; D.C. Fly-In Chair, 2013; Chamber Fund-Raising Development, 2013

Just the Beginning Foundation (“JTBF”), 2010 Conference Advisor, Atlanta, Georgia; 2008 Conference Advisor, Washington, D.C.; 2006 Conference Executive Committee, Cincinnati, Ohio; Chair, Development Committee

Cincinnati Arts Association, Board of Trustees, 2017-Present

Cincinnati Arts Association, “Dancing for the Stars” Benefit; Winner, Celebrity Dance Competition, 2009; Honorary Chair, 2010; Chair, 2011-2012

Presentations

Phil was invited to speak at the following events:

“Human health impact of Per-and polyfluoroalkyl substances (PFAS), proper PFAS sampling protocols to prevent cross-contamination, and PFAS regulatory developments,” 23rd Annual Kentucky Environmental Permitting & Reporting Seminar, August 2020

“Superfund: Forty Years Old and Still Evolving, Comprehensive Environmental Response and Liability Act, the federal law addressing liability for releases of hazardous substances to the environment.” 18th Annual Kentucky Environmental Conference, August 2020

“Opportunity Lies Within Kentucky’s State and Local Tax Benefits for Pollution Control Facilities and Equipment” Kentucky Chamber of Commerce, March 2018

“Practical Implications of Uncertainty Analysis and Robust Conclusions for a Site Specific Risk Assessment,” International Conference on Thermal Treatment Technologies & Hazardous Waste Combustors, October 2015

“Impact of the U.S. EPA’s Next Generation Compliances Tools’ on Kentucky Industry,” Kentucky Chamber of Commerce, August 2015

“RCRA’s Imminent and Substantial Endangerment: An Old Law Generates New Risks,” Environmental Auditing Roundtable, May 2015

“Practical Impact of New UST Rules on Industry,” Business and Legal Resources, July 2015

“Enforcement Trends in Permitting and Reporting,” Kentucky Chamber of Commerce, August 2014

“Regulation of Endocrine Disrupting Chemicals,” Kentucky Bar Association Annual Convention, Lexington, Kentucky, June 2010

“The Impact of EU’s REACH Legislation on U.S. Industries”, Cincinnati Bar Association, Cincinnati, Ohio, November 2007

“Environmental Due Diligence During the Sale or Purchase of Property,” Automotive Recyclers Association 63rd Annual Convention & Exposition, Indianapolis, Indiana, September 2006

“Environmental Audits Under KY Law/RCRA: Overview of Laws & Regulations/CERCLA: Management by the Book,” Kentucky Chamber of Commerce, Practical Compliance with EPA Regulations Course, May 2006

“Current Environmental Issues In Real Estate (including updates on Mold, Environmental Due Diligence and Brownfield Redevelopment),” Cincinnati Bar Association Real Property Law Institute, December 2005

“Environmental Crimes: Avoiding Personal Liability for Environmental Law Violations,” Cincinnati, Ohio, December 2004

“Update on Environmental Litigation and Enforcement,” 7th Annual Kentucky Environmental Permitting & Reporting Conference, Kentucky Chamber of Commerce, October 2004

“Overview of US EPA and Ohio EPA Audit Disclosure Requirements,” Ohio Spill & Prevention Emergency Response Conference, September, 2004

“Identifying Environmental Issues for Non-Environmental Lawyers,” Kentucky Bar Association, December 2002

“Global Risk Management,” Ecole Normale Supérieure De Cachan Research Group in Risk, Information and Decision, Northern Kentucky University, April 2002

“Issues In Environmental Transactions,” Kentucky Bar Association, January 2002

“Kentucky OSHA Regulations: Does Your Construction Site Comply? — Environmental Law Issues In Construction,” Lexington, Kentucky, July 2001

Major Publications

Phil is an author or contributor to the following publications:

“Problems Arising from the Creation of a Computer-Based Litigation Support System,” Northern Kentucky Law Review, Vol. 14, pg. 263

“Environmental Problems and Their Effect on Lending Institutions,” Northern Kentucky Law Review, Vol. 18, pg. 175

“Overview of Brownfield Redevelopment Initiatives: A Renaissance in the Traditional Command and Control Approach to Environmental Protection,” Northern Kentucky Law Review, Vol. 25, pg. 29

“A Manual Method for TRS Determination,” Journal of Air Pollution Control Association, 35:1280-1286, Dec. 1985

“Method 15A-Determination of Total Reduced Sulfur Emissions from Sulfur Recovery Plants in Petroleum Refineries,” 40 CFR 60, Appendix A

“Method 16A-Determination of Total Reduced Sulfur Emissions from Stationary Sources (Impinger Technique),” 40 CFR 60, Appendix A

“Mold: The New Frontier for Environmental Law,” Cincinnati Bar Association’s CBA Report, December 2001

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