Margaret A. DeSimone, Esq.
While at Sunoco, Ms. DeSimone leveraged her environmental and chemical engineering background to provide legal and technical assistance for all aspects of Sunoco’s highly regulated petroleum refining and marketing business, including, without limitation, refining; chemical processing; ethanol; co-generation facilities; various channels of marketing such as co-op, franchise, distribution, and wholesale branded marketing; the PMPA; product distribution; commodity trading; OTC derivatives; maritime; procurement; real estate; licensing; transportation; racing fuels; pricing; antitrust; credit card portfolio; reserve setting; training; and corporate credit issues.
Ms. DeSimone’s extensive commercial contracting experience includes commodity sales and purchase agreements, exchange agreements, NAESBs, electricity agreements, lightering agreements, franchise agreements, transportation agreements, procurement contracts, distribution contracts, sponsorship agreements, private label card and fleet card agreements, ATM and bank branding agreements, credit arrangements, and toll road agreements. Ms. DeSimone has structured numerous real estate divestments and acquisitions, leases, access agreements, condemnations, and business/asset purchases and sales. She also advises on various plant utility issues, including intake water, wastewater, steam, and electricity.
Ms. DeSimone’s wealth of environmental and regulatory experience includes counseling on the remediation and development of contaminated properties; air, water, and waste regulations and associated permitting, such as, Title V and NPDES; storage tank programs; US Customs regulations; fuels compliance and RINs regulations; RCRA; CERCLA; OSHA; Brownfields; Prop 65; and FIFRA. She regularly negotiates with regulators from Federal, State, and Local environmental agencies concerning remediation, compliance, covenants, and consent decrees. Ms. DeSimone counsels clients on compliance and the economic impact of federal and state environmental regulations, reporting and recordkeeping, HES audit initiatives at plants and service stations, fuel quality audits, permitting, state and federal agency inspections, responses to agency requests for information, and comments on proposed regulations. Ms. DeSimone has counseled numerous businesses on environmental contamination claims, complex multi-party issues, third-party health claims, personal injury claims, and fuel quality claims.
- Corporate Law
- Environmental Law
- Regulatory Compliance
- Sunoco Inc., Senior Counsel – Newtown Square, PA
- Chevron USA Products, Environmental Engineer – Philadelphia, PA
- New Jersey
- Philadelphia Bar Association
- New Jersey Bar Association
- Environmental Inn of Court
- Society of Women Engineers
- J.D., Rutgers University School of Law
- B.S., Chemical Engineering, Rutgers University
- Quarterbacked the sale of a power generation company whose assets included a cogeneration facility. This transaction involved multiple easements and complex service agreements as the cogeneration facility was located within a property which continues to be operated by an affiliated but separate entity. The deal also involved the successful conversion of the existing Qualifying Facility status to Wholesale Generator status for the new owner.
- Counseled a Petroleum Marketer through a complex property remediation project that also involved the successful resolution of environmental concerns and third-party claims. In this situation, her client’s alleged release from an underground storage system and releases from other third-party sources resulted in low level impact to over a hundred homeowner potable wells. The process included public meetings, negotiation of a consent order with a regulatory agency, treatment of homeowner potable water and a new source of public water to the vicinity.
- Led acquisition team in the purchase of a substation and associated real property at client’s plant where client and a neighboring parcel owner received electricity from the same substation. Elements of the deal required purchase of the substation asset, negotiation with regulatory agencies, alternate sources of electricity, and other associated service agreements between the parties. The deal allowed for synergies between the two businesses to be realized while averting potential regulatory concerns for both parties.
- Represented client in complex contract negotiations with a distributor of beverages, cigarettes, candy, proprietary products and majority of other convenience store goods for delivery of products to all co-op and franchise locations along the East Coast. The contract took into account client concerns such as pricing, timing of deliveries v. store staffing, keeping top selling products in inventory, safety, and delivery of fresh foods as well as other key performance indicators important to the client.
- Represented client in contract negotiations of private label card and fleet card arrangements with banking institutions where the result was a successful credit card offering to all of client’s consumer customers as well as fleet customers, with competitive rates and cardholder advantages in relation to competitor credit card offerings.
- Represented a petroleum marketer in the negotiation and resolution of various matters where notices of violation were issued by state regulatory agencies, with the resolution inclusive of remedying any alleged non-compliance, reaching common understanding between the client and agency on expected conduct going forward, and a reduction in penalties.
- Negotiated on behalf of client in numerous cost recovery actions brought by state spill fund, wherein the parties were able to achieve a reasonable allocation of costs while maintaining a good working relationship with the state agencies.
- Represented client in regulatory agency criminal investigation related to alleged NPDES violations, where the result included no criminal charges against the employer or employees and a negotiated civil penalty and consent order.