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Peter J. Fontaine

Co-Chair, Energy, Environmental & Public Utilities

Philadelphia
1900 Market Street
Philadelphia, Pennsylvania 19103
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(215) 665-2723
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(800) 523-2900
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(856) 910-5075
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    Peter J. Fontaine

    Peter J. Fontaine is co-chair of the firm's Energy, Environmental & Public Utility Practice Group and the Climate Change practice. He has a national practice in environmental and energy law working with large, medium and small companies to help them manage and resolve their environmental liabilities and exploit new opportunities arising from the convergence of energy and environmental imperatives. Peter joined the firm in 2002 and was the impetus behind Cozen O’Connor’s formation in 2004 of a combined environmental and energy practice. 

    Peter helps a wide range of businesses to assess, manage, and resolve environmental liabilities associated with soil, water and air pollution. He advises consumer product manufacturers in connection with toxic and hazardous substances subject to California's Proposition 65 and similar state and federal laws. He assists Fortune 500 corporations to structure and implement internal environmental compliance programs, including compliance audits, policy development and implementation, and internal investigations. He defends and prosecutes environmental claims in state and federal courts and administrative agencies, including before the Pennsylvania Environmental Hearing Board and the New Jersey Office of Administrative Law.

    Peter leads the firm's brownfield development practice, assisting land owners and developers to identify, manage, and resolve the challenges posed by real or perceived contamination. This includes helping to manage due diligence, negotiate environmental provisions in purchase agreements, procure liability protection from insurers and regulatory agencies, and structure remediation projects. He has advised land owners and developers on some of the most complex brownfield projects, including helping secure closure, remediation and redevelopment of sites in Pennsylvania, New Jersey, New York, Connecticut, Massachusetts and Maryland. 

    Peter also represents companies in the clean energy arena, helping companies in the wind, solar, biogas, and electric vehicle sectors to develop projects and exploit new markets. In 2008, Peter conceived and helped form the Battery Electric Vehicle Coalition which advocates for legislation to level the playing field for electric vehicles. 

    Outside the office, Peter is an active member of the greater-Philadelphia community. He helped secure passage of three open space public questions in 1998, 2005, and 2006, which created stable funding sources for preserving open spaces, farms, historic sites, and recreational areas in Camden County, N.J. He chairs Camden County's Open Space Advisory Committee, which since 1999 has preserved more than 2,000 acres of farmland and open space. He served on Pennsylvania Governor Edward Rendell's transportation transition team.  He is a board member of the New Jersey Conservation Foundation, the state's oldest land conservation organization.

    Peter earned his Bachelor of Arts from the University of New Hampshire in 1986 and his J.D. from George Washington University Law School in 1990.

    Negotiated definitive agreement for the deployment of the world’s largest privately-funded network of electric vehicle charging infrastructure.


    Represented renowned climate scientist Dr. Michael Mann in state-court litigation American Tradition Institute v. University of Virginia and Dr. Michael Mann, Cir. Ct. Prince William Cty. Va, Civ. No. CL 11-3236 (2012) holding that correspondence of public university faculty in furtherance of research may be withheld from disclosure under the Virginia Freedom of Information Act (“FOIA”).


    Represented Unimax Corporation in preventing the U.S. Environmental Protection Agency from adding the Former Macon Naval Ordnance Plant Site to the Superfund National Priorities List. Mr. Fontaine developed and submitted to the administrative record compelling technical arguments demonstrating that mercury contamination in a local stream did not originate from the site formerly owned by Unimax Corp. but was more likely derived from other local sources.


    Represented Fortune 500 company in underground storage tank litigation with the U.S. Environmental Protection Agency (“EPA”) involving alleged failure to conduct monthly release detection monitoring at three retail gasoline locations. Achieved successful administrative settlement at a fraction of initial estimated penalty liability based upon technical arguments and supporting evidence demonstrating that monthly monitoring was conducted despite absence of complete records.


    Represented Fortune 500 company in complete revamping of corporate environmental compliance program for facilities located throughout North America. Developed recommended principles of environmental compliance program, drafted corporate environmental policies, and structured environmental auditing program and protocols.


    Represented a petroleum refiner in the negotiation of a Hurricane Sandy emergency administrative order and consent agreement with U.S. Environmental Protection Agency (“EPA”) and state/local permitting agency allowing for temporary suspension of Clean Air Act Title V permit limits on Fluid Catalytic Cracking Units to allow for increased refinery production to respond to Northeastern United States petroleum supply shortage.


    Represented a biofuel refiner in waiver petition filed with the EPA demonstrating pursuant Clean Air Act §211(f) that a biofuel-gasoline blend is “substantially similar” to a prior EPA waiver and therefore does not cause or contribute to a failure of any vehicle emission control device or system.


    Represented a biofuel refiner in registration of a biofuel additive with the EPA pursuant Clean Air Act §211(b). Mr. Fontaine worked with health effects consultants in developing Tier 1 and Tier 2 information on combustion, evaporative emissions, and toxicity in support of registration.


    Represented a leading technology company in the negotiation of the definitive agreement to deploy the largest privately-funded network of electric vehicle charging infrastructure in the world to date.


    Represented Fortune 500 company in underground storage tank litigation with the EPA involving alleged failure to conduct monthly release detection monitoring at three retail gasoline locations. Negotiated successful settlement penalty liability based upon technical arguments and supporting evidence demonstrating that monthly monitoring was conducted despite absence of complete records.


    Blogs

    News


    Peter Fontaine's article on Marcellus Shale published on PennLive

    August 30, 2011

    Peter Fontaine's article on Marcellus Shale published on PennLive

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    Cozen O’Connor Launches Public Strategies LLC - New Entity Offers Enhanced Government Relations Assistance in Public Policy Advocacy, Regulatory Compliance and Contract Procurement

    September 22, 2009

    Cozen O’Connor Launches Public Strategies LLC - New Entity Offers Enhanced Government Relations Assistance in Public Policy Advocacy, Regulatory Compliance and Contract Procurement

    MORE


    Cozen O’Connor Attorneys Speak At DELVACCA Climate Change Seminar

    February 10, 2009

    Cozen O’Connor Attorneys Speak At DELVACCA Climate Change Seminar

    MORE


    Cozen O’Connor to Present Climate Change Seminar

    April 22, 2008

    Cozen O’Connor to Present Climate Change Seminar

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    Publications


    EPA Issues Final Emissions Standards for Oil & Natural Gas Sector [Energy, Environmental and Utilities Alert]

    May 04, 2012

    EPA Issues Final Emissions Standards for Oil & Natural Gas Sector - Energy, Environmental and Utilities Alert - On April 17, 2012, the U.S. Environmental Protection Agency (EPA) finalized performance and emissions standards for emissions from hydraulically fractured natural gas wells and
    other source categories in the oil and natural gas sector. Specifically, the rule revises New Source Performance Standards (NSPS) under 40 C.F.R. part 60, subparts KKK, LLL and new OOOO as well as National Emissions Standards for azardous Air Pollutants (NESHAP) under 40 C.F.R. part
    63, subparts HH and HHH.

    MORE


    The Business of Climate Change [PowerPoint Presentation]

    November 12, 2008

    The Business of Climate Change - PowerPoint Presentation - Obama Energy/Climate Plan

    Recent Energy Tax Credit Legislation

    New Jersey Energy/Climate Plan

    Regional Greenhouse Gas Initiative

    MORE


    Shortening The Path To Energy Independence: A Policy Agenda To Commercialize Battery-Electric Vehicles [Electricity Journal]

    August 01, 2008

    Shortening The Path To Energy Independence: A Policy Agenda To Commercialize Battery-Electric Vehicles - Electricity Journal - Battery electric vehicles (“BEVs”)—highway vehicles primarily powered by electricity stored in a battery—present the best near term solution to reduce America’s dependence on petroleum and to curb carbon dioxide (“CO2”) emissions, the primary pollutant contributing to climate change. Our nation’s almost total dependence
    on petroleum to power our cars and trucks is dragging down our economy, entangling our military in foreign conflicts, and saddling our children with an ecological disaster.

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    The Business of Global Warming: Managing the Risks and Opportunities of Climate Change [Cozen O'Connor Whitepaper]

    January 02, 2008

    The Business of Global Warming: Managing the Risks and Opportunities of Climate Change - Cozen O'Connor Whitepaper - The majority of scientists believe that we are altering the earth’s “carbon balance,” launching mankind on a harmful collision course with nature. If this view is correct, climate change will be the defining risk management issue of our lifetimes, quite possibly exceeding terrorism, population expansion, and the end
    of oil as the greatest cause of casualty and human suffering in the 21st century.

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    Events & Seminars

    LEA 82nd Spring Meeting & Educational Conference Philadelphia, PA 06/05/2013
    DVGBC PA / NJ Sustainability Symposium 2013 Philadelphia, PA 03/12/2013
    An Inside Look at the Michael Mann Case Webinar 10/22/2012
    "Feasibility and Challenges of Using Acid Mine Drainage for Marcellus Shale Natural Gas Extraction Activities" Pittsburgh, Pennsylvania 12/14/2011
    U.S.-Israel Clean Tech Conference Philadelphia, PA 11/09/2010
    The Future of Energy: Consumption, Clean Options & Cost Containment. Philadelphia, PA 06/10/2010
    The World Trade Center of Greater Philadelphia presents its 7th Annual Global Business Conference “Preparing for the Rebound: Strategies for Success in Global Markets” Philadelphia, PA 02/03/2010
    RETHINKING PHILADELPHIA: Metro Nation
    Presented by the Greater Philadelphia Chamber of Commerce and the Philadelphia Daily News
    Philadelphia, PA 04/28/2009
    DELVACCA Presents: A Practical Primer on Climate Change - The Business of Climate Change Philadelphia, PA 02/10/2009
    The Risks and Opportunities of Climate Change Philadelphia, PA 06/17/2008

    Practice Areas

    Energy, Environmental & Public Utilities

    Brownfields Development

    Government & Regulatory

    China Practice

    Industry Sectors

    Energy & Utilities

    Marcellus Shale

    Renewable Energy

    Education

    • George Washington University Law School, J.D., 1990
    • University of New Hampshire, B.A., 1986

    Bar Admissions

    • District of Columbia
    • Maine
    • New Jersey
    • New York
    • Pennsylvania

    Court Admissions

    • Pennsylvania Supreme Court
    • Superior Court of New Jersey
    • U.S. Court of Appeals for the District of Columbia Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Federal Claims
    • U.S. District Court -- Eastern District of Pennsylvania
    • U.S. District Court -- New Jersey

    Affiliations

    • American Bar Association
    • New Jersey State Bar Association
    • Pennsylvania Bar Association
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