Shane A. Farolino

Shareholder, Practice Group Manager, Environmental, Energy and Health & Safety
Akron
222 South Main Street
Suite 400
Akron, OH 44308
P 330.849.6680
F 330.376.4577
P 330.849.6680 | F 330.376.4577

Overview

Mr. Farolino focuses his practice on environmental compliance counseling, permitting, and administrative, civil, and criminal litigation. He has extensive experience in handling Clean Air Act permitting matters, Clean Water 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, 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
  • Currently representing a major petroleum company with respect to the 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 Environmental Protection Agency (EPA)
  • Obtained Clean Water Act permits for a large commercial development project 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 petroleum company in connection with the right-of-way acquisition and permitting of a 50-mile pipeline project in Ohio
  • 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 steel 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 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 Army Corps of Engineers and the Ohio EPA
  • Represented an international roofing shingle manufacturer in connection with the successful defense of an air enforcement action by the Ohio EPA; representation resulted in the avoidance of the applicability of PSD permitting requirements to the facility
  • 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

Industries

Education

  1. The University of Toledo College of Law, J.D.
    • University of Toledo Law Review (1986-1988), Student Articles Editor
  2. The State University of New York at Buffalo, B.A.

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. District Court, Northern District of Ohio
  2. 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 to The Best Lawyers in America© for Environmental Law (2006-2020); Litigation - Environmental (2012-2020)
  • Selected by Chambers USA "Leaders in their Field" for Natural Resources & Environmental Law, Ohio (2004-2019)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2007-2019)

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

  1. Alerts
    Ohio Supreme Court Rules in Landowner Royalty Case (Nov 7, 2016)
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights (Sep 19, 2016)
    Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases (Sep 19, 2016)
    Ohio Appeals Court Remands Case to Trial Court for Assessment of "Reasonableness" in Delay of Repairs to Well (Dec 2, 2015)
    Ohio Supreme Court Issues First Opinion Interpreting the Dormant Mineral Act (Jun 18, 2015)
  2. 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)
  3. Presentations
    "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
    "Ohio Wetlands and Stream Mitigation Update - The Rules of the Game Continue to Change" - National Association of Industrial and Office Properties-Dayton, Cincinnati & Central Ohio Chapters
  4. Firm News
    66 Roetzel Attorneys Named to 2020 The Best Lawyers in America© List (Aug 15, 2019)
    Roetzel Receives Top Rankings in Chambers USA 2019 (May 2, 2019)
    32 Roetzel Attorneys Honored as 2019 Ohio Super Lawyers and Rising Stars (Dec 11, 2018)
    Seven Roetzel Attorneys Named "Lawyer of the Year" by Best Lawyers® (Aug 20, 2018)
    Over 50 Roetzel & Andress LPA Attorneys Named to 2019 The Best Lawyers in America© List (Aug 17, 2018)

Overview

Mr. Farolino focuses his practice on environmental compliance counseling, permitting, and administrative, civil, and criminal litigation. He has extensive experience in handling Clean Air Act permitting matters, Clean Water 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, 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
  • Currently representing a major petroleum company with respect to the 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 Environmental Protection Agency (EPA)
  • Obtained Clean Water Act permits for a large commercial development project 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 petroleum company in connection with the right-of-way acquisition and permitting of a 50-mile pipeline project in Ohio
  • 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 steel 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 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 Army Corps of Engineers and the Ohio EPA
  • Represented an international roofing shingle manufacturer in connection with the successful defense of an air enforcement action by the Ohio EPA; representation resulted in the avoidance of the applicability of PSD permitting requirements to the facility
  • 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

  1. The University of Toledo College of Law, J.D.
    • University of Toledo Law Review (1986-1988), Student Articles Editor
  2. The State University of New York at Buffalo, B.A.

Credentials

Bar Admissions
  1. Ohio
Court Admissions
  1. U.S. District Court, Northern District of Ohio
  2. 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 to The Best Lawyers in America© for Environmental Law (2006-2020); Litigation - Environmental (2012-2020)
  • Selected by Chambers USA "Leaders in their Field" for Natural Resources & Environmental Law, Ohio (2004-2019)
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2007-2019)

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

  1. Alerts
    Ohio Supreme Court Rules in Landowner Royalty Case (Nov 7, 2016)
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights (Sep 19, 2016)
    Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases (Sep 19, 2016)
    Ohio Appeals Court Remands Case to Trial Court for Assessment of "Reasonableness" in Delay of Repairs to Well (Dec 2, 2015)
    Ohio Supreme Court Issues First Opinion Interpreting the Dormant Mineral Act (Jun 18, 2015)
  2. 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)
  3. Presentations
    "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
    "Ohio Wetlands and Stream Mitigation Update - The Rules of the Game Continue to Change" - National Association of Industrial and Office Properties-Dayton, Cincinnati & Central Ohio Chapters
  4. Firm News
    66 Roetzel Attorneys Named to 2020 The Best Lawyers in America© List (Aug 15, 2019)
    Roetzel Receives Top Rankings in Chambers USA 2019 (May 2, 2019)
    32 Roetzel Attorneys Honored as 2019 Ohio Super Lawyers and Rising Stars (Dec 11, 2018)
    Seven Roetzel Attorneys Named "Lawyer of the Year" by Best Lawyers® (Aug 20, 2018)
    Over 50 Roetzel & Andress LPA Attorneys Named to 2019 The Best Lawyers in America© List (Aug 17, 2018)