Steven A. Hann

Environmental and Municipal Litigation

• Steve represents clients in all aspects of environmental and municipal litigation in federal and state court, as well as before administrative tribunals. Environmental and municipal litigation matters handled by Steve include wastewater and water quality issues; permit appeals; TMDL challenges; stormwater-related matters; appeals of municipal wasteload management and sewage facilities planning decisions; land use and zoning disputes; tapping fee challenges; government enforcement proceedings; soil and groundwater contamination suits; storage tank actions; and the prosecution and defense of private party actions under various environmental laws. Steve has also represented various clients in over sixty (60) appeals before Pennsylvania’s Environmental Hearing Board on a broad range of matters.
• Steve represented PMAA in litigation involving EPA’s establishment of the Chesapeake Bay TMDL, the most extensive TMDL ever developed in the United States. He successfully argued PMAA’s position before both the Third Circuit Court of Appeals (American Farm Bureau Federation, et al. v. U.S. Environmental Protection Agency, et al., 792 F.3d 281 (3rd.Cir. 2015)), and the United States District Court for the Middle District of Pennsylvania (American Farm Bureau Federation, et al. v. U.S. Environmental Protection Agency, et al., 984 F. Supp. 2d 289 (M.D. Pa. 2013)).  Steve subsequently filed a brief with the United States Supreme Court opposing a Petition for Certiorari, which Petition the Supreme Court ultimately denied. American Farm Bureau Federation v. E.P.A., 136 S.Ct. 1246 (2016)
• Steve was co-counsel to nearly eighty municipalities/municipal authorities in a challenge to Pennsylvania’s Chesapeake Bay Tributary Strategy. Before an en banc panel of the Pennsylvania Commonwealth Court, Steve successfully opposed a motion filed by the Pennsylvania Department of Environmental Protection to dismiss the municipal entities challenge to the Tributary Strategy. This case has been cited in numerous cases and secondary sources, including law review articles. Borough of Bedford, et al. v. Commonwealth of Pennsylvania, Department of Environmental Protection; Kathleen McGinty, Secretary of Environmental Protection, 972 A.2d 53 (Pa. Cmwlth. 2009)
• Steve is counsel to various municipal entities in a challenge to both the nutrient and sediment portions of the Indian Creek Watershed TMDL, which matter is presently before the United States District Court for the Eastern District of Pennsylvania. Lower Salford Township Authority, et al. v. U.S. Environmental Protection Agency, 2011-cv-6489. In this case, Steve successfully challenged the approach used by EPA to develop the Indian Creek Watershed sediment TMDL, requiring EPA to request that the District Court remand the sediment TMDL back to EPA for further consideration. To date, EPA has not amended the sediment TMDL.
• Steve represented municipal entities in a challenge to Pennsylvania’s issuance of a general stormwater permit in connection with the Indian Creek Watershed TMDL. Lower Salford Township Authority, et al v. U.S. Environmental Protection Agency, EHB Docket No. 2011-151-L. This matter has since settled.
• Steve represented numerous municipal entities in the first two major appeals of TMDLs in Pennsylvania, which appeals involved the Skippack Creek Watershed and the Neshaminy Creek Watershed. Lower Salford Township Authority and Upper Gwynedd-Towamencin Municipal Authority v. Commonwealth of Pennsylvania, Department of Environmental Protection, EHB Docket No. 2005-100-K; and Hatfield Township Municipal Authority, et al. v. Commonwealth of Pennsylvania, Department of Environmental Protection, EHB Docket No. 2004-046-L. Significantly, following Steve’s legal arguments challenging the establishment of these TMDLs, they were both withdrawn by the federal/state government agencies prior to being implemented, and prior to being incorporated into the NPDES permits of those wastewater treatment plants subject to the TMDLs. The government’s withdrawal of these TMDLs resulted in a significant cost savings to the municipal entities impacted by the TMDLs.
• Steve represented various municipal entities in cases involving the recovery of attorney fees in TMDL litigation. In Hatfield Township Municipal Authority, et al. v. Commonwealth of Pennsylvania, Department of Environmental Protection, 1983 C.D. 2010 (Pa. Cmwlth. 2011), Steve successfully obtained a reversal on appeal of a Pennsylvania Environmental Hearing Board decision denying attorney’s fees to municipal entities under the Clean Streams Law.
• Steve represented the prevailing party in a landmark case in Pennsylvania, in which the Pennsylvania Supreme Court held for the first time that a private cause of action exists under the Pennsylvania Storage Tank and Spill Prevention Act. Centolanza v. Lehigh Valley Dairies, Inc., 658 A.2d 336 (Pa. 1995). This case has been cited numerous times in judicial decisions and referred to in various law review articles and other legal publications.
• Steve successfully defended a municipality and its Board of Supervisors against a claim that they violated Pennsylvania’s Environmental Rights Amendment in connection with the redevelopment of property within the municipality.  The Delaware Riverkeeper Network, Maya van Rossum, the Delaware Riverkeeper, and Kathleen Stauffer v. East Whiteland Township, The East Whiteland Township Board of Supervisors and Constitution Drive Partners, Chester County Court of Common Pleas, Docket No. 2021-01586-ZB (December 17, 2021)
• Steve successfully represented a municipal authority as an intervenor in litigation before both the Pennsylvania Environmental Hearing Board and, on appeal, before Pennsylvania’s Commonwealth Court. In this case, a developer sought to bypass use of the municipal authority’s wastewater treatment system and, instead, use a private sewage plant to serve its development. Steve successfully argued before the administrative tribunal and the appeals court that any wastewater flow from the development must be conveyed, by law, to the authority’s wastewater treatment plant. Bennington Investment Group, LLC v. Commonwealth of Pennsylvania, Department of Environmental Protection and Dillsburg Area Authority, Intervenor, EHB Docket No. 2015-190-M (July 8, 2019), affirmed by Bennington Investment Group, LLC v. Department of Environmental Protection, No. 1046 C.D. 2019 (June 23, 2020) (Memorandum Opinion).
• Steve filed an amicus brief with the Pennsylvania Supreme Court on behalf of PMAA and the National Association of Clean Water Agencies on an issue of first impression involving the land application of biosolids under Pennsylvania’s Right-to-Farm Act. The Pennsylvania Supreme Court adopted the position asserted by Steve in the amicus brief, holding that the application of biosolids is a normal agricultural operation under Pennsylvania’s Right-to-Farm Act. Gilbert, et al. v. Synagro, et al., 131 A.3d 1 (Pa. 2015)
• Steve successfully represented a local municipality in land use litigation involving a solid waste landfill. In this matter, Steve opposed the expansion of the landfill and defended the constitutionality of the municipality’s zoning ordinance. Steve prevailed at the local government level, which decision was affirmed by the Chester County Court of Common Pleas (2005 WL 6426176) and by the Pennsylvania appellate courts.  SECCRA v. Zoning Hearing Board of London Grove Township, et al., 898 A.2d 680 (Pa. Cmwlth. 2006), allocatur denied, 591 Pa. 740, 921 A.2d 499 (Pa. 2007).
• Steve successfully represented a local municipality in land use litigation regarding a conditional use application to develop and construct a mushroom growing substrate and composting facility, which decision was affirmed by the Chester County Court of Common Pleas. Superior Growers, L.P. v. Board of Supervisors, London Grove Township, (No. 2009-15011-LU, 2011).
• Steve has successfully represented municipal authorities on various tapping fee issues.  Lisa J. Sankbeil, Executrix of the Estate of Jack Lanehart v. Greencastle, Franklin County Authority and Greencastle Area, Franklin County, Water Authority, Docket No. 2005-2428 (CCP, Franklin County) (Motion for Summary Judgment Granted).  Strausser Enterprises, Inc. v. Easton Suburban Water Authority, Docket No. C0048CV2002003756 (Plaintiff terminates own action for Declaratory Judgment).
• Steve filed a Statement in Support of a municipal authority with the Pennsylvania Supreme Court on behalf of amicus curiae PMAA regarding a challenge to the municipal authority’s adoption of a resolution establishing tapping fees. Hornstein v. Lynn Township Sewer Authority, 895 A.2d 544 (Pa. 2006).  The Pennsylvania Supreme Court affirmed the lower court decision in favor of the municipal authority.
• Steve filed a petition on behalf of a municipal authority with the United States Court of Appeals for the District of Columbia Circuit for review of a final EPA rulemaking establishing emission standards for sewage sludge incinerators. Nat’l Ass’n of Clean Water Agencies v. EPA, 734 F.3d 1115 (D.C. Cir. 2014).
• Steve represented a local water authority in a private cost recovery action brought in federal court pursuant to various environmental laws. North Penn Water Authority v. BAE Systems, et al., (E.D.Pa.) 2005 WL 2304736, 2005 WL 1715718, and 2005 WL 1279091.
• Steve obtained a significant penalty reduction for a client in an administration action before the federal Environmental Appeals Board under the Resource Conservation and Recovery Act. In the Matter of Rybond, Inc.,Docket No. RCRA-III-247.

Environmental and Municipal Regulatory Matters

• Steve is experienced in diverse matters involving water quality, including wastewater issues; stormwater and stormwater management; NPDES permit compliance and enforcement; pretreatment; TMDLs; municipal wasteload management; expansion and upgrade of sewage treatment plants; sewage facilities planning and regulation; wet weather issues (including SSOs and CSOs); interjurisdictional and intermunicipal agreements; wellhead protection; and, the public water supply.
• Steve advises clients on a wide range of environmental permitting and compliance issues (air, wastewater, NPDES, pretreatment, stormwater, wetlands, solid and hazardous waste); government reporting obligations; waste disposal matters; site remediation requirements; and, the regulatory process under federal and state brownfields and voluntary remediation programs.
• Steve provides guidance on issues related to land use development, including water and sewer service; municipal wasteload management; sewage facilities planning and regulation; stormwater management; wetlands and natural resources; and, erosion and sediment control.

Environmental Due Diligence

• Steve counsels clients on environmental matters in real estate and business transactions, including the evaluation of lender requirements, the economic aspects of such transactions, and the identification and management of environmental risk.  He also guides clients through the complex regulatory maze for both the development and the redevelopment of environmentally impaired and brownfields properties.
• Steve prepares environmental provisions for real estate and transactional documents, and negotiates prospective purchaser and buyer-seller agreements with federal and state government agencies for environmentally impaired properties.
• Steve is experienced in assisting clients in addressing environmental due diligence matters, and works closely with environmental consultants on the review and assessment of technical documents.

Municipal Law Specific Issues

• Steve is the East Region Solicitor for PMAA, and regularly interacts with PMAA staff and PMAA member municipal authorities throughout Pennsylvania on issues related to the operation and management of municipal authorities, and a broad range of legal, regulatory and legislative issues.
• Steve is both solicitor and special counsel for municipal entities throughout Pennsylvania, and regularly attends municipal meetings in these capacities.
• Steve provides training through PMAA to municipal authority Board Members and managers on such topics as the Municipality Authorities Act, Pennsylvania’s Sunshine Act and Right-to-Know Law, and state ethics requirements.
• Steve presents regular Solicitor updates and seminars/webinars on timely topics impacting municipal authorities at conferences sponsored by PMAA.
• Steve routinely advises PMAA and municipal entities on emerging legislative and regulatory developments at the federal, state and local levels, and prepares written comments on government regulatory and policy initiatives. Steve has submitted formal written comments to government agencies on various initiatives, including proposals addressing NPDES permits, wastewater treatment requirements, EPA’s Lead and Cooper Rule, EPA’s Preliminary Regulatory Determination for PFAS, Chesapeake Bay Water Quality Standards Implementation and Pennsylvania’s Watershed Implementation Plan for the Chesapeake Bay TMDL. Steve also provided written and verbal comments to EPA’s Science Advisory Board in connection with an EPA draft document entitled Empirical Approaches for Nutrient Criteria Derivation.
• Steve was appointed in 2017 as a member of the Wastewater workgroup for the Chesapeake Bay Phase III Watershed Implementation Plan. He previously served as a member of a Point Source Workgroup established by the Pennsylvania Department of Environmental Protection to address point source issues related to Pennsylvania’s Chesapeake Bay Tributary Strategy.
• Steve served as PMAA’s alternate member to the Pennsylvania Sewage Advisory Committee (April, 2011 to March, 2013).
• Steve served as the Pennsylvania Bar Association’s representative to the Pennsylvania Sewage Advisory Committee (April, 2009 to March, 2011).
• Steve was a member of the Legislative and Regulatory Needs Work Group established in 2008 under Governor Rendell’s Sustainable Water Infrastructure Task Force.
• Steve was appointed by the Pennsylvania General Assembly to serve on an advisory committee to a legislative task force on sewage management and treatment established pursuant to House Resolution 88 of 2005, and testified before the task force on the impact of TMDLs on municipal authorities and impact of statewide nutrient water quality criteria.