REPRESENTATIVE EXPERIENCE
Tad J. Macfarlan
Acted as lender's counsel on 153 MW wind energy project pertaining to the financing of
development which includes performing review of real estate due diligence, regulatory,
environmental, validation of property ownership and negotiation of other loan documents to
ensure protection of lender.
Project Development
Advised developers of multiple utility-scale wind and solar projects on all aspects of federal,
state and local environmental and land use permitting and related project financing matters.
Advised the developer of a 1,000 megawatt combined-cycle natural gas-fired power plant in
Western Pennsylvania on all aspects of federal, state and local preconstruction environmental
permitting requirements.
Advised the developer of a petrochemical complex in Western Pennsylvania on compliance with
major source air permitting requirements under the federal Clean Air Act and Pennsylvania Air
Pollution Control Act.
Advised the developer of a cross-border electric utility line project regarding environmental
permitting requirements and condemnation authority under state and federal public utility laws.
Advised a rare-earth metals refiner undertaking facility upgrades regarding environmental
permitting requirements under the federal Resource Conservation and Recovery Act, federal Clean
Water Act, Pennsylvania Solid Waste Management Act and Pennsylvania Clean Streams Law.
Advised midstream oil and gas operators on pipeline permitting requirements under the Clean
Water Act and Pennsylvania Clean Streams Law, including ancillary requirements relating to the
protection of endangered species, historic properties and cultural resources.
Advised a bottled water production company regarding compliance with local zoning and land-use
requirements in potential siting of new spring water development facilities.
Advised a shale gas exploration and production company in relation to local permitting matters
in several Western Pennsylvania municipalities.
Advised investor in data center project with respect to state and local permitting and
environmental requirements.
Corporate Transactions
Advised an investor-owned public utility company during its acquisition of municipal water and
wastewater treatment systems, including advice with respect to environmental, public utility and
municipal law issues.
Served as environmental counsel for the operator of multiple battery recycling facilities and
legacy liability sites in several states through the course of a multi-step corporate
restructuring and divestment of operational assets.
Served as environmental counsel for sellers in a corporate transaction involving the sale of the
capitol services business segment of an international engineering, procurement and construction
(EPC) company.
Served as environmental counsel for buyers in a corporate transaction involving the purchase of
multiple steel fabrication facilities operating in several states.
Served as environmental counsel for foreign buyers in its acquisition of an American robotics
production company.
Enforcement Defense and Litigation
Advised an operator of multiple hazardous waste incinerator facilities with regard to
US Department of Justice and US Environmental Protection Agency civil enforcement actions,
Consent Decree implementation, and Clean Air Act information requests.
Represented a major North American energy company with respect to multiple environmental
criminal investigations.
Represented a coalition of coal-fired power plant owners in litigation challenging the
Pennsylvania Department of Environmental Protection’s CO2 Budget Trading Program, which is
designed to implement the Regional Greenhouse Gas Initiative (RGGI) in Pennsylvania.
Represented oil and gas industry clients in defending against administrative enforcement actions
involving alleged wetlands encroachments, erosion and sediment control issues, waste disposal
requirements and well permitting violations.
Represented a diversified energy production, transmission and distribution company in contested
municipal stormwater ratemaking proceeding before the Philadelphia Water Department.
Represented a bottled water production company in a contested special exception hearing before a
municipal zoning hearing board in Northeastern Pennsylvania.
Public Comments
Drafted public comments on the US Environmental Protection Agency's Clean Power Plan.
Drafted public comments on the Pennsylvania Department of Environmental Protection’s CO2 Budget
Trading Program.
Drafted public comments on the New York Department of Environmental Conservation’s proposed
regulations and environmental impact statement on high-volume hydraulic fracturing.
Drafted public comments on the Susquehanna River Basin Commission’s low-flow protection policy
and technical guidance.
Drafted public comments on the Pennsylvania Department of Environmental Protection’s general
permit for air emissions from natural gas processing and production facilities (GP-5).
Pro Bono
Counseled a nonprofit nature conservancy regarding interpretation and enforcement of
conservation easement requirements.
Obtained a precedential opinion from the United States Court of Appeals for the Third Circuit in
representation of a Salvadorian national in his appeal of a deportation order issued by the
Board of Immigration Appeals. See Mayorga v. Attorney General, 757 F.3d 126 (2014).
Successfully represented a domestic abuse victim in an appeal from the issuance of a Protection
from Abuse (PFA) order before the Pennsylvania Superior Court.
