Produced Water: a State-by-State Regulatory Approach
February 17, 2021
at 11:15:00 AM · Eastern Time (US & Canada)
About This Webinar
This presentation will begin with an overview of produced water and potential legal issues that may arise, followed by a discussion of the approach being taken toward regulation in several Appalachian states.
Megan is an experienced energy litigator and environmental regulatory lawyer who helps clients meet their operational needs and manage risk. She has led numerous high-profile energy litigation and environmental regulatory matters in state and federal courts and before state and federal agencies. Megan has also counseled clients through environmental regulations, environmental issues including due diligence in acquisitions and transactions, state energy regulatory commission proceedings, and municipal zoning matters impacting real estate development and commercial transactions.
From 2013 to 2018, Megan served as an adjunct professor at her alma mater, Duquesne University School of Law, where she instructed Oil & Gas Law. She is also a frequent lecturer on energy and environmental topics and serves on the planning committee for the Pennsylvania Bar Institute’s annual oil and gas law conference.
Kevin Garber is a shareholder in the Environmental and Energy and Natural Resources groups of Babst Calland, practicing out of the firm’s Pittsburgh and State College offices. Mr. Garber concentrates much of his practice in the areas of natural resources law and water law. He represents mining and oil and gas companies, including those developing unconventional gas reserves, on a broad range of environmental issues including permitting, water supply and treatment and resource development. Mr. Garber has extensive environmental litigation experience representing clients before the Environmental Hearing Board in Pennsylvania and in trial and appellate courts. In administrative proceedings, he has represented clients challenging permits, contesting civil penalties and compliance orders, and defending against challenges brought by citizens’ groups, among other matters. Mr. Garber regularly counsels oil and gas production, midstream, storage and transportation companies on federal, state and local environmental regulations affecting their operations, and he negotiates environmental provisions in transactions involving natural resources. He counsels mining clients on a wide range of environmental matters affecting the mining industry, such as water and air permits, bonding and treatment trusts. Mr. Garber also regularly handles NPDES permitting matters and appeals; defends citizens’ suits under the federal Clean Water Act and similar state laws; and represents landowners and others with respect to groundwater protection issues. He leads the firm’s municipal environmental services practice area in which a substantial part of his practice concentrates on sewage facility planning and permitting, storm water management and related development issues facing developers, municipalities and municipal authorities. He serves as special environmental counsel to many municipalities, authorities and developers in western Pennsylvania.
Mr. Garber’s practice also covers the cleanup and redevelopment of industrial sites under federal and state hazardous waste and brownfields laws. In Pennsylvania, for example, he regularly counsels clients in the purchase, sale and cleanup of property using Act 2 to address environmental concerns. He also conducts and reviews environmental audits of various types of industrial, commercial and mining properties for buyers, sellers, lenders and trustees, and negotiates environmental provisions of transactions, contracts and deeds.
In addition, Mr. Garber also practices intellectual property law. He is a registered patent attorney and prosecutes trademark applications before the U.S. Patent and Trademark Office.
Mr. Garber graduated with Distinction from The Pennsylvania State University with a B.S. in Biology, took his M.S. in Oceanography and Limnology from the University of Wisconsin, his Ph.D. in Ecology from the University of Pittsburgh, and his law degree from the Duquesne University School of Law, where he was a member of the Duquesne University Law Review. Mr. Garber’s graduate and doctoral work researched point and non-point source pollutant loadings to lakes and the development of remedial alternatives.
Mr. Unger’s primary areas of practice are corporate, transactional and environmental law.
• Ohio University, B.A., Political Science, 2016
• University of Kentucky College of Law, J.D., 2019
• Assisting a variety of clients in general business and corporate matters
• Advising clients on entity formation and contracts
• Assisting in Clean Water Act and Clean Air Act litigation
• Assisting with state and federal environmental regulatory issues
• Performing due diligence in connection with commercial transactions
• Assisting with preparation of transaction and financing documents
• Summer Associate, Spilman Thomas & Battle, PLLC, 2018
• Law Clerk, Highland County Prosecutor’s Office, 2017
• Intern, Rob Portman for U.S. Senate, 2015 - 2016
• Intern, New Day for America—John Kasich PAC, 2016
Karen Greenwell is a member of the Firm’s Executive Committee and a Co-Team Leader of the Natural Resources & Environmental Service Team. She concentrates her practice in the areas of mineral, energy and property law, and commercial litigation.
With 30 years of legal experience in the mineral and energy industry, Ms. Greenwell has assisted coal, oil, gas and energy industry clients with all manner of transactions, including leasing matters, asset acquisitions and divestitures, corporate mergers and stock acquisitions, and bankruptcy sales. Ms. Greenwell’s experience in litigating property, contract and business tort disputes, as well as in other types of commercial litigation, gives her an unusual breadth of experience and perspective in dealing with issues affecting mineral and energy industry clients.
Ms. Greenwell is a Trustee of the Energy & Mineral Law Foundation, a director of the Kentucky Oil and Gas Association, an adjunct professor at the University of Kentucky College of Law, and a frequent speaker and author on energy topics for organizations such as the Energy and Mineral Law Foundation, the Rocky Mountain Mineral Law Foundation, the Institute for Energy Law, and the Conference of Government Mining Attorneys.
Wyatt is a member of the Kentucky Consortium for Carbon Storage, and Ms. Greenwell is one of the leaders of its task force on legal issues relating to carbon capture and storage.
In addition to litigating business tort, property and contract disputes, Ms. Greenwell has negotiated and prepared mineral leases and been involved in mineral-related acquisitions and lending transactions.
• J.D., with highest honors, University of Kentucky, 1985
• B.A., with highest honors, University of Kentucky, 1976
• Best Lawyers® 2020 Lexington Natural Resources Law “Lawyer of the Year”
• Best Lawyers® 2017 Lexington Mining Law “Lawyer of the Year”
• Best Lawyers® 2013 Lexington Mining Law “Lawyer of the Year”
• Best Lawyers® 2012 Lexington Natural Resources Law “Lawyer of the Year”
• Woodward/White’s The Best Lawyers in America® in the areas of Mining Law and Natural Resources Law, 2007-2021; Oil and Gas Law, 2021; Energy Law 2021
• Chambers USA: America’s Leading Lawyers for Business in Environment, Natural Resources & Utilities: Natural Resources
• “AV” rated in Martindale-Hubbell
• Recognized by her peers in Kentucky Super Lawyers®
• The Energy & Mineral Law Foundation’s recipient of the John L. McClaugherty Award for Distinguished Service, 2016
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
• Fellow of the Institute for Mining and Mineral Research
• Trustee, Energy and Mineral Law Foundation
• Advisory Board, Institute for Energy Law
• Board of Directors, Kentucky Oil and Gas Association
• Member, Energy Bar Association
• Adjunct Professor at the University of Kentucky College of Law
• Member, University of Kentucky College of Law Visiting Committee
Board of Directors, Girl Scouts of Kentucky’s Wilderness Road Council
Ryan is an associate in the Columbus office and a member of the energy and environmental group. He counsels clients on a wide variety of environmental matters including federal and state air, water and waste regulatory permitting. Ryan also assists clients involved in the development of the Utica Shale.
Ryan is a member of the Columbus, Ohio and American Bar Associations and serves on the Ohio State Bar Association’s Environmental Law Committee. He is also a member of the Ohio Oil and Gas Association.
Ryan received his J.D. cum laude from Capital University Law School, where he was member of the Order of the Curia and the Order of the Barristers. He received his B.A. from Miami University.
Prior to joining Vorys, Ryan was an associate at a law firm in Pittsburgh, PA.