Janet L. McQuaid

Counsel

Denver
T +1 303.764.4046
F +1 303.861.7805

Overview

Janet McQuaid is a versatile environmental lawyer with experience in all contexts in which environmental issues arise. She is licensed in five states and represents clients nationwide in both transactions and adversarial proceedings. Janet represents clients in many industries and businesses, but has particular experience in the energy industry. She worked for more than 10 years for a major oil company as a chemical engineer, three years as in-house counsel for an energy company, and 20 years for a global law firm. Janet’s varied background allows her to quickly comprehend technical issues and formulate practical legal strategies to achieve clients’ commercial objectives and resolve or litigate environmental disputes.

Select Experience

  • Supported air permitting for natural gas compression facilities and liquefied natural gas cryogenic plants in western Pennsylvania, including new-source review evaluation and single-source aggregation issues as well as successful defense of a proposed permit against an environmental group's challenge before the Pennsylvania Environmental Hearing Board.
  • Helped obtain permits and defended enforcement under Clean Water Act Section 404 (wetlands) and state air pollution control law for an oil and gas exploration, production and gathering company with operations in Pennsylvania, Ohio and West Virginia.
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Experience

  • Supported air permitting for natural gas compression facilities and liquefied natural gas cryogenic plants in western Pennsylvania, including new-source review evaluation and single-source aggregation issues as well as successful defense of a proposed permit against an environmental group's challenge before the Pennsylvania Environmental Hearing Board.
  • Helped obtain permits and defended enforcement under Clean Water Act Section 404 (wetlands) and state air pollution control law for an oil and gas exploration, production and gathering company with operations in Pennsylvania, Ohio and West Virginia.
  • Defended a refining company in a Toxic Substances Control Act enforcement action resulting in dismissal of more than half the counts alleged by the EPA.
  • Helped defend an oil and gas operator against enforcement based on complaints alleging pollution of groundwater from hydraulic fracturing. The complaints were dismissed after a hearing before the Pennsylvania Environmental Hearing Board based on evidence showing that the alleged contamination was not caused by the operator's drilling activities.
  • Counseled clients in various industries on hazardous and solid waste management, water quality and wetlands compliance, OSHA hazardous materials and Process Safety Management rules, air pollution control, greenhouse gas reporting, and numerous other environmental programs.
  • Represented potentially responsible parties at Superfund sites and analogous state sites.
  • Advocated in the 5th, 7th and 9th Circuits on behalf of oil and gas trade associations challenging the EPA's interpretation of the Clean Water Act, which would have required federal stormwater permits for oil and gas construction activities. In part because of this litigation, the U.S. EPA revised the federal rules requiring stormwater permits for oil and gas activities.
  • Conducted environmental due diligence and negotiated and drafted the environmental terms of hundreds of mergers, acquisitions, public offerings and financial disclosures.

Recognitions and Memberships

Recognitions

  • Who's Who in American Law (2007, 2014 to 2017)
  • Who's Who in Energy (2014 to 2016)
  • The Best Lawyers in America©
    • Denver: Environmental Law (2018)
    • Pittsburgh: Environmental Law (2015 to 2017)
  • "Super Lawyer" for Environmental Law
    • Pennsylvania (2017)
    • Texas (2007 to 2009)
  • Chambers USA: Environmental Law (2005 to 2007)

Memberships

  • American Bar Association: Section of Environment, Energy, and Resources
  • Texas Bar Association: Texas Energy and Natural Resources Section
  • Pennsylvania Bar Association: Environmental Section
  • American Institute of Chemical Engineers
  • Society of Women Engineers

Community

  • United Way of Washington County, Pennsylvania: Board Executive Committee (2014 to 2017)
  • University of Houston Law Center: Adjunct Professor (2010)
  • Texas Advocacy Project
    • Board Member (2011 to 2012)
    • Justice Partner (2009 to 2011)
  • Houston Audubon Society: Board Member (2011 to 2012)
  • Paramount and State Theatres
    • Board Member (2005 to 2012)
    • Treasurer (2008 to 2010)
    • Secretary (2006 to 2008)
  • Therapy Pet Pals of Texas: Volunteer (2000 to 2006)

Pro Bono

  • Defended an elderly client against an enforcement action by the Pennsylvania Department of Environmental Protection in connection with trash disposed of on the man’s property by unknown third parties. The matter was settled without a penalty on terms favorable to the client.
  • Appointed by the Western District of Texas to represent a criminal defendant whom the United States alleged was part of a drug-trafficking conspiracy in the Western District of Texas. The matter was complicated by the number of defendants (20+) and conspiracy and RICO charges. The client received a favorable sentence including assignment to an intensive drug rehabilitation program usually reserved for younger offenders.

Services

Industries

Prior Positions

  • El Paso Energy Service company: Senior Counsel (2008 to 2011)
  • Exxon Company USA: Supervising Engineer, Senior Staff Engineer (1978 to 1989) 
  • Global law firm (1992 to 2007, 2011 to 2017)

Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Southern District of West Virginia
  • Texas
  • Colorado
  • Pennsylvania
  • West Virginia
  • Ohio

Education

  • J.D., The University of Texas School of Law, 1992; Order of the Coif; Texas Law Review, Chief Manuscript Editor
  • M.B.A., Houston Baptist University, 1989
  • B.S.ChE., University of Pittsburgh, 1978, magna cum laude