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Caleb J. Holmes focuses his practice on environmental and commercial litigation. He has a wide range of experience in environmental transaction and regulatory counseling matters.

Caleb represents businesses in state and federal courts in environmental and commercial litigation matters. He advises and represents industrial and state clients on environmental issues arising in permitting, compliance activities, as well as business and real estate transactions generally. Caleb represents natural gas exploration and production companies and midstream providers in connection with the development of the Marcellus Shale and other natural gas resources.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Oil and gas development

The ongoing battle over Supplemental Environmental Projects (SEPs) – environmentally-beneficial, beyond-compliance projects that defendants agree to undertake for potential penalty mitigation in settlement of environmental enforcement actions – heated up
Continue Reading New Lawsuit Challenges DOJ Policy Prohibiting SEPs

In ASARCO v. Atlantic Richfield, No. 18-35934 (9th Cir. Sept. 14, 2020), ASARCO entered into a consent decree under which ASARCO agreed to pay $111.4 million. ASARCO then sought
Continue Reading Ninth Circuit, in Narrow Holding, Limits Amount Recoverable in CERCLA Contribution Claim to Response Costs Already Incurred

The Department of Justice, in the last year, has altered its guidance related to supplemental environmental projects (SEPs), first prohibiting their use in settlements with state and local governments,
Continue Reading DOJ’s Attack on ‘Supplemental Environmental Projects’ Extends to Citizen Plaintiffs

SEPs, which permit a defendant to undertake an environmentally beneficial project in lieu of paying penalties—or in exchange for reduced penalties—have been seen as benefiting defendants, enforcement agencies and communities
Continue Reading Is There Still a Place for Supplemental Environmental Projects in Pennsylvania?

On August 21, 2019, the Justice Department issued a memorandum—Using Supplemental Environmental Projects (“SEPs”) in Settlements with State and Local Governments—which curtails the use of supplemental environmental projects (SEPs) in
Continue Reading Supplemental Environmental Projects: How Will New Federal Policy Affect Use of SEPs and CEPs in Pennsylvania?