Philip H. Gitlen

Philip Gitlen has been practicing environmental law since 1974, first at the New York State Department of Environmental Conservation, where he served as General Counsel from 1977-1978, and then in private practice. Mr. Gitlen joined Whiteman Osterman & Hanna LLP in 1981 where he has represented large and small corporations, government agencies and environmental organizations in environmental permitting, enforcement and siting and acquisition of solid waste landfills and hazardous waste management facilities. He also represents businesses in environmental due diligence for mergers and acquisitions and in negotiating and drafting the environmental provisions of various business agreements. Mr. Gitlen was co-managing partner of the Firm from 2003-2017.

Representative Accomplishments Represented industrial client in a federal court trial involving Superfund liability for remedial costs at a large regional New York landfill. The outcome of the two-week trial was zero liability for the client. Represents Fortune 100 client at National Priorities List Site in Brooklyn NY involving sediment remediation. Represented the client in a binding allocation process with more than two dozen other potentially responsible parties. Based on the allocation results, represents the client in a de minimis settlement agreement negotiation with USEPA. Manages environmental clean-up litigation and arbitration for various large and small industrial and commercial clients under the federal and State Superfund statutes, New York State Navigation Law and related statutes, including precedent-setting litigation involving U.S. Environmental Protection Agency Municipal Settlement Policy and litigation involving “divisibility” issues. Represents clients in connection with hazardous waste facility permitting matters under the federal Resource Conservation and Recovery Act and New York State regulations. Represents the major U.S. manufacturer of outdoor wood furnaces in connection with federal Clean Air Act and state regulatory programs. Represents purchasers of commercial properties in connection with potential oil and hazardous substance issues. Represented The Sierra Club in precedent-setting litigation in New York’s highest court establishing the right of recreational use of rivers previously used in commerce.

Affiliations

Mr. Gitlen was an adjunct professor of law at Albany Law School from 1994-1999.

Background/Education

Mr. Gitlen received a J.D. from New York University School of Law in 1972 and a Bachelor of Arts degree, magna cum laude, from Lehigh University in 1969.