John J. McAleese, III

Counsel

Practice Areas

Biography

John McAleese’s practice focuses exclusively on environmental matters. Mr. McAleese has helped corporations in such industries as energy, chemicals, manufacturing, and real estate development address their transactional, environmental compliance and litigation needs for more than 30 years. Drawing on his prior experience as a chemical engineer, Mr. McAleese is able to quickly assess risks and liabilities and offer his clients reasoned guidance based on their business objectives.

Mr. McAleese helps clients move forward on important business transactions while managing environmental factors. He advises them on environmental issues in corporate and real estate transactions, conducting environmental due diligence, negotiating environmental provisions within transaction documents and financing agreements, and providing guidance on property transfer permitting and authorization requirements.

Mr. McAleese advises clients on environmental regulatory compliance as well as insurance coverage related to environmental risks. Mr. McAleese has extensive experience advising and representing clients regarding waste water and storm water permitting issues under the federal Clean Water Act and state analogs, hazardous waste management issues pursuant to the federal RCRA program, and conducting environmental remediation projects under various state Brownfields programs. In addition, Mr. McAleese has assisted clients in complying with property transfer laws such as the New Jersey Industrial Site Recovery Act (ISRA).

When protecting clients’ interests require more direct action, Mr. McAleese represents them in negotiating with environmental regulatory agencies or in defending them in civil and administrative environmental litigation. Such litigation includes cost recovery actions involving federal Superfund (CERCLA) and similar state statutes, enforcement actions, permit appeals, and environmental contamination toxic tort cases.

Mr. McAleese is a graduate of New York University School of Law and has a Bachelor of Chemical Engineering degree from Villanova University. Prior to going to law school, he was a practicing chemical engineer, specializing in process control.

Representative Matters

Advising a global engineering and manufacturing company regarding issues associated with groundwater contamination discovered in the vicinity of one of its facilities in northeastern Pennsylvania, including representing the client concerning related lawsuits, including a class action and toxic tort lawsuit and a cost recovery and contribution action brought under CERCLA.
Counseling a real estate private equity company on environmental issues associated with nationwide acquisitions of properties for commercial redevelopment
Defending an energy company in litigation brought by a multinational company seeking contribution to remediation efforts the multinational company made at the Lake Onondaga Superfund site in Syracuse, New York
Assisting a self-storage company in its acquisition of properties throughout the country, including conducting environmental due diligence and negotiating environmental issues in the transaction documents
Representing a chemical company in a cost recovery and contribution litigation brought by another chemical company against multiple parties in New Jersey federal court seeking to recover the costs of remediating a Superfund site along a section of the lower Passaic River in New Jersey.
Represented a leading petroleum refiner and marketer in the acquisition of a petroleum refinery in the State of New Jersey
Represented an international specialty chemical manufacturer in an enforcement action brought against it by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act. Obtained on an appeal before the Environmental Appeals Board a reversal of a $2.5 million penalty decision and dismissal in full of the EPA’s enforcement action. This is one of the largest penalty reversals in the history of the Environmental Appeals Board
Represented an international specialty chemical manufacturer in an enforcement action brought by the State of New Hampshire alleging various violations of the State’s hazardous waste management laws and regulations. After a three-day trial, the court completely dismissed the State’s claims
Conducted an investigation of anonymous allegations regarding environmental compliance at an international specialty chemical manufacturer’s West Virginia plant
Represented an energy conglomerate concerning threatened claims by the U.S. Environmental Protection Agency pursuant to CERCLA for alleged releases from a mine in Nevada
Advised a financial holding company regarding the environmental regulatory issues associated with the Pennsylvania assets of a wind energy products manufacturer in connection with a financing
Advised a national residential housing company on environmental issues concerning the acquisition of portions of a former industrial plant in New York for development of residential housing
Defended an international specialty chemical manufacturer in a personal injury action arising from a customer’s use of the client’s product

Articles

So You Want To Shut Down Your Coal-Fired Power Plant?, The Metropolitan Corporate Counsel, 10.1.2014

Speaking Engagements

Real Estate Industry in 2019: The Good, The Bad, and the Potential Opportunities, CLE Program, 5.27.2019
Potholes—Ethical Issues Associated with the Proliferation of State-Legalized Marijuana Possession and Use, ACC of Greater Philadelphia In-House Counsel Conference, 4.27.2017
Preconference Workshop: Coal Plant Repowering 101, American Public Power Association (APPA)— The Legal Seminar, 10.11.2015
Lessons Learned from Selling Assets, 4th Plant DDD: Managing the Power Plant Decommissioning, Decontamination & Demolition Process, 1.15.2015
Generation M&A and A&D in PJM, PJM Market Summit, 10.27.2014
Recent Developments in Environmental Law: Trends & Tips, The Legal Intelligencer’s In-House and General Counsel CLE Seminar., 5.17.2014

Quoted

Pennsylvania Promotes Use of Mine Water For Fracking, Bloomberg Legal, 10.8.2015 NJ Snub Of GHG Pact Muddles EPA Carbon Rule Compliance, Law360, 5.6.2014

Education

New York University School of Law, JD, 1989
Villanova University, BChE, 1984

Bar Admissions

Pennsylvania
New Jersey
New York

Memberships & Certifications

American Bar Association
Tau Beta Pi (National Engineering Honor Society)
The Disciplinary Board of the Supreme Court of Pennsylvania
- Hearing Committee Member, 2017-2023

Recognitions

Chambers USA, Environment, Pennsylvania, 2009–2023
Lawyer of the Year, Environmental Litigation, Pennsylvania, 2021
The Best Lawyers in America, Environmental Litigation, Pennsylvania, 2003–2023
Pennsylvania Super Lawyer, 2008–2023
Clients praise his technical background, “strategic view of matters,” and ability to “assert a client’s position in a reasoned and compelling fashion.” –Chambers USA
Clients say John McAleese “knows the practicalities of what we are facing and will give advice to get everything done efficiently.” —Chambers USA
“A great lawyer with a great deal of experience in contaminated site matters.”—Chambers USA

Ranking Disclaimers: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For Chambers methodology, see https://chambers.com/about-us/methodology. For The Best Lawyers in America methodology, see https://www.bestlawyers.com/methodology. For SuperLawyers methodology, see https://www.superlawyers.com/about/selection_process.html.

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Herold Law, P.A., provides a full range of legal services for businesses in New Jersey, New York, and Florida. To speak with a legal professional experienced in your area of need, call 908-647-1022 or complete our simple intake form to schedule a consultation. While located in Warren, New Jersey for the convenience of our New Jersey clients, we also serve clients in New York and Florida.