Shane A. Farolino
Shareholder
Columbus
41 South High Street
Huntington Center, 21st Floor
Columbus, OH 43215
P 330.849.6680
F 614.463.9792
P 330.849.6680 | F 614.463.9792
41 South High Street
Huntington Center, 21st Floor
Columbus, OH 43215
P 330.849.6680
F 614.463.9792
P 330.849.6680 | F 614.463.9792
Overview
Shane focuses his practice on environmental compliance counseling, permitting, and administrative, civil, and criminal litigation. He has extensive experience in handling Clean Water Act permitting matters, Clean Air Act permitting projects, emergency response and crisis management events, the defense of environmental enforcement actions, and toxic tort litigation matters. His clients have included major petroleum companies, manufacturing companies, mining companies, commercial developers, and government entities. Before entering private practice, he served as an Assistant Attorney General in the Environmental Enforcement Section of the Ohio Attorney General's Office.
Experience
- Represented a major roofing materials manufacturer in connection with the defense of a PSD enforcement action brought by the Ohio EPA
- Represented a large aggregate and industrial minerals mining company in an air permitting enforcement action initiated by the Ohio EPA
- Represented a large foundry client in connection with the resolution of numerous alleged air permitting violations for which it was cited by the Ohio EPA
- Represented a major landfill client with respect to the permitting of a large expansion to its landfill in a manner that avoided major source permitting under the Clean Air Act
- Represented a major petroleum company in connection with the permitting and construction of a 149-mile petroleum products pipeline in Ohio
- Represented a major petroleum company with respect to the right-of-way acquisition and permitting of a 49-mile Utica Shale condensate pipeline in Ohio
- Represented a major refining client in connection with an emergency response effort that was undertaken as a result of an explosion at one of its Ohio facilities
- Participated in the successful defense of a lawsuit challenging a Section 404 Clean Water Act permit issued by the U.S. Army Corps of Engineers
- Successfully defended a major Ohio manufacturing company in a significant air permitting enforcement action initiated by the Ohio EPA
- Obtained Clean Water Act permits for several large residential and commercial development projects in Ohio
- Successfully defended a sand and gravel mining company in a common law toxic tort lawsuit brought by a group of adjacent landowners
- Represented a national petroleum distribution / truck stop owner and operator in connection with the resolution of a state-wide enforcement action involving 25 facilities; representation resulted in a very favorable settlement and an avoidance of permitting requirements at the facilities
- Represented a major chemical distribution company with respect to the defense of an environmental citizen suit that was threatened by an adjacent property owner; representation resulted in a comprehensive settlement of the threatened action and the successful remediation of the adjacent site under the Ohio Voluntary Action Program, Ohio’s brownfield redevelopment program
- Represented a major metal finishing company in connection with the remediation of a large manufacturing facility under the Ohio Voluntary Action Program
- Represented an international mining company with respect to the remediation of a former chromium smelter site under CERCLA; representation involved successful ARAR and risk assessment negotiations, as well as negotiations concerning the ability to conduct the cleanup pursuant to US EPA’s Area of Contamination Policy
- Represented a national battery manufacturer in connection with the completion of a compliance audit at its main manufacturing facility; representation included the successful use of the Ohio Audit Privilege and Immunity Law in order to avoid otherwise applicable fines and penalties
- Represented a local health food store owner and operator with respect to the construction of a new store on a brownfield property in Ohio; representation included due diligence and oversight in connection with the construction and installation of a sub-slab depressurization system at the site to mitigate indoor air issues
- Represented a large utility company in connection with the acquisition of a natural gas pipeline gathering system in Ohio; representation included resolution of outstanding compliance issues stemming from the operation of the system by the previous owner
- Represented a major food products manufacturer with respect to the expansion of its manufacturing headquarters in Ohio; representation included obtaining Clean Water Act permits from the U.S. Army Corps of Engineers and the Ohio EPA
- Represented a major submersible pump manufacturer with respect to the resolution of various air permitting issues at its Ohio manufacturing facility; representation involved the successful use of the Ohio Audit Privilege and Immunity Law in order to avoid otherwise applicable fines and penalties
Services
- Corporate Compliance
- Environmental Law
- Emergency Response & Crisis Management
- Energy, Utilities, Oil & Gas
- Environmental Litigation
- Liability Defense
- Government Relations
Industries
Education
-
The University of Toledo College of Law,
J.D.
- University of Toledo Law Review (1986-1988), Student Articles Editor
- The State University of New York at Buffalo, B.A.
Credentials
Bar Admissions
- Ohio
Court Admissions
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
Recognitions
- AV® Preeminent™ rating from Martindale-Hubbell Law Directory
- Selected as a "Top Rated Lawyer in Energy/Environmental Law" by ALM (2013)
- Named The Best Lawyers in America® Akron Environmental Law "Lawyer of the Year" (2013, 2017, 2019)
- Named The Best Lawyers in America® Columbus "Lawyer of the Year" for Environmental Law (2022)
- Named The Best Lawyers in America® Columbus "Lawyer of the Year" for Evironmental Litigation (2023)
- Named to The Best Lawyers in America® for Environmental Law (2006-2024); Litigation - Environmental (2011-2024)
- Selected by Chambers USA "Leaders in their Field" for Natural Resources & Environmental Law, Ohio (2004-2023)
- Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2007-2024)
- Selected as one of the "Top 50 Columbus Lawyers" by Ohio Super Lawyers magazine (2022-2024)
- Selected as one of the "Top 100 Ohio Lawyers" by Ohio Super Lawyers magazine (2023)
Affiliations
Professional Affiliations
- Akron Bar Association, Real Property and Environmental Law Committee
- Ohio State Bar Association, Environmental Law Committee
- Ohio Oil and Gas Association, Environmental Committee
- National Association of Industrial and Office Properties, Chair, Environmental Committee
Insights
Alerts
Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act (Feb 8, 2024)
Status of DOJ and EPA Policies on Supplemental Environmental Projects (Dec 22, 2023)
Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA (Oct 9, 2023)
Biden Administration Changes to Enforcement Policies (Aug 3, 2023)
U.S. Supreme Court Issues Ruling in Sackett v. EPA Overruling EPA’s “Waters of the United States” Rule (May 26, 2023)
Articles
Stream & Wetland Permitting - A Moving Target (Feb 1, 2017)
Environmental Law Settlement and Negotiation Strategies: A Practical Perspective (2007)
Obtaining Permission (March/April 2005)
Clean Water Act Section 404/401 Permitting (Mar 2, 2004)
Presentations
"Stream and Wetland Permitting – The Rules Continue to Change" - Roetzel Webinar (June 2021)
"Protecting and Preserving Your Company In A Crisis" - Buckeye STEPS Meeting (2013)
"Hydraulic Fracturing - The Report: Separating Frack From Fiction" - Roetzel Seminar, Ohio
"Emergency Response and Crisis Management in Construction" - Roetzel Construction Law Update
"Protecting and Preserving Your Company in a Crisis" - Roetzel/Ohio Manufacturers' Association (OMA) seminar
Firm News
19 Roetzel Attorneys Named Ohio Super Lawyers/Rising Stars (Dec 29, 2023)
Roetzel & Andress Earns Recognition in 2024 Best Lawyers (Aug 17, 2023)
Chambers and Partners Recognizes Five Roetzel Attorneys and One Practice Area in 2023 USA Guide (Jun 1, 2023)
Attorneys Farolino & Haupt Named to Super Lawyers® Top List 2023 (Dec 29, 2022)
22 Roetzel Attorneys Named 2023 Ohio Super Lawyers and Rising Stars (Dec 29, 2022)
Services
- Corporate Compliance
- Environmental Law
- Emergency Response & Crisis Management
- Energy, Utilities, Oil & Gas
- Environmental Litigation
- Liability Defense
- Government Relations
Industries
Overview
Shane focuses his practice on environmental compliance counseling, permitting, and administrative, civil, and criminal litigation. He has extensive experience in handling Clean Water Act permitting matters, Clean Air Act permitting projects, emergency response and crisis management events, the defense of environmental enforcement actions, and toxic tort litigation matters. His clients have included major petroleum companies, manufacturing companies, mining companies, commercial developers, and government entities. Before entering private practice, he served as an Assistant Attorney General in the Environmental Enforcement Section of the Ohio Attorney General's Office.
Experience
- Represented a major roofing materials manufacturer in connection with the defense of a PSD enforcement action brought by the Ohio EPA
- Represented a large aggregate and industrial minerals mining company in an air permitting enforcement action initiated by the Ohio EPA
- Represented a large foundry client in connection with the resolution of numerous alleged air permitting violations for which it was cited by the Ohio EPA
- Represented a major landfill client with respect to the permitting of a large expansion to its landfill in a manner that avoided major source permitting under the Clean Air Act
- Represented a major petroleum company in connection with the permitting and construction of a 149-mile petroleum products pipeline in Ohio
- Represented a major petroleum company with respect to the right-of-way acquisition and permitting of a 49-mile Utica Shale condensate pipeline in Ohio
- Represented a major refining client in connection with an emergency response effort that was undertaken as a result of an explosion at one of its Ohio facilities
- Participated in the successful defense of a lawsuit challenging a Section 404 Clean Water Act permit issued by the U.S. Army Corps of Engineers
- Successfully defended a major Ohio manufacturing company in a significant air permitting enforcement action initiated by the Ohio EPA
- Obtained Clean Water Act permits for several large residential and commercial development projects in Ohio
- Successfully defended a sand and gravel mining company in a common law toxic tort lawsuit brought by a group of adjacent landowners
- Represented a national petroleum distribution / truck stop owner and operator in connection with the resolution of a state-wide enforcement action involving 25 facilities; representation resulted in a very favorable settlement and an avoidance of permitting requirements at the facilities
- Represented a major chemical distribution company with respect to the defense of an environmental citizen suit that was threatened by an adjacent property owner; representation resulted in a comprehensive settlement of the threatened action and the successful remediation of the adjacent site under the Ohio Voluntary Action Program, Ohio’s brownfield redevelopment program
- Represented a major metal finishing company in connection with the remediation of a large manufacturing facility under the Ohio Voluntary Action Program
- Represented an international mining company with respect to the remediation of a former chromium smelter site under CERCLA; representation involved successful ARAR and risk assessment negotiations, as well as negotiations concerning the ability to conduct the cleanup pursuant to US EPA’s Area of Contamination Policy
- Represented a national battery manufacturer in connection with the completion of a compliance audit at its main manufacturing facility; representation included the successful use of the Ohio Audit Privilege and Immunity Law in order to avoid otherwise applicable fines and penalties
- Represented a local health food store owner and operator with respect to the construction of a new store on a brownfield property in Ohio; representation included due diligence and oversight in connection with the construction and installation of a sub-slab depressurization system at the site to mitigate indoor air issues
- Represented a large utility company in connection with the acquisition of a natural gas pipeline gathering system in Ohio; representation included resolution of outstanding compliance issues stemming from the operation of the system by the previous owner
- Represented a major food products manufacturer with respect to the expansion of its manufacturing headquarters in Ohio; representation included obtaining Clean Water Act permits from the U.S. Army Corps of Engineers and the Ohio EPA
- Represented a major submersible pump manufacturer with respect to the resolution of various air permitting issues at its Ohio manufacturing facility; representation involved the successful use of the Ohio Audit Privilege and Immunity Law in order to avoid otherwise applicable fines and penalties
Education
-
The University of Toledo College of Law,
J.D.
- University of Toledo Law Review (1986-1988), Student Articles Editor
- The State University of New York at Buffalo, B.A.
Credentials
Bar Admissions
- Ohio
Court Admissions
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of Ohio
Recognitions
- AV® Preeminent™ rating from Martindale-Hubbell Law Directory
- Selected as a "Top Rated Lawyer in Energy/Environmental Law" by ALM (2013)
- Named The Best Lawyers in America® Akron Environmental Law "Lawyer of the Year" (2013, 2017, 2019)
- Named The Best Lawyers in America® Columbus "Lawyer of the Year" for Environmental Law (2022)
- Named The Best Lawyers in America® Columbus "Lawyer of the Year" for Evironmental Litigation (2023)
- Named to The Best Lawyers in America® for Environmental Law (2006-2024); Litigation - Environmental (2011-2024)
- Selected by Chambers USA "Leaders in their Field" for Natural Resources & Environmental Law, Ohio (2004-2023)
- Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2007-2024)
- Selected as one of the "Top 50 Columbus Lawyers" by Ohio Super Lawyers magazine (2022-2024)
- Selected as one of the "Top 100 Ohio Lawyers" by Ohio Super Lawyers magazine (2023)
Affiliations
Professional Affiliations
- Akron Bar Association, Real Property and Environmental Law Committee
- Ohio State Bar Association, Environmental Law Committee
- Ohio Oil and Gas Association, Environmental Committee
- National Association of Industrial and Office Properties, Chair, Environmental Committee
Insights
Alerts
Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act (Feb 8, 2024)
Status of DOJ and EPA Policies on Supplemental Environmental Projects (Dec 22, 2023)
Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA (Oct 9, 2023)
Biden Administration Changes to Enforcement Policies (Aug 3, 2023)
U.S. Supreme Court Issues Ruling in Sackett v. EPA Overruling EPA’s “Waters of the United States” Rule (May 26, 2023)
Articles
Stream & Wetland Permitting - A Moving Target (Feb 1, 2017)
Environmental Law Settlement and Negotiation Strategies: A Practical Perspective (2007)
Obtaining Permission (March/April 2005)
Clean Water Act Section 404/401 Permitting (Mar 2, 2004)
Presentations
"Stream and Wetland Permitting – The Rules Continue to Change" - Roetzel Webinar (June 2021)
"Protecting and Preserving Your Company In A Crisis" - Buckeye STEPS Meeting (2013)
"Hydraulic Fracturing - The Report: Separating Frack From Fiction" - Roetzel Seminar, Ohio
"Emergency Response and Crisis Management in Construction" - Roetzel Construction Law Update
"Protecting and Preserving Your Company in a Crisis" - Roetzel/Ohio Manufacturers' Association (OMA) seminar
Firm News
19 Roetzel Attorneys Named Ohio Super Lawyers/Rising Stars (Dec 29, 2023)
Roetzel & Andress Earns Recognition in 2024 Best Lawyers (Aug 17, 2023)
Chambers and Partners Recognizes Five Roetzel Attorneys and One Practice Area in 2023 USA Guide (Jun 1, 2023)
Attorneys Farolino & Haupt Named to Super Lawyers® Top List 2023 (Dec 29, 2022)
22 Roetzel Attorneys Named 2023 Ohio Super Lawyers and Rising Stars (Dec 29, 2022)