The team of Mark C. Pennington LLC and John E. Osborn P.C. is distinctive because of three attributes: experience, focus, and style of work.  The paragraphs that follow describe my own practice.  To learn about the similar attributes of John E. Osborn, P.C., I invite you to visit their website.

As a member of the environmental practice groups at Bryan Cave and Morgan Lewis, I handled a broad array of projects, including cleanups before local, state and federal agencies; multi-party Superfund proceedings; proactive compliance counseling (solid and hazardous waste, clean air, clean water, community right-to-know); compliance audits; environmental management systems; permitting and enforcement proceedings; litigation of insurance recovery and tort cases; and due diligence and contract negotiation in business transactions.  Working in an inter-disciplinary firm with offices across the country and around the world, I gained a wide perspective on different regulatory frameworks and approaches to problem solving and conflict resolution.  I learned to communicate the intricacies of government regulation and administrative process to clients and teams of diverse educational and national backgrounds.  And I developed close relationships in my local environment, with regulators and professionals in allied fields.

As a veteran of many transactions, litigations, and regulatory proceedings, I have developed a keen eye for identifying issues that can give rise to liability, and a working expertise in implementing tools to avoid and manage it.  My vision has been sharpened through lessons learned in transactional due diligence, and from the process of addressing liability issues in contractual agreements and post-closing follow-up.  In addition, I have managed remediation projects in the midst of third-party litigation and claims (adjacent landowner tort claims, insurance recovery claims, cost recovery claims). Through these experiences, I have developed sensitivity to the need to build a record and to manage communications and documents cautiously and effectively.

In remediation and spill-response projects, I have become skilled at managing situations subject to overlapping regulatory jurisdictions and oversight by multiple levels of government.  I have learned to communicate and coordinate with key officials, to seek out the most efficient and favorable processes, and to obtain forebearances and assurances.  I believe that my calm, focused, and respectful approach has gained me the respect of my government counterparts.

After 20 years of practice, I have sharpened my focus to concentrate on the endeavors in which I believe I can have the most tangible impact.  These include urban revitalization, infrastructure development and maintenance, land conservation, stewardship, and sustainability.  I continue to offer routine compliance advice and permitting assistance, and to assist in business transactions.
 

My current practice focus gives me in-depth experience and opportunities for inter-disciplinary learning:

• Brownfield development and land conservation both rely on prescriptive use restrictions to protect against harmful exposure and to conserve valuable resources.  Practitioners in both areas must give careful thought to making these restrictions clear, achievable, flexible and enforceable.  Stewardship and compliance monitoring must be thorough and regular.  When circumstances change, extreme care must be taken to approach potential modifications to these restrictions in a way that will not undermine their purpose.

• The systems approach to environmental management offers lessons to land trusts seeking accreditation.

• In the process of redevelopment and re-use, practitioners of the building sciences work together with environmental professionals to create healthy, stimulating, sustainable environments.

The common elements of these endeavors are planning for the long haul, careful monitoring, and continuous improvement through incorporation of lessons learned.  Experience in each of these fields informs and improves work in the others.
 

I am a collaborative problem solver and a team player whose goal is to manage conflict efficiently.  Having worked in an inter-disciplinary setting, I am familiar with how different professional orientations can sometimes impair effective communication.  I know how to bridge gaps and translate objectives.  I understand how to build an effective team.  I understand the value each member of the team brings to a project, and their limitations.  I know when to be visible, and when to get out of the way.  When conflict arises, I work to articulate positions clearly and respectfully, and to search for effective resolutions.  In litigation, I work with the litigation team to establish discovery objectives, select and manage experts, and develop key pleadings.
 

I have found I can be most useful to my clients by being candid and direct in reporting my findings and recommendations, concentrating on strategic, cost-effective options, and communicating clearly about implementation issues and trade-offs in managing potential liability.

I customize my work product to your needs.  I can provide full-project services, assisting with defining project scope, assembling the team, preparing the contracts and overseeing performance.  Or I can work with an existing team to provide strategic advice on an as-needed basis.          

Above all, I put a premium on follow-through.  I stake my reputation on moving from planning to realization, remaining attentive to the small details, and making sure things get done.