Carol F. McCabe

Top rated Environmental attorney in Bala Cynwyd, Pennsylvania

Manko, Gold, Katcher & Fox, LLP
Carol F. McCabe
Manko, Gold, Katcher & Fox, LLP

Practice Areas: Environmental

Licensed in Pennsylvania since: 1996

Education: University of Pennsylvania Law School

Selected to Super Lawyers: 2012 - 2025 Selected to Rising Stars: 2005 - 2008, 2010 - 2011

Manko, Gold, Katcher & Fox, LLP

Three Bala Plaza East
Suite 700
Bala Cynwyd, PA 19004 Phone: 484-430-2304 Email: Carol F. McCabe Visit website

Carol is the managing partner of Manko, Gold, Katcher & Fox LLP, working in the firm's complex industrial and regulatory practices.  She has worked with a broad range of industrial clients in the manufacturing, energy and waste management sectors. Carol counsels clients on a wide variety of environmental issues, including permitting, compliance and enforcement matters related to air emissions, storage tanks, stormwater, wastewater, and hazardous and non-hazardous waste. She has assisted clients with regulatory compliance, environmental auditing, emergency planning, permit appeals, and defense of agency enforcement actions.

First Admitted: 1996, Pennsylvania

Professional Webpage: http://www.mankogold.com/people-Carol-McCabe.html

Bar/Professional Activity:
  • Support Center for Child Advocates Volunteer attorney, since 2007
  • Pennsylvania Environmental Council,  Chair, Board of Directors, 2014 to present
  • American Bar Association, Section of Environment, Energy and Resources
  • Society of Women Environmental Professionals
  • Member of the Board of Directors of the Pennsylvania Environmental Council since 2003
  • Bar admissions in Pennsylvania, New Jersey, District of Columbia Circuit Court of Appeals, Eastern District of Pennsylvania
  • Pennsylvania Bar Association, Environmental, Mineral, and Natural Resources Law Section
  • Philadelphia Bar Association, Environmental Law Committee
  • Board of Directors of the Friends for Lemon Hill since 1999-2020
Honors/Awards:
  • American College of Environmental Lawyers Fellow, since 2019, Fellow, American College of Environmental Lawyers
  • The Best Lawyers® in America listing (environmental law/energy regulatory law), since 2013. The Best Lawyers list is issued by Woodward/White Inc. Click here to view the selection methodology. , The Best Lawyers® in America listing (environmental law/energy regulatory law), since 2013., Woodward/White Inc.
  • Pennsylvania Super Lawyers Top 100 List for Philadelphia (since 2018); Top 50: Women Pennsylvania Super Lawyers listing, since 2017; Environmental law, since 2012;  "Rising Star" listing (environmental law), 2005- 2008 and 2010-2011; and New Jersey Super Lawyers listing (environmental law), 2009-2011. The Super Lawyers list is issued by Thomson Reuters. Click here to view the selection methodology., Pennsylvania Super Lawyers Top 100 List for Philadelphia (since 2018); Top 50: Women Pennsylvania Super Lawyers listing, since 2017; Environmental law, since 2012; , Thomson Reuter
  • Chambers USA - America's Leading Lawyers for Business listing (environmental law), since 2011. The Chambers list is issued by Chambers and Partners. Click here to view the selection methodology., Chambers USA - America's Leading Lawyers for Business listing (environmental law), Chambers and Partners
Educational Background:
  • Holy Cross College, B.A., cum laude, Phi Beta Kappa, 1993
Scholarly Lectures/Writings:
  • The coming year is likely to be active in the realm of New Source Review, with the Biden Administration moving forward with several actions that will reverse prior administrations and serve to tighten New Source Review requirements.  First, in December 2022, EPA rescinded the policy memo by former EPA Administrator Scott Pruitt titled “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected Actual Applicability Test in Determining Major Modification Applicability.” It was no surprise that EPA rescinded this Trump-era memo, which had as its centerpiece a pronouncement that EPA would not “second-guess” projected actual emissions estimates by permittees, particularly where actual emissions remain below significance thresholds after the change in question.   Perhaps an indicator of future enforcement priorities, EPA’s recission of the Pruitt memo serves to remind permittees to proceed carefully through NSR applicability determinations because they may be examined in detail after the fact, including calculations of projected actual emissions and the role of the demand growth exclusion in that context. , Author, New Source Review: What to Expect in 2023, MGKF Special Alert - Federal Forecast 2023, 2023
  • As published in our Special Alert in May 2022 and subsequently updated, the City of Philadelphia’s Air Management Services (AMS) is anticipated to continue advancement of a substantive rulemaking package into 2023 seeking revisions to existing Air Management Regulation VI Control of Emissions of Toxic Air Contaminants (the “AMR VI”). , Co-author, Air Management Services Expected to Continue Advancement of Air Toxics Regulations Requiring Health Risk Assessments, MGKF Special Alert - Pennsylvania Forecast 2023, 2023
  • EPA’s regulatory actions to implement the Clean Air Act’s New Source Review (NSR) permitting program over the last three decades have been high on the radar for major sources of air emissions, and 2022 will be no different. , Author, New Source Review: What to Expect in 2022, MGKF Special Alert - Federal Forecast 2022, 2022
  • On March 28, 2022, the Environmental Protection Agency (EPA) published a proposed rule which would require planning for worst case discharges of hazardous substances under the Clean Water Act (CWA). The proposed rule would apply to onshore non-transportation related facilities that, because of their location, could reasonably be expected to cause substantial harm to the environment by discharge of CWA hazardous substances into navigable waters, adjoining shorelines, or exclusive economic zones. , Co-author, EPA Proposed Rule on Clean Water Act Worst Case Discharge Planning, MGKF Special Alert, 2022
  • On March 12, 2022, the Pennsylvania Department of Environmental Protection (PADEP) published in draft its proposed Environmental Justice Policy (Policy) for comment.  As drafted, the Policy clarifies the role of the PADEP’s Office of Environmental Justice (OEJ), the PADEP’s priorities for inspections, compliance and enforcement in Environmental Justice areas (EJ Areas), and principles for community development and investment. , Co-author, The Pennsylvania Department of Environmental Protection Releases Draft Environmental Justice Policy, MGKF Special Alert, 2022
  • On January 3, 2022 the New Jersey Department of Environmental Protection (NJDEP) published a significant proposed rulemaking that would affect owners and operators of cargo handling equipment at ports and intermodal rail yards (the CHE Rule). , Author, New Jersey Proposes Regulations for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yard, MGKF Special Alert - New Jersey Forecast 2022, 2022
  • The Clean Air Act New Source Review (NSR) program is notoriously complex and has been subject to a long history of rulemakings, guidance, applicability determinations and court decisions that have affected the manner in which NSR applicability is determined.  Intended to force pollution control upgrades when new major sources are built or existing major sources are modified, addressing NSR permitting requirements can be time-consuming and costly, including the Prevention of Significant Deterioration (PSD) program for NAAQS attainment areas (requiring ambient air quality analyses and the application of Best Available Control Technology) and the Non-Attainment New Source Review program for NAAQS nonattainment areas (requiring emissions offsets and the application of Lowest Achievable Emission Rate)., Author, New Source Review: Issues to Watch, MGKF Special Alert - Federal Forecast 2021, 2021
  • This year will be busy for NJDEP, with the state’s wide-ranging efforts to address climate change moving into a rulemaking phase.  New Jersey’s Protecting Against Climate Threats (PACT) initiative was launched via Governor Murphy’s Executive Order No. 100 in early 2020., Co-Author, New Jersey PACT – Regulatory Activity to Expect in 2021 for Control of Greenhouse Gas Emissions and Land Use Regulation, MGKF Special Alert - New Jersey Forecast 2021, 2021
  • As we pass the halfway point of 2020, much of the news that has involved the U.S. Environmental Protection Agency (EPA) has focused on its response to the COVID-19 pandemic. EPA has issued important guidance relating to EPA’s exercise of enforcement discretion for compliance obligations affected by the pandemic. See Enforcement and Compliance Assurance Program Memorandum. EPA has not, however, slowed its rulemaking efforts. EPA’s 2020 actions include a change in the manner in which it considers “co-benefits” in its cost benefit analyses in the context of hazardous air pollutants, and a change in its approach to the issuance and management of guidance documents. EPA has also moved closer to establishing national drinking water standards for Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS). And although not initiated by EPA, the agency is expected to conform to new policy issued by the Department of Justice that discontinues the use of Supplemental Environmental Projects (SEPs) in settlement agreements., Co-Author, Significant EPA Actions of 2020, MGKF Special Alert, 2020
  • The Trump administration and the EPA ended the decade with a number of policy announcements and rulemaking that we predicted in our 2019 forecast.  In particular, EPA’s repeal of the Obama administration’s Waters of the United States (WOTUS) rule became final in December. EPA also undertook rulemaking actions and issued several memoranda relating to certain New Source Review permitting policies under the Clean Air Act at the end of 2019.  Additionally, EPA promulgated the final Affordable Clean Energy rule, which replaced the Clean Power Plan implemented during the Obama administration.  Although EPA largely continued its deregulatory focus during 2019, EPA also took steps to address the emergence of per- and polyfluoroalkyl substances (PFAS), and announced the next chemicals to undergo risk evaluation under the Toxic Substances Control Act (TSCA). , Co-Author, Overview of Federal Activities, MGKF Special Alert - Federal Forecast 2020, 2020
  • On March 26, 2020, EPA’s Assistant Administrator for Enforcement and Compliance Assurance, Susan Parker Bodine, issued a temporary enforcement discretion policy relating to violations of environmental legal obligations during the COVID-19 outbreak entitled “COVID-19 Implications for EPAs Enforcement and Compliance Assurance Program” (the “Policy”). , Co-Author, Summary of EPA COVID-19 Enforcement Policy, MGKF Special Alert, 2020
  • The year 2020 may be the year that the Trump administration moves forward with rolling back vehicle greenhouse gas emissions standards set during the Obama administration in 2012.  In August 2018, EPA and the National Highway Traffic Safety Administration (NHTSA) proposed the “Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks” (SAFE Vehicles Rule).  The proposed rule would amend the fuel economy and tailpipe carbon emissions standards for passenger cars and light trucks through model years 2021 through 2026.  The SAFE Vehicles Rule would maintain the fuel economy and tailpipe emissions standards applicable to vehicle model year 2020 through model years 2021 to 2026, while taking comment on a range of alternative fuel economy and carbon dioxide emissions standards, Co-Author, Vehicle Emissions Standards, MGKF Special Alert - Federal Forecast 2020, 2020
  • In early January, the Trump administration and the Council on Environmental Quality (CEQ) proposed new regulations related to the process and implementation of NEPA.  CEQ published an advance notice of proposed rulemaking in 2018 soliciting public comment on suggested revisions of NEPA regulations “to update the regulations and ensure a more efficient, timely, and effective NEPA process.”  CEQ also asked for public comment on the potential revision of key NEPA terms involving the scope of NEPA, cumulative impacts of proposed projects subject to NEPA review, and major federal action.  The rulemaking proposed in early January of this year includes a number of revisions intended to streamline the process and implementation of NEPA on federal agency actions, including establishing page limits for environmental assessments (EAs) and environmental impact statements (EISs) (75 pages and 300 pages, respectively), and time limits for the completion of EAs and EISs (1 year and 2 years, respectively)., Co-Author, National Environmental Policy Act Rulemaking to Revamp Environmental Project Reviews, MGKF Special Alert - Federal Forecast 2020, 2020
  • At the end of 2019, EPA announced the next twenty chemicals to undergo risk evaluation under TSCA. The twenty high priority chemicals that will undergo risk evaluation include seven chlorinated solvents, six phthalates, four flame retardants, formaldehyde, a fragrance additive, and a polymer precursor.  Under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended TSCA on June 22, 2016, EPA is required to carry out a prioritization process for chemical substances that may designed as high priority for risk evaluation. , Co-author, Toxic Substances Control Act Developments, MGKF Special Alert - Federal Forecast 2020, 2020
  • At the end of 2019, the Supreme Court heard oral argument in Atlantic Richfield Company [ARCO] v. Christian, et al. which addressed the question of whether CERCLA prevents individuals from seeking restoration damages under state common-law claims.  The Supreme Court’s decision is expected in 2020 and has the potential to upend implementation of site remediation under CERCLA., Co-Author, CERCLA Litigation, MGKF Special Alert - Federal Forecast 2020, 2020
  • “Air Regulatory Update” presented at the Chemistry Council of New Jersey Environment Committee Meeting in Princeton, NJ, February 25, 2020, Presenter, Air Regulatory Update, Chemistry Council of New Jersey Environment Committee Meeting, 2020
  • Members of the Air Quality Practice Group of Manko, Gold, Katcher & Fox, LLP, the environmental, energy and land use law firm based in the Philadelphia region, contribute a chapter covering air regulation for the recently released New Jersey Environmental Law Handbook.  MGKF co-authors include partners Carol F. McCabe, Katherine L. Vaccaro and Michael Dillon. The New Jersey Environmental Law Handbook is a collaboration of New Jersey’s most experienced environmental law practitioners to provide essential facts and insights that can be used in one resource. The Handbook breaks down some of the State’s complex environmental laws and regulations and makes them more understandable, useable and practical for readers. This is the first update to the Handbook since 2014., Co-author, Air Chapter of the 9th Edition of the New Jersey Environmental Law Handbook, New Jersey Environmental Law Handbook, 2020
  • With 2019 having come to a close, it is evident that the U.S. Environmental Protection Agency has largely continued its deregulatory focus during the third year of the Trump administration, with the repeal and replacement of rulemakings original undertaken during the Obama administration. The EPA has also reinterpreted certain key policies, and implemented new policies. , Co-author, The EPA's Most Significant Actions of 2019, Law360, 2020
  • “Internal Environmental Auditing:  Best Practices for the Audit Process & Protecting the Findings” presented at the Chemistry Council of New Jersey’s Plant Operations Management Workshop, Princeton, NJ, December 4, 2019, Presenter, Internal Environmental Auditing: Best Practices for the Audit Process & Protecting the Findings, Chemistry Council of New Jersey’s Plant Operations Management Workshop, 2019
  • “Air Regulatory Update” presented at the Chemistry Council of New Jersey Environment Committee Meeting in Fairfield, NJ, February 26, 2019, Presenter, Air Regulatory Update, Chemistry Council of New Jersey Environment Committee Meeting, 2019
  • President Donald Trump took of­fice last January with a keen focus on minimizing regulatory burdens imposed by the Environmental Protection Agency. In the first months of his presi­dency, Trump took aim at many Obama-era regulations, issuing a spate of executive orders promoting deregulation, reduced regulatory costs, energy independence, ex­pedited environmental reviews for infra­structure projects and economic growth. Two of these orders specifically called for the review and suspension, revision or rescission of the Clean Power Plan (CPP) greenhouse gas standards for exist­ing power plants and the Waters of the United States (WOTUS) rule defining the jurisdictional reach of the Clean Water Act.  , Author, A Year in Review: The EPA and the Trump Administration, The Legal Intelligencer, 2018
  • "The Pennsylvania Environmental Rights Amendment: Are You Ready for a New ERA?," presented at the In-House Counsel Conference of the Association of Corporate Counsel Greater Philadelphia, April 25, 2018, Presenter, The Pennsylvania Environmental Rights Amendment: Are You Ready for a New ERA?,  In-House Counsel Conference of the Association of Corporate Counsel Greater Philadelphia, 2018
  • “What’s in the Air? Permitting-Enforcement-Modeling-Continuous Monitoring” presented by MGKF and ALL4, Bala Cynwyd, PA, July 17, 2018, Presenter, What’s in the Air? Permitting-Enforcement-Modeling-Continuous Monitoring, MGKF and ALL4 program, 2018
  • "The Pennsylvania Environmental Rights Amendment: Are You Ready for a New ERA?" presented by MGKF, Bala Cynwyd, PA, February 27, 2018, Presenter, The Pennsylvania Environmental Rights Amendment: Are You Ready for a New ERA, MGKF program, 2018
  • presented at the Annual Meeting of the Food & Beverage Environmental Conference (FBEC) in Point Clear, AL, March 24, 2015, Evaluating Facility Changes Against Potential NSR Triggers - Is It Growth, Efficiency, Debottlenecking, or Merely Avoiding Breakdown?, 2015
  • presented at the Pennsylvania Bar Institute's 21st Annual Business Lawyers Institute in Philadelphia, PA, November 5, 2015, Environmental Compliance Issues in Business Transactions
  • presented at the 2016 In-House Counsel Conference of the Association of Corporate Counsel Greater Philadelphia, April 19, 2016., Pitfalls and Practice Pointers: Negotiating Contracts with Consultants and Contractors
  • presented by MGKF, Bala Cynwyd, PA, February 7, 2017, Green & the New Regime: The Economic & Environmental Impacts of a Trump Administration
  • presented at the Pennsylvania Bar Institute's Environmental Law Forum in Harrisburg, April 5, 2017, Planners' Roundtable
  • April 15, 2014; co-authored by members of the MGKF Air Quality Practice Group; New Jersey Environmental Law Handbook (Eighth Edition), Air Chapter, New Jersey Environmental Law Handbook
  • President Obama's August 2013 Executive Order 13650, "Improving Chemical Facility Safety and Security," set in motion a series of events that has the potential to greatly impact the management of chemicals at a broad range of facilities.  The executive order, issued in response to recent tragic and deadly chemical accidents such as the April 2013 explosion at a West, Texas fertiilizer facility, directs federal agencies to evaluate changes to existing chemical safety and security regulations., Federal Agencies Shine Spotlight on Chemical Facilities, The Legal Intelligencer, 2014
  • The U.S. Environmental Protection Agency (EPA) had a busy year in 2015, launching its Clean Water Rule, the Clean Power Plan, and proposed new rules for oil and gas operations, among other new regulatory developments. On the enforcement side, the EPA centered its efforts on achieving compliance, deterring future noncompliance and raising the bar for poor performers. In its Dec.16 press release describing fiscal year 2015 environmental enforcement results, the EPA noted that the year was highlighted by large cases that will reduce pollution, level the playing field for responsible companies, and protect public health in communities across the country. Looking forward to 2016, companies that are subject to complex environmental regulatory programs and the practitioners who advise them can gain an understanding of EPA enforcement trends and objectives through a review of EPA’s 2015 efforts and current enforcement policies., EPA's Environmental Enforcement: What Will 2016 Bring?, The Legal Intelligencer, 2016
  • Enforcement efforts by the U.S. Environmental Protection Agency in the past year havebeen dominated by the agency’s response to high-visibility cases along with its continuing focus on its identified enforcement priorities. In announcing its 2016 annual enforcement and compliance results for the fiscal year spanning from Oct. 1, 2015, to Sept. 30, 2016, the EPA highlighted certain high-impact cases as well as significant investments in pollution controls resulting from its enforcement efforts aimed at site remediation and curbing air emissions, water and stormwater pollution and chemical risks., EPA's 2016 Enforcement Results: An Indicator for 2017?, The Legal Intelligencer, 2017

Office location for Carol F. McCabe

Three Bala Plaza East
Suite 700
Bala Cynwyd, PA 19004

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14 Years Super Lawyers
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