Jessica Sharrow's practice involves counseling and providing litigation representation in connection with the many federal, state and local environmental laws and regulatory programs. Jessica has also assisted clients in connection with oil and gas development issues in the Marcellus Shale, including environmental permitting, compliance, and enforcement actions. Additionally, Jessica assists clients in transactions involving environmental issues.
Representative Matters
· Advises clients on compliances issues under the Clean Air Act (CAA), Clean Water Act (CWA) and the Resource Conservation Recovery Act (RCRA) and analogous state programs, including representing clients in enforcement actions under such laws;
· Counsels clients with regard to toxics, cost-recovery and brownfields issues, including the Emergency Planning and Community Right-to-Know Act (SARA Title III), the Toxic Substances Control Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Pennsylvania's Land Recycling Program (Act 2);
· Extensive experience in analyzing RCRA and corresponding state hazardous waste regulations with respect to whether secondary materials are considered to be wastes under the various rules;
· Advises clients on whether their materials and/or processes qualify for the various recycling exclusions to the definition of solid waste;
· Advise clients with respect to their process operations under Pennsylvania's Residual Waste program to determine potential permit requirements, co-product applicability, permit-by-rule status and whether the process is a non-regulated activity;
· Assists clients with voluntary self-disclosures of environmental violations under both federal and state programs;
· Defends clients in CERLCA cost recovery actions, including the defense of parent corporations potentially subject to veil-piercing theories in such actions;
· Performs environmental due diligence, assists with environmental permit transfers and drafts and negotiates contract provisions in order to allocate any environmental risk according to the intent of the parties.
Professional Affiliations
Allegheny County Bar Association
Air & Waste Management Association
Articles/Speeches/Presentations
· "Mineral Rights Law: What's Happening Now?" co-presented at the National Business Institute Mineral Rights: What you Need to Know NOW! Seminar, December 2011.
· "Clean Air Law and Emerging Developments," co-presented at the National Business Institute on Clean Air Law and Emerging Issues teleconference, July 2010.