Jennifer A. Smokelin

Jennifer A. Smokelin



  • 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 as well as the international arena.

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 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. As well as being a delegate at the Paris climate talks and other international climate negotiations, 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 international climate arena as well as 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 groundbreaking air permitting aggregation litigation as well as 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
    • Chair, Women's Initiative Network of Reed Smith (Pittsburgh Office)
  • 1996 - Babst Calland
  • 1992 - Reed Smith

Professional Affiliations

  • Delegate to the 21st Conference of the Parties (COP21) under the United Nations Framework Convention on Climate Change in Paris, France, December 2015 (the "Paris Climate Talks")
  • Allegheny County Bar Association
  • Denis Theatre Foundation (a small nonprofit dedicated to renovating and revitalizing a community arts center) – Member of Advisory Board
  • 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

In the Press

Notable Quotes

  • 16 February 2016 "Clean Power Plan could sway on US Supreme Court appointment" ICIS
  • 11 February 2016 "Some States Halt Clean Power Plan Work In Wake of Stay but Others Forge On" Bloomberg BNA Daily Environment Report
  • 1 February 2016 "Pa. Methane Rules May Be Tougher Than Federal Standards" Law360
  • 14 December 2015 “Attorneys React To The Paris Climate Change Deal” Law360
  • 25 November 2015 "Global Climate Deal Would Boost CPP's Survival Chances” Law360
  • 6 November 2015 “RGGI Will Hear Input From Stakeholders On EPA’s Clean Power Plan” Bloomberg BNA’s Daily Environment Report
  • 24 March 2015 “RGGI Develops Principles for Potential of Other States to Join Regional Initiative” Bloomberg BNA’s Daily Environmental Report
  • 3 June 2014 “China Emissions Cap To Push US Toward Strict Climate Regs” Law360
  • 20 November 2013 “New Obama Climate Czar Brings Fresh Energy Perspective” Law360
  • 12 November 2013 "Typhoon Devastation Shakes Up Global Climate Talks" Law360
  • 16 October 2013 "Supreme Court Agrees to Hear Challenges to Greenhouse Gas Permitting Requirements Bloomberg BNA
  • 22 February 2011 "GHG Rules' Low Cost Won't Curtail Legal Storm" Law360