In addition, Mr. Armstrong represents buyers, sellers and lenders in real estate and corporate transactions implicating federal and/or state environmental laws, in the manufacturing and chemicals industries (titanium dioxide, synthetic fibers, polypropylene foam, oil mud, boilers), in oil and gas exploration, production and transportation, in the energy industry and in the refining industry. These efforts include environmental due diligence, negotiation of environmental representations, warranties and indemnities, and post-closing integration efforts such as permit transfer and EHS system upgrades. He has represented clients in the purchase and sale of real estate and businesses in California, Connecticut, Florida, Illinois, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, New Jersey, Rhode Island, Texas and Vermont impacted by environmental contaminants.

Representative Matters

Advised independent and integrated producers of natural gas, foreign oil companies, hedge funds and technology developers on natural gas resource development issues related to hydraulic fracturing, water use, water disposal and air permitting.

Counseled large real estate developer on design and safety aspects of pipeline regulated by PHMSA.

Represented large refiner in challenge to EPA interpretation of NSPS Subpart J regulations.

Assisted Portland Cement Association in the preparation of comments on EPA's proposed portland cement MACT standard.

Handled environmental due diligence in potential $400 million acquisition of titanium dioxide plants.

Handled environmental due diligence in $200 million acquisition of polypropylene foam plants.

Represented developer in administrative appeal of EPA's issuance of a PSD permit for a planned 1,500 MW coal-fired power plant.

Handled environmental due diligence in potential multi-billion dollar acquisition of large domestic refinery.

Represented both plaintiffs and defendants in environmental cost recovery litigation under CERCLA, RCRA and state statutory and common law at various sites in California.

Represented petrochemical company in defense of multiple actions related to alleged MTBE contamination of soil and groundwater in federal multi-district litigation.

Counseled multiple clients, including foundries, oil refineries and cogeneration facilities, on Title V compliance in various regional air districts.

Counseled multiple clients on environmental permitting process for the development of wind energy facilities in California, Montana and New York.

Publications and Speeches

Co-author, "Environmental Hurdles Threaten To Stymie US Shale Production," Oil & Gas Financial Journal, June 1, 2010.

Co-author, "Congress May Consider Hydraulic Fracturing This Year: Boom in Shale Drilling for Natural Gas Brings to the Forefront Debate Over Environmental Risks," National Law Journal, February 8, 2010.

"Efforts to Federally Regulate Hydraulic Fracturing May Pick Up Momentum in 2010,"" Energy Legal Blog, January 22, 2010.

Co-author, "A Flood of Climate Change Tort Cases," POWER Magazine, December 2009.

"Environmental Law and the Cement Industry: Future Challenges," Presentation to Argus Petroleum Coke Summit 2009, Houston, Texas, September 18, 2009.

Co-author, "Development of Energy Infrastructure: Will Taxpayers’ Money Stimulate Environmental Reform?," The Federal Lawyer, June 2009. 

Co-author, "In re MTBE Products Liability Litigation and the Future of Market Share Liability," 3 Bloomberg Corporate Law Journal 426 (Summer 2008).

"Recovery of the Government's Attorneys' Fees under CERCLA: An Ongoing Problem for Responsible Parties," 18 Environmental Liability, Enforcement & Penalties Reporter 99 (March 2008).

"EPA and U.S. Army Corps of Engineers Announce New Joint Guidance for Establishing Clean Water Act Jurisdiction over Waters of the United States," 17 Western Water Law and Policy Reporter 412 (July 2007).

"U.S. Supreme Court Unanimously Affirms Cost Recovery under CERCLA Section 107 in Case Where PRPs Voluntarily Cleaned Up Contaminated Soil and Groundwater Site," 17 Environmental Liability, Enforcement & Penalties Reporter 348 (July 2007).

"Cetacean Community v. Bush: The False Hope of Animal Rights Lingers On," 12 Hastings West Northwest J. of Envtl. L. & Pol'y 185 (2006).