Kevin J. Garber

Area of Emphasis

Kevin Garber is a shareholder in the Environmental and Energy and Natural Resources groups of Babst Calland, practicing out of the firm’s Pittsburgh and State College offices. Mr. Garber concentrates much of his practice in the areas of natural resources law and water law. He represents mining and oil and gas companies in the conventional and unconventional industries on a broad range of environmental issues including permitting, water supply and treatment, and resource development. Mr. Garber has extensive environmental litigation experience representing clients before the Environmental Hearing Board in Pennsylvania and in trial and appellate courts. In administrative proceedings, he has represented clients challenging permits, contesting civil penalties and compliance orders, and defending against challenges brought by citizens’ groups, among other matters. Mr. Garber regularly counsels oil and gas production, midstream, storage and transportation companies on federal, state and local environmental regulations affecting their operations, and handles environmental matters in involving natural resource transactions. He counsels mining clients on a wide range of environmental matters including water and air permits, bonds, and treatment trusts. Mr. Garber also regularly handles NPDES permitting matters and appeals; defends citizens’ suits under the federal Clean Water Act and similar state laws; and represents landowners and others with respect to groundwater protection issues. He leads the firm’s municipal environmental services practice relating to sewage facility planning and permitting, storm water management and similar development issues facing developers, municipalities and municipal authorities. He serves as special environmental counsel to many municipalities, authorities and developers in western Pennsylvania.

Mr. Garber’s practice also covers the cleanup and redevelopment of industrial sites under federal and state hazardous waste and brownfields laws. In Pennsylvania, for example, he regularly counsels clients in the purchase, sale and cleanup of property using Act 2 to address environmental concerns. He also conducts and reviews environmental audits of various types of industrial, commercial, and mining properties for buyers, sellers, lenders and trustees, and negotiates environmental provisions of transactions, contracts and deeds.

In addition, Mr. Garber also practices intellectual property law. He is a registered patent attorney and prosecutes trademark applications before the U.S. Patent and Trademark Office.

Background

Mr. Garber graduated with Distinction from The Pennsylvania State University with a B.S. in Biology in 1978, took his M.S. in Oceanography and Limnology from the University of Wisconsin in 1981, his Ph.D. in Ecology from the University of Pittsburgh in 1983, and his law degree from the Duquesne University School of Law in 1987, where he was a member of the Duquesne University Law Review. Mr. Garber’s graduate and doctoral work researched point and non-point source pollutant loadings to lakes and the development of remedial alternatives.

Memberships and Affiliations

Mr. Garber is admitted to practice in Pennsylvania and various federal courts and before the United States Patent and Trademark Office. He is a member of the Allegheny County, Pennsylvania, and American Bar Associations, and has served on the Council of the Pennsylvania Bar Association’s Environmental, Mineral and Natural Resources Law Section. Mr. Garber is a past Chairman of the Environmental Section of the Allegheny County Bar Association.

Mr. Garber has been ranked among Pennsylvania’s top environmental lawyers in Chambers USA’s America’s Leading Business Lawyers since 2004. He has been listed in The Best Lawyers in America^© in the Environmental Law Section since 2005 and is also listed in the Water Law, Energy Law, Natural Resources Law and Litigation – Environmental sections. Mr. Garber was named the Best Lawyers^® 2014, 2017 and 2020 Energy Law “Lawyer of the Year;” the 2015, 2018 and 2021 Environmental Law “Lawyer of the Year;” and the 2016, 2019 and 2024 Natural Resources Law “Lawyer of the Year” in Pittsburgh, Pa. He was selected to the 2005-2020 and 2023-2024 Pennsylvania Super Lawyers lists (Thomson Reuters) and was named to the 2023 Energy & Environment Power 100 by City & State Pennsylvania.

Mr. Garber is an adjunct professor of law at the Duquesne University School of Law where he teaches courses in environmental law and litigation and is an adjunct faculty member in the Bayer School of Natural and Environmental Sciences at Duquesne University. He serves on the Advisory Committee to the Duquesne University Center for Environmental Research and Education.

Mr. Garber also serves on the boards of directors of the Greater Pittsburgh Chamber of Commerce and the 3 Rivers Wet Weather Demonstration Program, an Allegheny County non-profit entity which is helping to coordinate a regional response to wet weather water quality issues in the County. He is a former board member and past chairman and president of the Board of Directors of the Allegheny Land Trust, and a former board member of the Local Government Academy and the Pennsylvania Environmental Council.

Publications/Presentations

Mr. Garber is a frequent lecturer on environmental law and published articles on environmental law and environmental science in various journals, newsletters and other publications. A recent listing includes the following:

• Course Planner and Speaker, Pennsylvania Environmental Law Forum, Pennsylvania Bar Institute, Harrisburg, Pa., annually in April.
• Presenter, “Environmental Justice Policy Update,” PIOGATech – Air Quality Compliance Technical Seminar, December 6, 2023.
• Co-Author, “Shapiro Administration Appeals Commonwealth Court Invalidation of RGGI,” The PIOGA Press, December 2023.
• Co-Author, “Court Holds Pennsylvania RGGI Rule Unconstitutional,” The PIOGA Press, November 2023.
• Presenter, “The Latest Developments in Environmental Justice,” Pennsylvania Aggregates and Concrete Association’s 41st Annual Meeting, Hershey, Pa., November 2023.
• Co-Presenter, “Hydrogen and Carbon Capture and Storage, the Latest Updates,” Marcellus Shale Coalition’s Shale Insight, Erie, Pa., September 2023.
• Co-Author, “Pennsylvania Supreme Court Vacates the Commonwealth Court 2018 Decision That Had Invalidated ‘Public Resource’ Portions of Chapter 78a Regulations,” The PIOGA Press, June 2023.
• Presenter, “Planners’ Roundtable,” Pennsylvania Bar Institute’s 2023 Environmental Law Forum, March 15, 2023.
• Co-Presenter, “The ‘What’ and ‘Why’ of Oversight & Liability,” Energy Horizons Cross-Sector Collaborative’s Deep Dive Discussion on Legislative Priorities, December 5, 2022.
• Presenter, “The Latest Environmental and Land Use Cases Affecting the Industry,” Pennsylvania Aggregates and Concrete Association’s 40th Annual Meeting, Hershey, Pa., November 2022.
• Panelist and Presenter, “Harnessing Hydrogen,” Washington & Jefferson College Center for Energy Policy and Management Conference, October 2022.
• Co-Presenter, “Hydrogen and Carbon Capture and Storage, the Latest Updates,” Marcellus Shale Coalition’s Shale Insight, Erie, Pa., September 2022.
• Author, “The Commonwealth Court Enjoined the RGGI Regulations; the Action Moves to the Supreme Court,” The PIOGA Press, August 2022.
• Co-Author, “The Supreme Court Narrows EPA’s Authority to Regulate Greenhouse Gas Emissions,” The PIOGA Press, July 2022.
• Presenter, “New Technology and Increasingly Sensitive Environmental Testing,” Appalachian Energy Innovation Collaborative Conference, June 2022.
• Panelist, “The Power of Hydrogen in Our Region,” Pittsburgh Business Times, June 24, 2022.
• Co-Author, “SEC Proposes Stringent Environmental Climate-Related Risk Disclosure Obligations for Public Companies,” POWER Engineers Insight, May 2022.
• Co-Author, “Pennsylvania is One Step Closer to Joining RGGI,” The PIOGA Press, April 2022.
• Co-Presenter, “Latest Legal Developments Affecting the Oil and Gas Industry,” PIOGA Spring Meeting, Pittsburgh, Pa., April 2022.
• Presenter, “H₂, Carbon Capture/Sequestration,” PIOGATech Air Quality Technical Seminar, December 16, 2021.
• Presenter, “The Latest Environmental and Land Use Cases Affecting the Industry,” Pennsylvania Aggregates and Concrete Association’s 39th Annual Meeting, Hershey, Pa., November 2021.
• Co-Author, “Groups Petition for Massive Increases in Oil & Gas Well Bonds,” The PIOGA Press, October 2021.
• Presenter, “Environmental, Social, Governance and Sustainability Initiatives,” EMLF Petrochemical Conference, Pittsburgh, Pa., October 2021.
• Presenter, “Carbon Capture and Storage Legal Framework,” Marcellus Shale Coalition’s Shale Insight, Erie, Pa., September 2021.
• Presenter, “Update on Environmental Issues for Natural Gas Pipelines,” PIOGA Spring Conference, May 2021.
• Panelist, “Environmental Considerations for Our Region,” Pittsburgh Business Times’ Business Insights, April 26, 2021.
• Presenter, “Managing Spills in the Oil and Gas Industry,” PIOGA webinar, April 2021.
• Presenter, “Produced Water Management,” EMLF Oil and Gas Regulatory Institute, February 2021.
• Co-Presenter, “Regional Greenhouse Gas Initiative (RGGI) and Post-Election Updates,” 2020 PIOGATech Air Quality Compliance Training, December 2020.
• Presenter, “Emerging Markets Roundtable: Hydrogen CCS and More,” DUG East and Marcellus-Utica Midstream Conference, Pittsburgh, Pa., December 2020.
• Co-Author, “Implications of the 2020 Election for the Energy Industry,” The PIOGA Press, December 2020.
• Author, “A September Foreshadowing: EQB Adopts RGGI Regulations and the Governor Vetoes HB 2025,“ The PIOGA Press, October 2020.
• Panelist, “Implications of the Growing Climate Change Momentum for the Energy Industry,” EMLF’s 41st Annual Institute & Fall Symposium, October 2020.
• Co-Presenter, “Water and Waste Handling: Studies and Stories,” Marcellus Shale Coalition’s Shale Insight, September 2020.
• Co-Presenter, “Recent Developments in Administrative Law Applied to Environmental Cases,” Pennsylvania Bar Institute’s Environmental Law Forum, July 13, 2020.
• Interviewee, “Political Issues to Watch Affecting the Energy Industry,” Hart Energy, July 2020.
• Co-Author, “Potential Clean Water Act Liability Extends to Discharges to Groundwater That Reach Surface Water,” The PIOGA Press, May 2020.
• Co-Author, “Coronavirus May be Basis to Invoke Force Majeure Provision of Consent Orders and Consent Decrees in Pennsylvania,” The PIOGA Press, April 2020.
• Co-Author, “DEP Unveils Initial Draft of Carbon Dioxide Trading Rule to Air Quality Technical Advisory Committee,” The PIOGA Press, March 2020.
• Co-Author, “New WOTUS Definition Finalized, New Challenges Expected,” The PIOGA Press, February 2020.
• Co-Author, “Lawmakers Introduce the Pennsylvania Carbon Dioxide Cap and Trade Authorization Act,” The PIOGA Press, December 2019.
• Co-Author, “Smarter Produced Water Management Options: Can the Regulatory Landscape Keep Pace?,” ABA SEER Natural Resources & Environment, November 2019.
• Co-Author, “Wolf Administration Announces Plan to Join Northeast Carbon Market,” PA Law Weekly, October 31, 2019.
• Panelist, “Water and Waste Management: New Trends in Water Procurement and Treatment,” Marcellus Shale Coalition’s Shale Insight, October 22, 2019.
• Moderator and Presenter, “Produced Water Management,” Marcellus Shale Coalition, Pittsburgh, Pa., October 2019.
• Co-Author, “EPA’s Draft Study of Produced Water Management in the Oil and Gas Industry,” PA Law Weekly, June 6, 2019.
• Co-Author, “EQB to Consider Cap-and-Trade Petition This Month,” The PIOGA Press, April 2019.
• Presenter, “From Paris to Pittsburgh, Cap and Trade and Climate Change,” PIOGA Spring Conference, April 2019.
• Co-Author, “Smarter Produced Water Management: Can the Regulatory Landscape Keep Pace?,” Natural Resources & Environment Newsletter, American Bar Association, Fall 2019.
• Presenter, “Produced Water Management in the Shale Industry,” Marcellus Shale Coalition’s Shale Insight, Pittsburgh, Pa., October 2018.
• Author, “Environmental Regulations and Litigation” chapter, included in The Law of Oil and Gas in Pennsylvania, published by the Pennsylvania Bar Institute, June 2018.
• Co-Author, “Pennsylvania Environmental Hearing Board Continues Analysis of the Environmental Rights Amendment,” The PIOGA Press, June 2018.
• Co-Author, “Pennsylvania Supreme Court Rejects DEP’s Water-to-Water Theory of Violations under the Clean Streams Law,” The PIOGA Press, May 2018.
• Co-Author, “Legal Issues Impact Appalachian Gas,” The American Oil & Gas Reporter, March 2018.
• Presenter, “The Pennsylvania Environmental Rights Amendment; Implications for All Attorneys,” Pennsylvania Bar Institute CLE program, December 2017.
• Presenter, “Municipal & DEP Issues in Oil & Gas Law,” Pennsylvania Bar Institute CLE program, November 2017.
• Author and Presenter, “Update on RCRA and CERCLA New Developments,” CHWMEG Fall Meeting, Austin, Texas, November 2017.
• Author and Presenter, “Sorting out the Issues on the Environmental Rights Amendment after PEDF,” Annual Meeting of the Pennsylvania Aggregates and Concrete Association, November 2017.
• Moderator, “2017 Environmental Regulatory Updates” panel, Marcellus Shale Coalition’s Shale Insight, Pittsburgh, Pa., September 2017.
• Co-Author, “Federal and State Permitting of Underground Injection wells in Pennsylvania,” The PIOGA Press, August 2017.
• Co-Author, “Supreme Court Reexamines the Environmental Rights Amendment,” The PIOGA Press, July 2017.
• Presenter, “Environmental Enforcement Update,” Pennsylvania Bar Institute Oil and Gas Law Colloquium, June 2017.
• Author, “Environmental Regulations and Litigation,” included in The Law of Oil and Gas in Pennsylvania, professional treatise published by the Pennsylvania Bar Institute, 2017.
• Presenter, “Environmental Enforcement Update,” Pennsylvania Bar Institute Oil and Gas Law Colloquium, June 2017.
• Co-Author, “EPA Bans Unconventional Wastewater Discharges to POTWs,” The PIOGA Press, August 2016.
• Co-Presenter, “Recent Developments in Oil and Natural Gas Wastewater Regulation,” Energy and Mineral Law Foundation’s 37^th Annual Institute, June 12, 2016.
• Co-Author, “Federal Court Invalidates Portions of a Pennsylvania Local Ordinance,” OOGA Bulletin, May 2016.
• Co-Author, “Regulatory Environment Still Evolving,” The American Oil and Gas Reporter, March 2016.
• Co-Author, “2015 Oil and Natural Gas Wastewater Management Update,” The PIOGA Press, December 2015.
• Co-Author, “Court Rulings Favorable to Industry,” The American Oil and Gas Reporter, December 2015.
• Co-Author, “Federal Court Invalidates Portions of a Local Ordinance that Banned the Use of Underground Injection Wells,” The PIOGA Press, November 2015.
• Author and Presenter, “Update on Superfund Arranger Liability and Implications for Recycling,” CHWMEG Fall Meeting, Scottsdale, Ariz., November 2014.
• Author, “Permitting and Environmental Regulation” chapter in The Law of Oil and Gas in Pennsylvania, published by the Pennsylvania Bar Institute, No. 7610, September 2014.
• Author and Presenter, “Conventional Oil and Gas Well Regulation,” Pennsylvania Bar Institute Oil and Gas Law Colloquium, September 2014.
• Author and Presenter, “Update on Superfund Arranger Liability and Implications for Recycling,” CHWMEG Fall Meeting, Scottsdale, AZ, November 2014.
• Author and Presenter, “Hazardous Waste Regulation Update and Implications for Generators,” CHWMEG Fall Meeting, Seattle, Wash., November 2013.
• Course Planner and Presenter, “The Environmental Impacts of Hydraulic Fracturing – Dispelling the Myths,” Pennsylvania Bar Institute, February 2013.
• Author and Presenter, “Hot Topics in Pennsylvania Oil and Gas Law,” Pennsylvania Bar Institute, July 2012.
• Co-Author, “Pennsylvania Department of Conservation and Natural Resources Proposes Revised Guidelines for the Administration of Oil and Gas Operations on State Lands,” The PIOGA Press, April 2012.
• Co-Author, “More Details About Act 13. The New Law’s Environmental and Municipal Regulation Provisions,” The PIOGA Press, March 2012.
• Co-Author, “New Policy to Address Spills and Releases from Oil and Gas Wells and Related Operations,” The PIOGA Press, December 2011.
• Author and Presenter, “Comparing Water Supply Challenges of the Major U.S. Shale Plays Posed by Hydraulic Fracturing,” American Law Institute-American Bar Association Conference, December 2011.
• Presenter, Panelist and Moderator, “New Developments in Marcellus Shale,” Pittsburgh Business Times’ Energy Inc. Conference, September 2009, 2010 and 2011.
• Co-Author and Presenter, “Water Sourcing of Wastewater Disposal for Marcellus Shale Development in Pennsylvania,” Energy and Mineral Law Institute, Volume 32, August 2011.
• Co-Author, “Water Sourcing and Wastewater Disposal,” Duquesne University Business Law Journal, Volume 13, Summer 2011.
• Co-Author and Presenter, “Environmental Issues Affecting Oil and Gas Development,” Pennsylvania Bar Association seminar, March 15, 2011.
• Co-Author, “Pennsylvania Marcellus Shale Play,” Environmental Transactions and Brownfields Committee Newsletter, American Bar Association, Vol. 13 No. 1, January 2011.
• Author, “Pennsylvania Oil and Gas Law,” chapter in Pennsylvania Environmental Law and Practice, published by the Pennsylvania Bar Institute, No. 6045, August 2010 (biannual update in press for 2015).
• Panelist and Presenter, “Marcellus Shale Development,” Centre County Chamber of Business and Industry, June 2010.
• Author and Presenter, “Regulatory Developments Affecting Marcellus Shale Development,” Pennsylvania Environmental Conference Symposium at Duquesne University, May 2010.
• Author and Presenter, “Water Law Update and TMDLs in Pennsylvania,” Pennsylvania Bar Institute Environmental Law Forum, Harrisburg, April 2010.