Jennifer A. Giblin

Jennifer advises clients on compliance under federal and state environmental laws and the management of environmental risks in business and real estate transactions. She also advises on the transportation of hazardous materials and dangerous goods under U.S. and international regulations and standards.

Jennifer’s environmental compliance counseling practice includes solid and hazardous waste identification, management, and disposal issues under state laws and the Resource Conservation and Recovery Act (RCRA); spill reporting and site remediation obligations under federal and state laws, including RCRA, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), and state voluntary cleanup and Brownfields programs; and permitting issues under the Clean Water Act and the Clean Air Act.

In her transactional practice, Jennifer conducts environmental due diligence, assesses and allocates environmental liabilities, and identifies and assists companies with obtaining federal, state, and local regulatory approvals necessary for consummation of transactions, including environmental permit transfers.

She also counsels clients on the transportation of products, materials, and waste, leveraging her expertise in the U.S. Department of Transportation Hazardous Materials Regulations, the International Air Transport Association (IATA) Dangerous Goods Regulations, and the International Maritime Dangerous Goods (IMDG) Code. She advises clients in responding to Letters of Investigation and civil penalty assessments from the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Aviation Administration (FAA).

Representative Matters

• Serving as outside environmental counsel to two major manufacturing companies for more than 25 years in a wide array of counseling and enforcement matters.
• Representing a Fortune 200 company identified as the owner of a Superfund site, including negotiating an administrative consent order with the U.S. Environmental Protection Agency and Missouri Department of Natural Resources and counseling client regarding compliance with the order throughout the site investigation and remediation process.
• Represented potentially responsible parties at dozens of Superfund sites.
• Counseled a client regarding establishment of a takeback and recycling program for electric vehicle batteries.
• Represented companies responding to U.S. EPA requests for information under CERCLA and the Clean Water Act regarding PFAS.
• Represented a manufacturing company in a state administrative action for violations of a facility air permit and negotiated a substantial penalty reduction.
• Obtained a determination from the Pennsylvania Department of Environmental Protection that soil generated during site remediation did not contain listed hazardous waste, saving client thousands of dollars in disposal costs.
• Counseled clients regarding cleanup of contaminated sites under the Pennsylvania Land Recycling and Environmental Remediation Standards Act, referred to as Act 2, and negotiated the successful sale of these sites using Act 2 Buyer-Seller Agreements.
• Provided environmental transactional support to a multinational electrical equipment distributor regarding multiple U.S. company acquisitions.
• Counseled a major e-retailer regarding all aspects of hazardous materials/dangerous goods transportation compliance.
• Assisted client with response to FAA Letter of Investigation concerning an undeclared hazardous material shipment by air, including investigating the client’s compliance with the hazardous material regulations and implementing corrective actions, resulting in FAA closure of the matter with no penalty.
• Created training materials for client regarding shipment of products containing lithium batteries under the DOT Hazardous Material Regulations and the IATA Dangerous Goods Regulations.

Professional Experience

• Private law practice (1991-2023)

Affiliations

• American Bar Association (ABA)
• Environmental Law Institute (ELI)