Kevin L. Barley

Of Counsel

Biography

Kevin Barley is more than just a litigator and has truly earned the role of trusted advisor in the eyes of his clients. Kevin has a well-rounded litigation and land use practice serving energy, manufacturing, construction, and other commercial clients through the entire lifecycle of their projects. 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 avoidance and resolution strategy.

Kevin is adept at working with technical experts to develop relevant work product and testimony, drive investigation and remediation projects, and obtain successful technical outcomes in 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.

Representative Experience

Served as co-lead counsel for an oil and gas operator/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
Served as co-lead counsel for 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
Acted as lead counsel for an oil and gas operator in hearings before the Pennsylvania Environmental Hearing Board (EHB) to successfully defend landmark constitutional challenge to PADEP drilling permits, including technical expert testimony on geology, public health and safety, and acoustical engineering
Represented midstream client in administrative hearings before the Pennsylvania Public Utility Commission
Represented net metering solar project developers and utility scale solar project developers, in coordination with their in-house developers and engineers and EPC contractors and other vendors, to navigate land use and local and state permitting hurdles throughout Pennsylvania, appear at public meetings, research and obtain municipal and county land use, land development, and stormwater approvals, facilitate state permits and approvals, and resolve project objector and adjacent landowner disputes
Represented net metering solar developers and utility scale solar developers in due diligence for acquisition projects throughout Pennsylvania, including research of zoning, land development, stormwater, and solar ordinances and related permits and approvals
Acted as lead counsel representing entrepreneurs through week-long bench trial to enforce purchase agreement and seek to compel specific performance involving purchase of oil and gas operations and interests
Acted as lead counsel representing CEO of former energy industry vendor in defense of claims by the State of Ohio to hold officer personally liable for subsidiary’s alleged permit violations
Represented industrial company in minority shareholder litigation
Represented coal clients in various disputes involving water loss and water quality claims, subsidence claims, alleged permit violations, and related administrative negotiations and appeals
Counseled numerous clients regarding environmental risk and indemnity matters arising from facility divestitures
Represented oil and gas operator in claims against vendor for causing unpermitted release of produced water
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

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Licensed In

Pennsylvania
Ohio

Education

J.D. University of Pittsburgh School of Law

B.A. Susquehanna University

Achievements

The Best Lawyers in America®, Natural Resources Law (2024-Present)

Speaking Engagements

Panelist, “Powering Progress: Navigating Solar Energy Opportunities and Challenges in Pennsylvania,” Steptoe & Johnson PLLC Webinar (June 25, 2025)

Related Services

Related News & Resources

Hosted Event | Webinar

Powering Progress: Navigating Solar Energy Opportunities and Chal...

Steptoe & Johnson hosted a webinar entitled “Powering Progress: Navigating Solar Energy O...

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