Jennifer A. Smokelin

Counsel

Education

  • University of Pittsburgh School of Law, 1992, J.D., summa cum laude, Managing Editor, University of Pittsburgh Law Review; Order of the Coif
  • University of Pennsylvania, 1986, B.S.E., Systems Science and Engineering; Minor: Wharton School, Decision Sciences

Professional Admissions / Qualifications

  • Pennsylvania

Jennifer is a bright, energetic thought-leader on environmental and emerging energy issues, greenhouse gas legislation, and related environmental issues in the RGGI states, California, and the European Union.

Jennifer represents clients in a broad range of environmental and energy issues, including environmental civil enforcement and litigation matters, as well as regulatory and transactional issues for energy and manufacturing companies. Her practice focuses on all aspects of regulatory and litigation counseling in the fields of environmental, natural resource, and energy law, with a particular emphasis on emerging air issues. She draws upon her experience in business and engineering to incorporate regulatory compliance into sound business strategies.

Whether in Pennsylvania or lecturing across the country, she dedicates herself to her clients, her profession, and her community, helping clients understand the potential impact, strengths and weaknesses, and business opportunities of emerging energy, environmental and greenhouse gas issues. She has shared speaking engagements with the White House special assistant to the president for energy and climate change.

Additionally, Jennifer is very proud to be vice chair of the Pittsburgh Women's Initiative Network of Reed Smith, where she works to promote a support network among women in the firm’s award-winning women’s program, and to further women’s career advancement and professional development.

Energy and Greenhouse Gas Experience

Jennifer has argued before administrative tribunals on emerging Clean Air Act issues, developed standardized trading agreements for carbon projects on California, and performed due diligence on major acquisitions in the Marcellus Shale play. She has led or participated on teams in some of the most significant air appeals and hearings on aggregation issues for the oil and gas industry in Pennsylvania.

Jennifer's clients include energy companies (large and small), textile manufacturers, battery recycling facilities, iron and steel manufacturers, petroleum refiners, chemical producers, chapter 11 bankruptcy debtors and creditors, landfill operators, and municipalities and municipal redevelopment authorities. She has represented clients in the state courts of Pennsylvania, Ohio and West Virginia; in the U.S. District Courts throughout the Midwest and the Eastern United States; and in the U.S. Circuit Courts of Appeal for the Third Circuit and the District of Columbia.

Environmental Litigation Experience

Jennifer also represents clients in a broad range of environmental issues, including environmental civil enforcement and litigation matters concerning the Clean Air Act, Superfund, RCRA, and the Clean Water Act, as well as various state law equivalents. She has been involved with several successful Title V permitting challenges for Pennsylvania clients, along with defending toxic tort and property damage claims based on the discharge of hazardous pollutants into the air, soil, surface and groundwater.

Environmental Due Diligence Experience

Jennifer is a key player in due diligence on major acquisitions in the Marcellus Shale play. She has reviewed and evaluated environmental assessments involving multiple facilities at diverse locations in the United States, Canada and Mexico, and she helps clients understand the pros and cons of alternative provisions and different structures for doing business. Jennifer advises clients, including REITs, with the purchase of real estate, on qualifying as bona fide purchasers under CERCLA or meeting the test for innocent landowner and contiguous property owner defenses, and obtained liability protection for buyers of contaminated property under various state programs.

Employment History

  • 2001 - Reed Smith
    • Vice Chair, Women's Initiative Network of Reed Smith (Pittsburgh Office)
  • 1996 - Babst Calland
  • 1992 - Reed Smith

Professional Affiliations

  • Allegheny County Bar Association
  • Denis Theatre Foundation (a small non-profit dedicated to renovating and revitalizing a community arts center) – President of the Board of Directors
  • Pennsylvania Bar Association – Member of the Environmental, Mineral, and Natural Resources Section
  • University of Pittsburgh School of Law – Adjunct Professor of Law, Teaching "Climate Change and the Law" (a course that is designed to help a new generation of lawyers understand the science, law, and business of climate change)
  • Delegate to the 15th Conference of the Parties (COP15) under the United Nations' Framework Convention on Climate Change in Copenhagen, Denmark, December 2009

Press Releases

Notable Quotes