People: Philip L. Comella, Partner
Biography
Mr. Comella is head of the Environmental, Safety and Toxic Torts Group in the Chicago office of Seyfarth Shaw LLP, Chambers-ranked as a leading lawyer in Environmental law, and a member of the Leading Lawyer network. Mr. Comella’s practice spans both regulatory counseling and environmental-based litigation. With nearly three decades of experience in environmental law, and a focus on the solid and hazardous waste industry, he regularly counsels operators of landfills, treatment systems, recycling operations and waste generators on compliance and permitting matters arising under the environmental laws. Prior to joining Seyfarth Shaw, Mr. Comella spent seven years as in-house counsel for a major waste management company, where he had responsibility for hazardous and solid waste issues arising across the country.
Solid and Hazardous Waste Industry
Mr. Comella has wide-ranging and deep experience in solid and hazardous waste matters arising under the Resource Conservation and Recovery Act (RCRA), including citizens suits, enforcement actions, permitting, and compliance. He has represented generators, transporters, and fixed facilities on a myriad of issues arising under this statute and state counterparts. Mr. Comella has also worked on numerous PCB matters over the last 25 years, including those involving disposal requirements, dilution, coordinated waste approvals, and clean-up standards. With regard to the Comprehensive Environmental Compensation and Liability Act (CERCLA or Superfund), he has worked on multiple facets of this statute, including rulemaking comments, negotiating amendments to Records of Decision, representing generators, transporters, and site owners in responding to information requests and clean-up orders, and heading up PRP groups. With a long history in both Superfund and Brownfields, he is also experienced in applying clean-up standards across regulatory fields and negotiating contract conditions and insurance provisions to reduce environmental liability.
Enforcement Actions and Litigation
Mr. Comella has defended clients in a broad array of enforcement actions and compliance matters brought under virtually every environmental law. These matters have ranged from Clean Air Act requirements for paper mills, to storm water run-off rules at construction sites, to improper waste disposal, waste characterization, permitting violations, groundwater monitoring, storage violations, transportation, and shipping documentation under RCRA, the Hazardous Materials Transportation Act, and state counterparts. He has negotiated settlement agreements on these matters with environmental regulatory agencies in virtually every EPA region and in roughly twenty different states. Mr. Comella also has a long history of defending companies from toxic tort lawsuits relating to the release of hazardous chemicals, including groundwater contaminants, odors, and air pollutants, including sulfuric acid, sulfur trioxide, and phosphoric acid. He has broad experience handling matters bridging environmental and bankruptcy law.
Landfill Gas and Renewable Energy
He has represented landfill owners, developers, and end-users on all aspects of landfill gas projects, including contract drafting, negotiation, regulatory compliance, enforcement action defense, and litigation to enforce contract rights. He has advised numerous companies in the renewable field on the availability of environmental attributes (e.g., carbon credits, renewable energy credits), and has experience with the permitting of hydropower plants under the Clean Water Act.
Environmental-Based Construction and Engineering Claims
Mr. Comella’s practice also encompasses construction claims with an environmental component. For example, he has defended clients on construction claims involving mold contamination and asbestos removal. He has worked extensively in the area of classifying construction and demolition debris in numerous projects, including stadium demolition and electrical installations. He also has extensive experience defending environmental and engineering professionals against negligence and contract claims.
Mr. Comella is head of the Environmental, Safety and Toxic Torts Group in the Chicago office of Seyfarth Shaw LLP, Chambers-ranked as a leading lawyer in Environmental law, and a member of the Leading Lawyer network. Mr. Comella’s practice spans both regulatory counseling and environmental-based litigation. With nearly three decades of experience in environmental law, and a focus on the solid and hazardous waste industry, he regularly counsels operators of landfills, treatment systems, recycling operations and waste generators on compliance and permitting matters arising under the environmental laws. Prior to joining Seyfarth Shaw, Mr. Comella spent seven years as in-house counsel for a major waste management company, where he had responsibility for hazardous and solid waste issues arising across the country.
Solid and Hazardous Waste Industry
Mr. Comella has wide-ranging and deep experience in solid and hazardous waste matters arising under the Resource Conservation and Recovery Act (RCRA), including citizens suits, enforcement actions, permitting, and compliance. He has represented generators, transporters, and fixed facilities on a myriad of issues arising under this statute and state counterparts. Mr. Comella has also worked on numerous PCB matters over the last 25 years, including those involving disposal requirements, dilution, coordinated waste approvals, and clean-up standards. With regard to the Comprehensive Environmental Compensation and Liability Act (CERCLA or Superfund), he has worked on multiple facets of this statute, including rulemaking comments, negotiating amendments to Records of Decision, representing generators, transporters, and site owners in responding to information requests and clean-up orders, and heading up PRP groups. With a long history in both Superfund and Brownfields, he is also experienced in applying clean-up standards across regulatory fields and negotiating contract conditions and insurance provisions to reduce environmental liability.
Enforcement Actions and Litigation
Mr. Comella has defended clients in a broad array of enforcement actions and compliance matters brought under virtually every environmental law. These matters have ranged from Clean Air Act requirements for paper mills, to storm water run-off rules at construction sites, to improper waste disposal, waste characterization, permitting violations, groundwater monitoring, storage violations, transportation, and shipping documentation under RCRA, the Hazardous Materials Transportation Act, and state counterparts. He has negotiated settlement agreements on these matters with environmental regulatory agencies in virtually every EPA region and in roughly twenty different states. Mr. Comella also has a long history of defending companies from toxic tort lawsuits relating to the release of hazardous chemicals, including groundwater contaminants, odors, and air pollutants, including sulfuric acid, sulfur trioxide, and phosphoric acid. He has broad experience handling matters bridging environmental and bankruptcy law.
Landfill Gas and Renewable Energy
He has represented landfill owners, developers, and end-users on all aspects of landfill gas projects, including contract drafting, negotiation, regulatory compliance, enforcement action defense, and litigation to enforce contract rights. He has advised numerous companies in the renewable field on the availability of environmental attributes (e.g., carbon credits, renewable energy credits), and has experience with the permitting of hydropower plants under the Clean Water Act.
Environmental-Based Construction and Engineering Claims
Mr. Comella’s practice also encompasses construction claims with an environmental component. For example, he has defended clients on construction claims involving mold contamination and asbestos removal. He has worked extensively in the area of classifying construction and demolition debris in numerous projects, including stadium demolition and electrical installations. He also has extensive experience defending environmental and engineering professionals against negligence and contract claims.
Education
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J.D., George Washington University Law School (1983)
with honors
Articles Editor, George Washington University Journal of International Law and Economics -
B.A., Beloit College, cum laude (1978)
Admissions
- Illinois
Courts
- United States Supreme Court
- U.S. Court of Appeals for the Seventh and District of Columbia Circuits
- U.S. District Court for the Northern District of Illinois (Trial Bar)
-
U.S. District Court for the Eastern District of Michigan
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