Clifford B. Levine

Cliff has significant experience in complex commercial and governmental litigation, including construction, land use, environmental, energy and public election law. His practice frequently combines his extensive litigation and appellate background, reflected in his membership with the Academy of Trial Lawyers of Allegheny County, with his political and governmental skills, where he recently was recognized as one of the 100 most politically influential individuals in Pennsylvania. Cliff is listed in Best Lawyers of America and as one of Philadelphia Magazine’s “Pennsylvania Super Lawyers,” an honor bestowed upon the top five percent of Pennsylvania’s lawyers.

Experience

Cliff has a diverse practice that frequently involves the interplay between law and government. He has assisted real estate developers, independent power producers, energy companies, telecommunications firms and others in obtaining permits, contracts and governmental approvals through both negotiation and litigation. In addition, he has extensive experience representing private litigants, particularly in the areas of commercial, real estate and construction law.

Cliff has served as solicitor to a large municipal water and sewage authority with annual revenues in excess of seventy million dollars, and as special counsel to a number of state agencies, including the Pennsylvania Department of Community and Economic Development, where he has represented the state in litigation associated with efforts to restore fiscally distressed municipalities.  He has also chaired an advisory group representing 60 municipalities and authorities in negotiating consent orders with regulatory entities to address regional sewage issues.

A significant aspect of Cliff’s practice involves a wide array of appellate litigation, including landmark cases before the Pennsylvania Supreme Court in the areas of real estate tax exemption for colleges and universities, and the interplay between state environmental regulations and local land use ordinances with respect to oil and gas drilling.

Recently, Cliff served as Chair of Barack Obama’s Western Pennsylvania Steering Committee. He was a delegate for Mr. Obama at the 2008 Democratic National Convention and a member of Mr. Obama’s National Finance Committee. He also served as Western Pennsylvania Election Counsel for the Obama-Biden Campaign. In 2006, he served as statewide Election Law Coordinator to the Senate Campaign of Bob Casey, Jr. and the Gubernatorial Campaign of Ed Rendell.

Cliff has been a faculty member for numerous PBI seminars and frequently a course planner for real estate and environmental forums. He has been a guest lecturer at the University of Pittsburgh’s Graduate School of Public and International Affairs, and Duquesne Law School, and is the author of articles involving subjects in his various practice fields.  In addition, he has participated in commercial and construction arbitrations, is qualified as an AAA Construction and Commercial Law Arbitrator, and as a court-appointed special master.  He served as a law clerk to the Honorable David W. Craig of the Pennsylvania Commonwealth Court.

Select Recent Representative Matters

• Established scope of statewide preemption associated with local regulation of gas drilling operations under the Oil & Gas Act.  Huntley & Huntley, Inc. v. Borough of Oakmont, 964 A.2d 855 (Pa. 2009).

• Represented the Pennsylvania Department of Community and Economic Development in establishing relationship of Act 47 Recovery Plan with public labor arbitration process.  City of Scranton v. Fire Fighters Local Union No. 60, 964 A.2d 464 (Pa. Cmwlth. 2009); Fraternal Order of Police v. Yablonsky, 867 A.2d 658 (Pa. Cmwlth. 2005) (en banc) and Pittsburgh Fire Fighters Local No. 1 vs. Yablonsky, 867 A.2d 666 (Pa. Cmwlth. 2005) (en banc).

• Represented Washington & Jefferson College in landmark State Supreme Court case establishing real estate tax-exemption status for independent college qualifying as a “public charity” under she state constitution.  City of Washington v. Board of Appeals of Washington County and Washington & Jefferson College, 550 Pa 175, 704 A.2d 120 (1997).

• Represented independent power producers in Pennsylvania Supreme Court cases involving interplay of federal and state law in compelling mandatory energy purchases.  See Armco Advanced Materials Corporation, et al. v. Pennsylvania Public Utility Commission, 535 Pa. 108, 634 A.2d 207 (1993) (“Milesburg II”) Pennsylvania Supreme Court, cert. denied, 115 S. Ct. 311 (1994); Pennsylvania Electric Company v. Pennsylvania Public Utility Commission and American Power/CMS Generation, 544 Pa. 475, 677 A.2d 831 (1996).

• Represented developers of alternative fuel power plant in obtaining land use approvals to operate.  Erie Renewable Energy, LLC v. Zoning Hearing Board of Erie, No. 12547-2009, Court of Common Pleas of Erie County (2010).

• Represented wireless carriers in Third Circuit cases involving interplay between Federal Telecommunications Act and state law.  Nextel West Corp. v. Unity Township, 282 F.3d 257 (3d Cir. 2002); APT Pittsburgh Limited Partnership v. Penn Township, 196 F.3d 469 (3d Cir. 1999).

• Represented Pennsylvania State Democratic Committee in challenge to third party U.S. Senate Candidate.  In re Nomination Papers of Rogers, Pennsylvania Supreme and Commonwealth Courts, 913 A.2d 298 (Pa. Cmwlth, (2006) and 914 A.2d 457 (Pa. Cmwlth, 2006).

• Counsel to Pennsylvania Democratic Committee and Committee to Elect Dan Onorato in federal and state court litigation involving third-party delivery of absentee ballots and related issues of jurisdiction and federal court abstention.  John Pierce and Thomas Stepnick v. Allegheny County Board of Elections, United States District Court for the Western District of Pennsylvania, C.A. No. 03-1677 (November 2003); In re: Canvass of Absentee Ballots of November 4, 2003 General Election, 843 A.2d 1223 (Pa. 2004).

• Represented governmental entity in multi-million dollar claim involving installation of a computer billing and customer service system.  ALCOSAN vs. Deloitte Consulting, LLC and Deloitte & Touche, LLP, Court of Common Pleas of Allegheny County, G.D. 00-8729 (2005).

• Defended sanitary landfill in five-week jury trial involving private nuisance claims.  Suchy et al v. Kelly Run Sanitation, Inc., Court of Common Pleas of Allegheny County, G.D. No. 95-14391 (1999), affirmed, 148 P.L.J. 229 (2000).

• Successfully represented general contractor in multi-million dollar Illinois AAA arbitration brought against its consortium partner, a German equipment supplier, in case involving contract interpretation issues and evaluation of extra work claims concerning construction of a Vacuum Degasser built in a steel mill.  Private arbitration AAA matter, Chicago, Illinois.

Additional Roles

• Fellow, Allegheny County Academy of Trial Lawyers (2005-present)

• Vice Chair, City of Pittsburgh Planning Commission (1994-2006)

• Vice Chair, City of Pittsburgh Zoning Board of Adjustment (1994-2006)

• Board Member, American Jewish Committee (2003-2005)

• Member, Allegheny County Executive Dan Onorato’s Transition Team, Committee of Municipal Cooperation (2004)

• Member, Governor Ed Rendell’s Transition Team - Committee on Judicial Issues (2003)

• Member, Allegheny County Executive James Roddey’s Transition Team - Committee on Engineering and Public Works (1999)

• Guest Lecturer, University of Pittsburgh and Duquesne Law School

Representative Publications & Presentations

• “Drilling in the Marcellus Shale: Leasing, Land Use & Environmental Issues,” PA Bar Institute's Statewide Real Estate Conference, December 2, 2010

• “Drilling for Marcellus Shale: The Interplay between State and Local Regulatory Oversight,” PBI Real Estate Institute, PBI No. 2010-6037

• “State and Local Regulation of Oil and Gas Operations: Drilling Through the Maze of Preemption, Several Mineral Estates and Surface Owner Rights,” Energy & Mineral Law Institute, Vol. 29, Chapter 11, 2008

• “A Step Towards Cleaner Rivers: Pittsburgh’s New Dye Testing Ordinance,” Real News, June 2006

• Presenter, “Eminent Domain: For the Public Good or Private Gain?” (involving Kelo v. New London), Urban Land Institute, September 2005

• “United Artists: Reviewing the Conscience Shocking Test Under Section 1983,”  1 Seton Hall Circuit Review 101, Spring 2005

• “Pittsburgh — Yes, we can:  Cutting through the fiscal despair, Clifford B. Levine outlines a plan for achieving a dynamic region,” Pittsburgh Post Gazette, Forum, February 15, 2004

• “Legal Developments Affect Charitable Tax Exemption Status,” PA CPA Journal, Winter 2003

• “Regional Branding: The Emerging Pittsburgh,” Pittsburgh Post Gazette, Forum, December 29, 2002

• “In the Spotlight: With Regional Sewer Initiative Looming, Lawyer Takes Post at Water and Sewer Authority,” Pittsburgh Post Gazette, Forum, May 5, 2002

• “Post–Election Litigation in Pennsylvania,” 41 Duquesne Law Review 153, Fall 2002

• “Gulf Power: Cable Broadband Defies Simple Categorization,” Real Property, Probate and Trust Law Newsletter (Pennsylvania Bar Association), Spring 2002

• “Bush v. Gore: “Who Exactly was the Supreme Court Protecting?” Lawyers Journal, Vol. 3, No. 1, January 12, 2001