Mark Donatiello

Before joining Morgan Lewis, Mark spent five years as in-house counsel for a Fortune 50 refining company, assisting the litigation and regulatory departments on a diverse slate of environmental and commercial matters. Prior to that, Mark worked at a law firm in Houston, representing state governments and industry clients as part of a national environmental litigation docket.

Prior to practicing law, Mark was an industrial engineer, working on sustainability, logistics, and systems operations in warehousing and manufacturing facilities.

• Represented a US territory in a cost recovery action against the United States under CERCLA for claims related to the United States’ historic ownership and operation of the territory’s only municipal dump. Obtained summary judgment on liability in bifurcated proceedings. The case ultimately resolved a circuit split on CERCLA Section 113 contribution action statute of limitations triggers in the US Supreme Court, and resulted in an initial settlement on past costs of nearly $50 million. 
• Represented the owner of a former refinery site in a two-decade-long state enforcement action to abate a nuisance caused by historic contamination of the facility. Brought action for state law contribution claims on behalf of client against the owners of historic pipelines that crossed and contaminated the facility. Obtained favorable settlements from third parties totaling more than $50 million following significant victories in summary judgment motion practice.
• Represented the owner of a former industrial facility in reaching settlement with a state environmental enforcement agency for site remediation. Also represented that owner in a CERCLA 113 contribution action against all other potentially responsible parties. Won summary judgment on liability against prior owners and operators of the facility in bifurcated proceedings. Damages expected to exceed $250 million.
• Represented multiple refining industry parties in what has been termed on appeal as “the largest CERCLA case ever.” Obtained summary judgment from federal district court on operator liability at 12 sites across the country, stemming from US government control over industry facilities during World War II.  
• Represented pipeline owner and operator in action brought by landowner alleging pipeline leak had caused $90 million in damages to ranch property. In expert-intensive proceeding, obtained summary judgment in federal district court due to lack of injury and lack of causation.
• Assisted clients in responding to and addressing emerging regulations related to per- and polyfluoroalkylated substances (PFAS), including on site-specific sampling plan orders, investigation plans, and other agency submissions. Advised multiple refining industry parties in assessing potential liability and legal options related to PFAS and PFAS-containing products.
• Assisted multiple trade groups in drafting comments packages submitted to the US Environmental Protection Agency related to proposed PFAS regulations. Reviewed and commented on deficiencies from numerous scientific studies that formed basis of PFAS regulatory proposals for CERCLA hazardous designation, RCRA hazardous designation, and proposed Maximum Contaminant Levels. Also assisted trade groups on comments related to the Renewable Fuel Standard, Endangered Species Act, and RCRA recycling exceptions.
• Advised and assisted client in developing initial litigation defense strategy and federal court removal arguments in multi-billion-dollar climate litigation.