John J. McAleese, III

Partner

John J. McAleese, III is a partner in Morgan Lewis's Litigation Practice. Mr. McAleese's practice is concentrated on environmental matters. His background includes:

• Representing corporate clients in civil and administrative environmental litigation such as cost recovery actions under CERCLA (Superfund) and analogous state statutes, enforcement actions by federal and state environmental agencies, permit appeals, and toxic torts relating to environmental contamination.


• Advising clients on environmental issues that arise in business transactions involving real estate.


• Counseling clients on compliance with federal, state, and local environmental laws and regulations.


• Representing clients in negotiations with environmental regulatory agencies such as the U.S. Environmental Protection Agency.


• Counseling clients on issues regarding insurance coverage for environmental risks.

Prior to attending law school, Mr. McAleese was a practicing chemical engineer, focusing on process control.

Some of Mr. McAleese's significant previous and current representations include:

• Representing clients in defense of class and mass actions for property damage and medical monitoring associated with alleged groundwater contamination.


• Representing international aerospace company in contractual indemnification claim against brownfield developer.


• Advised a leading international tool manufacturer on environmental issues associated with acquisition of a drill bit manufacturing company.


• Represented a leading boxboard manufacturer in a lawsuit brought by a Philadelphia-area township seeking an injunction against the client to cease and desist from making excessive noise and releasing soot from client's boxboard manufacturing facility. The township alleged that the client emitted noises above the township's standards and that two separate and distinct sooting events by the client required an injunction. Negotiated a favorable settlement with the township.


• Counseled a leading petroleum refiner and marketer in acquisition of a petroleum refinery in the State of New Jersey.


• Represented an international specialty chemical manufacturer in the acquisition of a chromium ore processing plant in North Carolina.


• Represented a leading specialty chemical manufacturer in an action brought by an insurance company seeking reimbursement of costs expended in cleaning up lead powder that had been scattered throughout a Virginia neighborhood when a tractor-trailer carrying the lead powder owned by the client overturned. Negotiated a favorable settlement through mediation.


• Advised a leading energy company on environmental issues associated with acquisition of a nuclear power generating facility in New Jersey.


• Represented a chemical manufacturer in action seeking reimbursement of costs allegedly incurred and to be incurred by plaintiff in connection with the Commodore Semiconductor Group Superfund Site in Norristown, Pennsylvania. Obtained a favorable settlement for the client three days before trial.


• Advised a leading food service company on environmental issues associated with divestiture of an industrial cleaning products business.


• Represented a private equity fund in the acquisition of a leading transporter of chemical products.


• Represented an international specialty chemical manufacturer in an enforcement action brought by the State of New Hampshire alleging various violations of the State's hazardous waste management laws and regulations. After a three-day trial, the court completely dismissed the State's claims.


• Counsels a publicly traded real estate investment trust on environmental issues associated with nationwide acquisition of properties.


• Represented an international fast food company in an air permit appeal brought by neighbors to a property owned by the client in West Philadelphia. After the appeal was sustained by both the Philadelphia Board of License and Inspection Review and the Court of Common Pleas, the Pennsylvania Commonwealth Court reversed the Court of Common Pleas and upheld the permit issuance, thereby allowing client to proceed with the remediation of its property.


• Represented a manufacturing client in an appeal of a National Pollutant Discharge Elimination System Permit issued by the Pennsylvania Department of Environmental Resources (now the Pennsylvania Department of Environmental Protection) for discharges of acid mine drainage from the client's storm drains to Elk Creek. The acid mine drainage was coming onto the client's property from upgradient, abandoned mines. After one day of trial, the Pennsylvania Department of Environmental Resources withdrew the permit.


• Represented a leading international entertainment company in an action brought by the United States Environmental Protection Agency seeking cost recovery in connection with the Palmerton Zinc Pile Superfund Site in Palmerton, Pennsylvania. Negotiated a settlement of the matter prior to trial.


• Represented a third-party defendant in the defense of a lawsuit filed in the federal District Court for the District of New Jersey pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act seeking the costs plaintiff incurred in remediating groundwater contamination as part of its obligations under the New Jersey Environmental Cleanup Responsibility Act (now called the Industrial Site Remediation Act). Obtained voluntary dismissal for client during mediation.


• Represented a client in lawsuit filed in the federal District Court for the Eastern District of Pennsylvania seeking reimbursement pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of cleanup and other costs it allegedly incurred and would incurred at a foundry formerly owned and operated by the client. Negotiated a favorable settlement before trial.