honors + affiliations
Member, American Bar Association
Member, Pennsylvania Bar Association
Member, Philadelphia Bar Association
Member, Delaware Valley Environmental Inn of Court
Editor, University of Pennsylvania Law Review
1701 Market St.
Philadelphia, PA 19103-2921
United States of America
Jeffrey N. Hurwitz is of counsel in Morgan Lewis's Litigation Practice. His practice focuses on environmental matters relating to clean air regulation, clean water issues, chemical and pesticide regulation, Superfund, storage tanks, hazardous and solid waste issues, and environmental audits. Mr. Hurwitz's practice includes the defense of EPA and state environmental civil and criminal enforcement actions, along with complex regulatory analysis and advice on environmental matters in corporate transactions. He also represents clients before EPA's Office of Chemical Safety and Pollution Prevention on matters pertaining to chemical and pesticide regulation, and in particular, the premanufacture notice process under the Toxic Substances Control Act.
Mr. Hurwitz represents numerous clients in clean air matters, including state and federal enforcement actions, compliance counseling, corporate transactions, New Source Review and Title V permitting. Mr. Hurwitz has counseled Pennsylvania and other utilities on NOx issues and related developments at the Northeast Ozone Transport Commission. In addition, Mr. Hurwitz provided clean air counseling to a major generator of electricity in its purchase of a large power plant facility, and represented a major electronics manufacturer in the first and largest emission offset trade under Pennsylvania's current emission reductions banking and trading program. Mr. Hurwitz has also represented clients targeted under EPA's New Source Review and hazardous air pollutant enforcement initiatives. Mr. Hurwitz represented two major oil companies in a successful federal appellate court challenge to EPA's interpretation of a New Source Performance Standard. As a member of the Environmental Law Committee of the Philadelphia Bar Association, Mr Hurwitz has served on the Clean Air Act Subcommittee. He also helped to develop comments on Pennsylvania's Air Pollution Control Act of 1992.
Mr. Hurwitz also represented E.I. du Pont de Nemours and Company in its defense of a complex post-acquisition indemnification lawsuit asserted by INVISTA, a wholly-owned subsidiary of Koch Industries in the U.S. District Court for the Southern District of New York. The lawsuit sought more than $800 million of damages concerning more than 60 environmental, health and safety and commercial indemnity claims at numerous former DuPont facilities, stemming from DuPont’s divestiture in 2004 of its worldwide nylon and nylon intermediates business. Mr. Hurwitz provided critical litigation support to the DuPont defense team on the highly complex clean air New Source Review, hazardous air pollutant, and flare regulatory claims brought by INVISTA, among other environmental claims. The lawsuit was tried in June 2012. After three weeks of trial, the parties resolved the lawsuit on mutually agreeable terms.
In the chemical regulatory area, Mr. Hurwitz advises clients with respect to numerous issues under the Toxic Substances Control Act (TSCA), including those pertaining to the premanufacture notice process, import/export, substantial risk information reporting and exemptions from TSCA regulatory requirements. Mr. Hurwitz assists clients in complex voluntary disclosures under EPA's audit policy involving chemical regulatory issues arising under TSCA, the Emergency Planning and Community Right-to-Know Act and federal pesticide laws, among other statutes. He also advises clients on issues pertaining to pesticidal claims in advertising, adverse incident reports and related areas of pesticide regulation. In addition, Mr. Hurwitz advises on product stewardship issues.
Mr. Hurwitz has represented a number of clients in the defense of civil and criminal enforcement actions brought under the Clean Water Act's pretreatment program governing the discharge of industrial wastes to publicly owned treatment works. He also counsels clients on general pretreatment and Clean Water Act regulatory issues.
A lecturer on a variety of environmental topics, Mr. Hurwitz has made presentations on clean air, solid waste and regulatory developments before the Pennsylvania Chamber of Business and Industry and other many other organizations.
Mr. Hurwitz is admitted to practice in Pennsylvania.
- University of Pennsylvania Law School, 1987, J.D.
- University of Pennsylvania, 1983, D.M.D.
- State University of New York at Albany, 1978, B.S.