Brian P. Downey is a partner in and co-chairman of the Commercial Litigation Practice Group with Pepper Hamilton LLP, resident in the Harrisburg office. He also is a member of the firm's Executive Committee. Mr. Downey's litigation practice covers a broad range of matters including, commercial disputes, product liability claims, employment discrimination claims and environmental litigation.
Mr. Downey has successfully represented current and former landowners in private cost recovery actions arising under CERCLA and the Pennsylvania Hazardous Sites Cleanup Act (HSCA) in federal and Pennsylvania state courts. He has obtained a substantial judgment in favor of a current landowner plaintiff and has obtained dismissal of claims or otherwise obtained favorable settlements of claims against former landowner defendants. Mr. Downey also has represented permit holders in proceedings before the Pennsylvania Environmental Hearing Board. He has represented companies in cases before the Commonwealth Court of Pennsylvania challenging actions by the Pennsylvania Department of Environmental Resources (DER), including one in which he and his colleagues were able to obtain a settlement valued in excess of several million dollars of a claim against DEP.
Mr. Downey has tried cases in federal and state courts and has substantial experience in the use of Alternative Dispute Resolution (ADR) to resolve cases. He also has been involved in numerous administrative proceedings in various state and federal governmental agencies.