Kevin Barley is more than just a litigator and has truly earned the role of trusted advisor in the eyes of his clients. As a commercial litigator with first chair jury trial experience, Kevin helps clients in the energy, manufacturing, and construction industries avoid, mitigate, and resolve costly and disruptive disputes. Clients appreciate that Kevin takes the time to learn the ins and outs of their business and industry, all with a goal of developing a creative and successful dispute strategy.
Kevin is adept at working with technical experts to develop relevant work product and testimony, drive investigation and remediation projects, and discredit opposing experts for administrative and litigation matters.
Kevin has a diverse legal background and often combines his experience in environmental, litigation, regulatory, and business transactions to guide his clients toward their greatest success.
- Co-lead counsel representing an oil and gas company permittee in a series of hearings before a township’s zoning hearing board to successfully defend constitutional challenge to township’s drilling ordinance and drill permit; hearings involved examination of technical experts on land use, construction, environmental, and health and safety matters and acoustical engineering analysis; continued representation of permittee and successor in interest in subsequent appeals to the Pennsylvania Supreme Court and successful remand to the Commonwealth Court
- Co-lead counsel representing prime construction contractor joint venture on a federal nuclear construction project on variety of business, procurement, investigation, and construction matters, including domestic and international fabrication subcontractors’ claims involving defective design specifications, delay damages, attorneys’ fees, and punitive damages
- Lead counsel representing an oil and gas company in hearings before the Pennsylvania Environmental Hearing Board (EHB) to successfully defend landmark constitutional challenge to PADEP drilling permits
- Represented midstream client in administrative hearings before the Pennsylvania Public Utility Commission
- Counseled numerous clients regarding environmental risk and indemnity matters arising from facility divestitures
- Defended industrial facility owner and operator against CERCLA, New Jersey Spill Act, and ancillary claims involving PCBs, metals and other constituents impacting soil, groundwater, and/or adjacent waterway sediment
- Obtained summary judgment for defendant design engineer in claims by contractor against municipal authority and design professional relating to design and construction of combined sewer separation project in Armstrong County, Pennsylvania
- Obtained an emergency injunction in Butler County to preserve oil and gas company’s use of temporary water line for active frac operation despite landowner’s trespass claims and threat of self-help remedy, resulting in favorable settlement
- Litigated defective design and construction claims against cell tower manufacturer
- Successfully tried to verdict as second chair a claim against PennDOT before the Pennsylvania Board of Claims pertaining to bridge construction project, changed conditions, and extra work
- Counseled oil and gas companies regarding mineral ownership uncertainties, including PA DCNR’s claim to own minerals underlying most streams and ownership of minerals underlying various types of Ohio roadways
- J.D. University of Pittsburgh School of Law
- B.A. Susquehanna University