Education
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New York Law School, J.D., 1990
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Manhattan College, M.E., 1986
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Manhattan College, B.E., magna cum laude in Civil Engineering, 1986
Bar Admissions
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District of Columbia
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New Jersey
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New York
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West Virginia
Court Admissions
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U.S. Supreme Court
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U.S. Courts of Appeals for the 1st, 2nd, 3rd and Federal Circuits
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U.S. Court of Federal Claims
Awards and Honors
- Super Lawyer, Super Lawyers Business Edition magazine (2011)
- Super Lawyer, New Jersey Super Lawyers magazine (2006-2010)
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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 represents clients on products liability, toxic tort 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 serves as a Trustee of Essex County Volunteer Lawyers for Justice, and his charitable endeavors include New Jersey Battered Women’s Service, Inc., Habitat for Humanity, Lawyers Asylum Program and The Heifer Society. He is a District of New Jersey federal mediator and a New Jersey Supreme Court Civil Mediation Program state mediator.
Representative Matters
Litigation
- Served as common counsel and represented 17 companies in CERCLA cost recovery and contribution litigation with the United States for a major Texas Superfund site. Representation led to assignment of a major share of responsibility to the United States for cleanup costs and natural resource damages. Worked with EPA and federal and state natural resource trustees on selection of remedial investigations and actions, which were integrated with natural resource damage assessment and restoration projects.
- Served as lead trial counsel in successful declaratory judgment suit on behalf of manufacturing company in District of New Jersey against current property owner for contractual indemnity for all potential liability and costs, including natural resource damages associated with EPA and the New Jersey Department of Environmental Protection (NJDEP) Passaic River initiatives. Argued successfully in the Third Circuit which affirmed trial court decision.
- Brought successful suit in District of New Jersey against the United States for cost recovery for historic contamination from United States wartime production of munitions dating from WWII and the Korean War. Negotiated settlement on eve of trial requiring the United States to pay over half of past and future response costs. Also negotiated administrative consent orders with NJDEP covering ordnance cleanup.
- Represented major liability insurer in a CERCLA cost recovery and contribution action in Central District of California against the United States for cleanup costs associated with perchlorate, TCE, military ordnance and other contamination at a former ordnance and rocket manufacturing facility in California. Cleanup costs at the site are projected at around $300 million.
- Represents automobile manufacturer in CERCLA and Spill Act cost recovery and contribution action initiated in District of New Jersey for costs associated with multi-site removal and remediation of contaminated concrete.
- Serves as lead defense counsel for the WTC Captive Insurance Company, a not-for-profit corporation formed by the City of New York to provide insurance coverage for the city and more than 150 contractors in multi-district litigation in the Southern District of New York arising from response actions taken at the World Trade Center after the 9/11 terrorist attacks.
- Trial counsel for private company and individual in successful RCRA citizen suit against the Commissioner of NJDEP, where the District Court found the Commissioner liable. NJDEP subsequently settled with the clients and released them from any further cleanup responsibility. Also succeeded at trial in obtaining liability ruling under RCRA and CERCLA against the United States.
- Represented automobile manufacturer in CERCLA contribution action in District of New Jersey against United States for 16 former defense plant facilities located in several states. Procured multi-million dollar settlements.
- Defended chemical manufacturing company in cost recovery/natural resource damages suit brought by NJDEP in New Jersey State Court.
- Represented oil company in successful settlement of $13.5 million CERCLA cost recovery action brought by the United States for the Fairmont Coke Superfund Site in West Virginia for payment of $1.5 million. Negotiated separate consent decrees with the United States and the State, including settlement with the State for NRD claims associated with the Monongahela River.
- Obtained ruling from U.S. Court of Appeals for Federal Circuit for major chemical manufacturer 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 ordnance plant in West Virginia.
- Obtained settlement after litigation in U.S. Court of Federal Claims from United States for indemnification and reimbursement of 100 percent of attorneys’ fees incurred by small arms manufacturer attributable to construction and operation of WWII ordnance facility in Salt Lake City, Utah.
- Defended real estate investment trust in multi-district litigation in the Southern District of New York, involving claims for contamination of public water supply wells with the gasoline additive MTBE.
- Represented chemical manufacturing and oil company in multi-site CERCLA action against the United States in District of New Jersey and before Third Circuit three judge and en banc panels in appeal of District Court’s order denying companies’ right to seek cost recovery from United States for 14 contaminated sites in eight states. Filed petition for certiori to Supreme Court, which was granted, but the Court elected to proceed with a concurrently filed petition addressing the same issues. Case settled for over $50 million after Supreme Court decision in Atlantic Research v. United States.
- Represents major electronics manufacturer in contract action against United States in U.S. Court of Federal Claims for defense costs and indemnification for cleanup costs arising from operations of former nuclear fuel cell manufacturing facility in Massachusetts, which was utilized by the Atomic Energy Commission, the U.S. Navy and various national laboratories.
- Submitted amicus briefs to the U.S. Supreme Court in Cooper Industries, Inc. v. Aviall Services, Inc. and Atlantic Research v. United States on behalf of private companies.
- Represented a New Jersey Township in a successful RCRA citizens suit against the State for cleanup of a large former state hospital complex. Negotiated a settlement where the State transferred ownership of the facility to the Township, which required approval of the state legislature and the Governor.
- Represented an Estate in a trademark and copyright infringement litigation in the Southern District of New York.
Enforcement and Administrative Proceedings
- Represents chemical manufacturer regarding Superfund/FUSRAP (Formerly Utilized Sites Remedial Action Program) site in New Jersey where thorium had been produced. Retained to enforce a Cooperative Agreement between the company and the U.S. Department of Energy (DOE). Negotiated settlement with the United States for the FUSRAP radiological cleanup, with total estimated costs in excess of $500 million. Also represents the company in a parallel Superfund cleanup of chemical contaminants, as well as NRC licensing and decommissioning proceedings.
- Represented automobile manufacturer in civil and criminal proceedings associated with the decommissioning and demolition of automotive assembly plant in New Jersey, where the state alleged the company violated numerous provisions of the NJ Solid Waste and Spill Acts at multiple sites. Negotiated administrative consent order with NJDEP settling company’s liability to the state.
- Represent shipyard client in civil and criminal proceedings for alleged violations of NJ Solid Waste Act disposal arising from improper disposal of blasting grit on numerous properties in NJ. Also represent company in connection with landowner damages claims.
- Represented chemical manufacturing company in federal and state administrative proceedings related to the Passaic River in New Jersey, involving CERCLA and NJ Spill Act cleanup and natural resource damages claims.
- Represented major oil company in enforcement proceedings by USEPA for the Del Amo Superfund site in Los Angeles, California. Also represented the company on claims against the United States for contamination attributable to former WWII synthetic rubber plant owned and operated by the United States at the site.
- Successfully defended major oil company in Puerto Rico in numerous matters, including a $75 million penalty assessed for UST violations. Filed a Section 1983 civil rights action 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. The matter included preliminary injunction hearings, appeals to the U.S. Court of Appeals for the First Circuit and the Puerto Rican Supreme Court, as well as hearings in the Puerto Rican Senate.
- Represented major airline in successfully obtaining contractual defense and indemnification from current property owner for environmental claims associated with Newark Bay Study Area.
- Represented major manufacturing company in negotiations with 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 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. Negotiated a remedial action work plan and liability buyout proposal with NJDEP, which included a bankruptcy court-approved natural resource damages settlement.
- Represented national hazardous waste disposal company in negotiations with NJDEP concerning siting a solid and hazardous waste rail transfer facility in New Jersey and settlement of alleged A-901 violations.
- Represent 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 United States Supreme Court decision in Kelo v. New London.
- Represented power company in obtaining Title V and PSD permit for proposed gas turbine power plant in NJ. Negotiated carbon monoxide emissions offset trade required for air permits with major airline.
Pro Bono Litigation
- Lead pro bono trial counsel for public interest groups and individual plaintiffs in New Jersey Superior Court action asserting constitutional and statutory challenges to State’s use of paperless direct recording electronic voting machines. Case involved a lengthy trial and appeals to the NJ Appellate Division and Supreme Court.
Transactions
- Represented chemical manufacturer in connection with Chapter 11 proceedings for third-party liability buy-out of liability for former facility heavily contaminated with PCBs. Identified requirements for the buy-out, assisted on contractor selection, drafted and negotiated the liability buy-out contract with the contractor and a settlement agreement with the State, which included settlement of natural resource damages, and negotiated the insurance policy as financial assurance for the buy-out
- Represented chemical manufacturer in Chapter 11 proceedings regarding portfolio sale of multiple contaminated facilities to third party. Identified requirements for the buy-out, assisted in contractor selection, drafting and negotiating the liability buy-out contract with the contractor and a settlement agreement with the State, which included settlement of natural resource damages, and negotiating the insurance policy as financial assurance for the buy-out.
- Conducted due diligence and transactional work on numerous financings, mergers and acquisitions and real estate matters.
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 as a state court mediator in NRD action asserted by NJDEP.
- Served on AAA panels of arbitrators 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 hundreds 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
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