Education
-
New York Law School, J.D., 1990
-
Manhattan College, M.E., 1986
-
Manhattan College, B.E., magna cum laude in Civil Engineering, 1986
Bar Admissions
-
District of Columbia
-
New Jersey
-
New York
-
West Virginia
Court Admissions
-
U.S. Supreme Court
-
U.S. Court of Appeals for the 2nd Circuit
-
U.S. Court of Appeals for the 3rd Circuit
-
U.S. Court of Federal Claims
|
|
| |
John McGahren is the Managing Partner of the New Jersey office of Patton Boggs. Mr. McGahren handles a wide variety of environmental litigation, enforcement, and compliance matters, ranging from hazardous waste litigation to counseling industrial clients on federal and state regulatory matters. He also assists clients on issues involving alternative dispute resolution and government contract claims.
Before his arrival at Patton Boggs, Mr. McGahren was a partner in a large international law firm and the local chair of the environmental department. He was also a licensed professional engineer in the U.S. Environmental Protection Agency (EPA) Region II Superfund program, where he worked on sites in New York, New Jersey, and Puerto Rico.
Mr. McGahren’s charitable endeavors include New Jersey Battered Women’s Service, Inc., Habitat for Humanity, Lawyers Asylum Program, The Heifer Society, District of New Jersey Federal Mediator, and New Jersey Supreme Court Civil Mediation Program State Mediator.
Representative Matters:
Environmental Litigation
- Represented 17 companies in CERCLA cost recovery and contribution litigation with the United States for a major Texas Superfund site. His representation led to assignment of a major share of responsibility to the United States for cleanup costs and natural resource damages, as well as a cleanup remedy and natural resource restoration project that was both less expensive and more complete.
- Represents numerous companies in CERCLA contribution actions against the United States for recovery of environmental costs attributable to war production at current and formerly owned facilities throughout the country.
- Serves as lead defense counsel for the City of New York and over 150 contractors in multi-district litigation venued in the Southern District of New York, arising from response actions taken at the World Trade Center after the 9/11 terrorist attacks. The defense is funded by a not-for-profit insurance corporation operating on a $1 billion grant from FEMA.
- Defends a company in multi-district litigation venued in the Southern District of New York, involving claims for contamination of water supply wells with the gasoline additive MTBE.
- Submitted an amicus brief to the U.S. Supreme Court in Cooper Industries, Inc. v. Aviall Services, Inc. on behalf of numerous companies.
Enforcement and Administrative Proceedings
- Represented a chemical manufacturer regarding a Superfund/FUSRAP site in New Jersey where thorium had been produced. Mr. McGahren was retained to enforce a Cooperative Agreement between the company and the U.S. Department of Energy (DOE). He negotiated a settlement with the United States for the FUSRAP radiological cleanup, with total estimated costs in excess of $500 million. He also represents the company in a parallel Superfund cleanup of chemical contaminants, as well as NRC licensing and decommissioning issues.
- Successfully defended an oil company in Puerto Rico in numerous matters, including a $75 million penalty assessed for UST violations. Mr. McGahren filed a Section 1983 civil rights action in federal court against the Puerto Rico Environmental Quality Board on grounds of actual and structural bias in the penalty proceeding and obtained a permanent injunction barring any penalty whatsoever.
- Represents a major automobile manufacturer in civil and criminal proceedings associated with the decommissioning and demolition of a large automobile manufacturing facility in New Jersey, where the State has alleged the company violated numerous provisions of the NJ Solid Waste and Spill Acts.
- Represented a major manufacturing company in negotiations with the New Jersey Department of Environmental Protection (NJDEP) on an administrative consent order to address an urban waterway contaminated with TCE, as well as Spill Fund and natural resource damages claims.
- Represented a chemical manufacturer in a Toxic Substances Control Act (TSCA) PCB Mega Rule petition for a risk-based cleanup of one of its former facilities in New Jersey - the second PCB Mega Rule petition ever approved by EPA Region II. Also negotiated a remedial action work plan and liability buyout proposal with NJDEP, which included a bankruptcy court-approved natural resource damages settlement.
- Represents a company in federal and state administrative proceedings and litigation related to the Passaic River in New Jersey, involving CERCLA and NJ Spill Act cleanup and natural resource damages claims.
- Negotiated a consent decree to resolve a $13.5 million EPA past cost claim against his client down to $1.5 million in connection with its cleanup plan for a West Virginia site.
- Represent a waste disposal company in siting a solid and hazardous waste rail transfer facility in New Jersey.
- Represents a chemical company in municipal hearings concerning a manufacturing plant in New Jersey, where a municipality is seeking to redevelop the property along the lines addressed by the recent United States Supreme Court decision in Kelo v. New London.
Government Contracts
- Obtained ruling from U.S. Court of Appeals for Federal Circuit upholding indemnification from the United States for 100% reimbursement of attorneys’ fees and environmental cleanup costs arising from construction and operation of a World War II (WWII) ordnance plant in West Virginia.
- After litigation in U.S. Court of Federal Claims, obtained settlement from United States for indemnification and reimbursement of 100% of attorneys’ fees incurred by arms manufacturer attributable to construction and operation of WWII ordnance facility in Utah.
Alternative Dispute Resolution
- Acted as federal mediator in trade agreement breach and trademark infringement matter – the first joint mediation of its kind involving mediators appointed by District of New Jersey and the Third Circuit.
- Served on AAA panels of arbitrator and mediators in numerous matters involving construction, commercial, and environmental disputes.
- Certified federal mediator in the District of New Jersey Civil Mediation Program. Served as court-designated mediator in numerous commercial, environmental, and other matters in the mandatory mediation program.
- Served as court-designated mediator in dozens of civil litigation matters in the New Jersey Supreme Court Civil Mediation Program.
Professional Affiliations:
American Arbitration Association (Panel of Arbitrators and Mediators, 1992; Environmental Panel, 1997)
West Virginia Bar Association
U.S. Court of Federal Claims Bar Association
American Society of civil engineers
American Water Works Association
Licensed Professional Engineer, New York, 1989
Certified, OSHA Hazardous Materials Handling, 1986
|
|
|