Shane A Farolino

Practice Areas

Corporate Compliance, Environmental Law, Emergency Response & Crisis Management, Energy, Utilities, Oil & Gas, Environmental Litigation, Liability Defense, Government Relations

Professional Memberships

-Akron Bar Association, Real Property and Environmental Law Committee

-Ohio State Bar Association, Environmental Law Committee

-Ohio Oil and Gas Association, Environmental Committee

-National Association of Industrial and Office Properties, Chair, Environmental Committee

Experience

Shane focuses his practice on environmental compliance counseling, permitting, and administrative, civil, and criminal litigation. He has extensive experience in handling Clean Water Act permitting matters, Clean Air Act permitting projects, emergency response and crisis management events, the defense of environmental enforcement actions, and toxic tort litigation matters. His clients have included major petroleum companies, manufacturing companies, mining companies, commercial developers, and government entities. Before entering private practice, he served as an Assistant Attorney General in the Environmental Enforcement Section of the Ohio Attorney General's Office.

Work Highlights

-Represented a major roofing materials manufacturer in connection with the defense of a PSD enforcement action brought by the Ohio EPA

-Represented a large aggregate and industrial minerals mining company in an air permitting enforcement action initiated by the Ohio EPA

-Represented a large foundry client in connection with the resolution of numerous alleged air permitting violations for which it was cited by the Ohio EPA

-Represented a major landfill client with respect to the permitting of a large expansion to its landfill in a manner that avoided major source permitting under the Clean Air Act

-Represented a major petroleum company in connection with the permitting and construction of a 149-mile petroleum products pipeline in Ohio

-Represented a major petroleum company with respect to the right-of-way acquisition and permitting of a 49-mile Utica Shale condensate pipeline in Ohio

-Represented a major refining client in connection with an emergency response effort that was undertaken as a result of an explosion at one of its Ohio facilities

-Participated in the successful defense of a lawsuit challenging a Section 404 Clean Water Act permit issued by the U.S. Army Corps of Engineers

-Successfully defended a major Ohio manufacturing company in a significant air permitting enforcement action initiated by the Ohio EPA

-Obtained Clean Water Act permits for several large residential and commercial development projects in Ohio

-Successfully defended a sand and gravel mining company in a common law toxic tort lawsuit brought by a group of adjacent landowners

-Represented a national petroleum distribution / truck stop owner and operator in connection with the resolution of a state-wide enforcement action involving 25 facilities; representation resulted in a very favorable settlement and an avoidance of permitting requirements at the facilities

-Represented a major chemical distribution company with respect to the defense of an environmental citizen suit that was threatened by an adjacent property owner; representation resulted in a comprehensive settlement of the threatened action and the successful remediation of the adjacent site under the Ohio Voluntary Action Program, Ohio’s brownfield redevelopment program

-Represented a major metal finishing company in connection with the remediation of a large manufacturing facility under the Ohio Voluntary Action Program

-Represented an international mining company with respect to the remediation of a former chromium smelter site under CERCLA; representation involved successful ARAR and risk assessment negotiations, as well as negotiations concerning the ability to conduct the cleanup pursuant to US EPA’s Area of Contamination Policy

-Represented a national battery manufacturer in connection with the completion of a compliance audit at its main manufacturing facility; representation included the successful use of the Ohio Audit Privilege and Immunity Law in order to avoid otherwise applicable fines and penalties

-Represented a local health food store owner and operator with respect to the construction of a new store on a brownfield property in Ohio; representation included due diligence and oversight in connection with the construction and installation of a sub-slab depressurization system at the site to mitigate indoor air issues

-Represented a large utility company in connection with the acquisition of a natural gas pipeline gathering system in Ohio; representation included resolution of outstanding compliance issues stemming from the operation of the system by the previous owner

-Represented a major food products manufacturer with respect to the expansion of its manufacturing headquarters in Ohio; representation included obtaining Clean Water Act permits from the U.S. Army Corps of Engineers and the Ohio EPA

-Represented a major submersible pump manufacturer with respect to the resolution of various air permitting issues at its Ohio manufacturing facility; representation involved the successful use of the Ohio Audit Privilege and Immunity Law in order to avoid otherwise applicable fines and penalties

Awards

Education