Elliott, James D.

Counsel
Harrisburg, Pa.
717.791.2012 - office
202.361.8215 - mobile

Education

  • Bucknell University, B.A., 1990
  • Pace University School of Law, J.D., 1996

Admissions

  • West Virginia State Bar
  • District of Columbia Bar
  • Maryland State Bar
  • Pennsylvania State Bar
Mr. Elliott’s primary areas of practice are civil and criminal environmental law with experience in appellate and district litigation, agency rulemaking, compliance counseling, and administrative adjudication with special emphasis on Clean Air Act matters.

Representative Experience

  • Representing coalitions of federal and state oil and natural gas associations in Clean Air Act rulemaking and appellate litigation, including a challenge to EPA’s Subpart OOOO NSPS/NESHAP for the oil and natural gas source sector
  • Representing electric utilities, pulp and paper, chemical manufacturers, and pipeline companies in EPA’s New Source Review enforcement initiatives against these industry sectors
  • Representing electric utilities, chemical manufacturers and meat processors in investigations involving possible criminal enforcement of alleged environmental crimes
  • Representing and counseling of chemical manufacturers on RCRA compliance, including environmental audits and defense of enforcement actions and administrative matters
  • Representing a wide variety of PRPs (from Fortune 500 to trustees) in CERCLA remedial actions as well as in the defense of contribution and cost recovery claims for site cleanup costs
  • Representing corporate witnesses and other subjects of criminal investigations, and assisted in responding to grand jury subpoenas
  • Counseling a variety of interests associated with processing property through West Virginia’s Voluntary Remediation Program
  • Counseling lenders and purchasers regarding environmental issues and due diligence associated with commercial and real estate transactions
  • Representing electric utilities, chemical manufacturers and other industrial companies in a variety of enforcement actions, investigations, rulemakings and other proceedings 
  • Serving as Chair, Citizens Advisory Committee to Executive Council of the Chesapeake Bay Program, working closely with members of the Principal Staff Committee, which is composed of the top environmental regulators in the Bay states, and providing input on matters related to promulgation of  the Chesapeake Bay TMDL
Representative Cases
  • United States v. Westvaco Corp., 144 F.Supp. 2d 439 (D.Md. 2001)
  • Appalachian Power Co. v. EPA, 251 F.3d 1026 (D.C. Cir. 2001)
  • Appalachian Power Co. v. EPA, 249 F.3d 1032 (D.C. Cir. 2001)

Distinctions

  • Recipient of The Henry M. Feldschuh Environmental Law Award, 1996

Publications

  • Author, “Oil and Natural Gas Sector: Compliance Guidance for Subpart OOOO Requirements for Storage Vessels,” white paper prepared for the Independent Petroleum Association of America, 2013
  • Editor-in-Chief, Pace Environmental Law Review, 1995 – 1996 

Presentations

  • Presenter, “Challenges in the Air,” Spilman Environmental Forum, Farmington, Pa., April 2014
  • Speaker, Coal-Based Power Plant Permitting Seminar, March 2006

Community Affiliations

  • Board of Directors, Alliance for the Chesapeake Bay
  • Former Chair, Citizens Advisory Committee to the Executive Council of the Chesapeake Bay Program, 2008-2010
©2014 Spilman Thomas & Battle, PLLC
Michael J. Basile / Responsible Attorney
800.967.8251
Find a Spilman Attorney to meet your needs.