Brenda H. Gotanda Attorney

First Admitted: 1993, Massachusetts

Professional Webpage: https://www.mankogold.com/people-Brenda-Gotanda.html

Bar/Professional Activity:

Hawaii State Bar Association (HSBA) Environment, Energy & Resources Section: Board Member and Former Chair
Brenda serves on the Board of Directors of the Water Resources Association of the Delaware River Basin and on the Board of ThinkTech Hawaii. She is a Board member and former Chair for of the Environmental, Energy & Resources Section of the Hawaii State Bar Association. She also served on the Board of Directors of the Partnership for the Delaware Estuary and on the Board of Directors of the Delaware Valley Green Building Council. She founded the Sustainability Directors’ Roundtable and is a co-founder and Director Emeritus of the Society of Women Environmental Professionals of Greater Philadelphia. She has served as Co-Chair of the Environmental Law Committee of the Philadelphia Bar Association and as Chair of the Radnor Township Environmental Advisory Council. She also served on the Board of Directors of Shofuso Japanese House and Garden.

Videos:

Discussion of hot trends in sustainabilty reporting and sharing insights on meeting the challenges ahead , Sustainability Reporting, Manufacturers, Retailers, 2021

Special Licenses/Certifications:

LEED® Accredited Professional (BD+C)

Pro bono/Community Service:

Brenda currently serves on the Board of Directors of the Water Resources Association of the Delaware River Basin and on the Board of ThinkTech Hawaii. She previously served on the Board of Directors of the Partnership for the Delaware Estuary and on the Board of Directors of the Delaware Valley Green Building Council. She founded the Sustainability Directors’ Roundtable and is a co-founder and Director Emeritus of the Society of Women Environmental Professionals of Greater Philadelphia. She has served as Chair of the Radnor Township Environmental Advisory Council. She also served on the Board of Directors of Shofuso Japanese House and Garden.
Shofuso Japanese House and Garden, Philadelphia Board of Directors, 2002-2007

Honors/Awards:

See Honors & Awards at http://www.mankogold.com/people-Brenda-Gotanda.html

Educational Background:

Boston College, B.A., summa cum laude, Phi Beta Kappa, 1990

Scholarly Lectures/Writings:

In proposing the first legally enforceable federal limits on per- and poly-fluoroalkyl substances (PFAS) in drinking water, the U.S. Environmental Protection Agency (EPA) said it is fulfilling a foundational commitment in its PFAS strategic roadmap, the EPA’s comprehensive plan for addressing PFAS through 2024. The roadmap is a three-pronged plan of action that includes research, restrictions and remediation. On March 29, the EPA officially proposed nationwide restrictions to limit the presence of six PFAS in drinking water through a proposed National Primary Drinking Water Regulation (NPDWR). This article describes five key takeways from EPA's NPDWR proposal to help quickly understand significant aspect's of the proposal. , Author, Five Key Takeaways from teh EPA's Proposal to Limit PFAS in Drinking Water, The Legal Intelligencer, Public Water Systems, Drinking Water Providers, Municipalities, Owner Of Impacted Property, 2023
In 2022, there was increasing attention paid to companies' public promotion of their environmental and sustainability programs. That trend is likely to continue in 2023, with further developments in regulation and litigation pertaining to "greenwashing"-- a marketing practice that involves unsubstantiated or exaggerated claims about the environmentally friendly or socially responsible attributes of an organization's products or services. This article discusses recent developments and provides insights and recommendations regarding making environmental and ESG benefits claims. , Author, Developments in Greenwashing and ESG Regulation and Litigation Expected in 2023, The Legal Intelligencer, Manufacturers, Retailers, 2023
"Pennsylvania Water Laws and Regulations: Current Issues with the Clean Water Act," a HalfMoon Education webinar, April 27, 2022, Presenter, "Pennsylvania Water Laws and Regulations: Current Issues with the Clean Water Act,", HalfMoon Education webinar, 2022
Facilities that discharge wastewater with pollutants that have the potential to reach navigable waters via groundwater or other indirect pathways may see increased pressure in the year ahead from environmental organizations and regulatory agencies to obtain a federal Clean Water Act (CWA) NPDES permit for the discharge. Likewise, some facilities may proactively seek to obtain permitting to reduce the risk of potential citizen suits in light of the developing case law following the landmark U.S. Supreme Court decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). Together, these factors are likely to lead to an increase in the permitting of indirect discharges in 2022. , Author, NPDES Permits for Indirect Discharges Anticipated to Multiply in 2022, MGKF Special Alert - Federal Forecast 2022, 2022
EPA is considering a potpourri of changes to its Toxic Substances Control Act (TSCA) regulations governing the cleanup and disposal of polychlorinated biphenyls (PCBs). A proposed rulemaking to amend the PCB regulations in 40 C.F.R. Part 761 was published in the Federal Register on October 22, 2021. The proposal is largely focused on expanding the available options for analytical methods (extraction and determinative) used to characterize and verify the cleanup of PCB waste under TSCA and which are summarized below. However, the proposal also includes a number of other substantive amendments to the PCB program, also summarized below. EPA Comments are due by January 20, 2022 under a one-month extension granted by EPA in December. , Author, EPA Proposes Rulemaking to Expand Available PCB Analytical Methods and Amend PCB Cleanup and Disposal Program Requirements, MGKF Special Alert - Federal Forecast 2022, 2022
MGKF's Brenda Gotanda, LEED AP, and Bryan Franey discuss the top three trends in sustainability reporting and offer insights to corporate managers and in-house counsel on managing risk through the reporting process in MGKF’s latest Environmental Briefing Series. , Co-presenter, Sustainability Reporting, MGKF ENVIRONMENTAL BRIEFING, 2022
"Indirect Discharges and Clean Water Act Permits – The Supreme Court’s New Functional Equivalent Standard” presented at the 2020 Virtual Bar Convention and Annual Meeting of the Hawaii State Bar Association, Honolulu, HI, October 16, 2020, Presenter, Indirect Discharges and Clean Water Act Permits – The Supreme Court’s New Functional Equivalent Standard, 2020 Virtual Bar Convention and Annual Meeting of the Hawaii State Bar Association, Honolulu, HI, 2020
"Making Waves: The Ripple Effects of the Supreme Court’s New 'Functional Equivalent' Test on Clean Water Act NPDES Discharge Permitting" a webinar presented on behalf of West LegalEdCenter/Thomson Reuters, August 10, 2020, Presenter, Making Waves: The Ripple Effects of the Supreme Court’s New 'Functional Equivalent' Test on Clean Water Act NPDES Discharge Permitting, webinar presented on behalf of West LegalEdCenter/Thomson Reuters, 2020
Manko, Gold, Katcher & Fox (MGKF) partners Joseph M. Manko, Brenda Hustis Gotanda and Rodd Bender will present “Managing Environmental Risk to Get the Deal Done” at the 2016 Real Estate Institute at Temple University Center City. The programs will run from 1:00-4:30 p.m. on Thursday April 14 and Tuesday, May 3, 2016. Billy Grayson of Liberty Property Trust will join them as a presenter at the May session. The panel will discuss environmental challenges that can potentially derail commercial and industrial real estate transactions and tools that can be used to mitigate risk and successfully close the deal. Topics will include: climate change, environmental due diligence, cleanup of “brownfield” properties, environmental insurance, and green leasing., Managing Environmental Risks to Get the Deal Done, Temple Real Estate Institute, 2016
presented at the offices of MGKF for the Greater Philadelphia Delaware Valley of the Association of Corporate Counsel, November 17, 2015, LEED® for Lawyers: A Green Building Update and Tour, 2015
presented at Villanova University's 45th Annual Earth Day Celebration, Villanova, PA, April 23, 2015, Panel Discussion on Sustainable Solutions, 2015
presented at the Tri-State Sustainability Symposium at Temple University, Philadelphia, PA, March 6, 2015, By the Numbers: Energy Star, LEED, and Other Means to Measure Green Success, 2015
presented at the City Avenue Special Services District Lunch and Learn in Bala Cynwyd, PA, April 24, 2014, Building the Foundation for Sustainable Practices, 2014
presented at the Temple University Real Estate Institute in Philadelphia, PA, April 4, 2014, Environmental Issues Update for Commercial and Industrial Real Estate Deals, 2014
Moderator, panel presentation at the Tri-State Sustainability Symposium 2014 in Philadelphia, PA, March 7, 2014, Urban Stormwater Management: Philly, Camden and Beyond, 2014

Firm News (Newsletters):

The United States Environmental Protection Agency (EPA) has proposed amendments to its federal water quality standards (WQS) regulation at 40 C.F.R. Part 131 that are intended to better protect tribal reserved rights by setting forth a uniform approach for establishing WQS in waters where tribal reserved rights to aquatic or aquatic-dependent resources apply. The proposed rulemaking would require that WQS protect water and water-dependent resources reserved to tribes through federal law (e.g., treaties, statutes, executive orders, etc.) in waters of the United States and clarify how EPA and the states must ensure protection of those rights. This update provides some examples of tribal reserved rights identified by EPA and the shares insights on the proposed rulemaking. , EPA Proposes to Amend its Water Quality Standards Regulation to Better Protect Tribal Reserved Rights, Tribes, Wastewater Dischargers
Facilities that discharge wastewater with pollutants that have the potential to reach navigable waters via groundwater or other indirect pathways may see increased pressure in the year ahead from environmental organizations and regulatory agencies to obtain a federal Clean Water Act (CWA) NPDES permit for the discharge. Likewise, some facilities may proactively seek to obtain permitting to reduce the risk of potential citizen suits in light of the developing case law following the landmark U.S. Supreme Court decision in County of Maui, Hawaii v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). Together, these factors are likely to lead to an increase in the permitting of indirect discharges in 2022. This article describes recent cases likely to lead to an increase in NPDES permits. , NPDES Permits for Indirect Discharges Anticipated to Multiply in 2022, Wastewater Dischargers, Property Owners
EPA is considering a potpourri of changes to its Toxic Substances Control Act (TSCA) regulations governing the cleanup and disposal of polychlorinated biphenyls (PCBs). A proposed rulemaking to amend the PCB regulations in 40 C.F.R. Part 761 was published in the Federal Register on October 22, 2021. The proposal is largely focused on expanding the available options for analytical methods (extraction and determinative) used to characterize and verify the cleanup of PCB waste under TSCA and which are summarized below. However, the proposal also includes a number of other substantive amendments to the PCB program, which are described in this article. , EPA Proposes Rulemaking to Expand Available PCB Analytical Methods and Amend PCB Cleanup and Disposal Program Requirements, Wastewater Dischargers, PCB Remediators, Property Owners
The Federal Trade Commission (FTC) has announced plans to undertake a decennial regulatory review of its Guides for the Use of Environmental Marketing Claims, commonly known as the “Green Guides,” and will be soliciting public comments to aid in determining whether to retain, modify or rescind them. This article describes the FTC's Green Guides and the issues on which FTC is seeking comment. , FTC Seeks Public Comments on its “Green Guides” for Environmental Marketing Claims, Manufacturers, Retailers
The U.S. Supreme Court, in its groundbreaking decision last year in County of Maui, Hawaii v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), ruled that the Clean Water Act (CWA) requires a permit for a point source discharge through groundwater to navigable waters under certain circumstances and it established a new standard likely to see significant interpretation by regulatory authorities, permit writers, and courts in the year ahead., Choppy Waters Ahead - NPDES Permitting for Discharges through Groundwater
This year Philadelphia takes its next step toward improving energy efficiency and reducing the carbon footprint of large commercial buildings in the city through implementation and initial deadlines under the Building Energy Performance Policy (the Policy), also known as the Building Tune-Up Program. The Policy, passed by City Council a little over a year ago, creates a program that requires owners of large non-residential buildings to conduct a “tune-up” of their building’s energy and water systems and to certify building performance to the City of Philadelphia Office of Sustainability (OOS)., Philadelphia Building Energy Performance Tune-Up Time
In recognition of the challenges faced by many building owners during the current COVID-19 pandemic, the Philadelphia Office of Sustainability is offering a 3-month extension to the 2020 compliance deadline for building benchmarking, however, building owners must apply by June 1 in order to avail themselves of the extension. The extension will shift the compliance deadline for reporting from June 30 to September 30, 2020. , Philadelphia Granting COVID-19 Extensions to 2020 Compliance Deadline for Building Benchmarking
The Hawai'i Supreme Court, in an appeal from a rate case involving two liquified natural gas (“LNG”) import projects, ruled that the state’s Public Utilities Commission (“PUC”) erred when it excluded from consideration GHG emissions occurring outside the state, such as from LNG production, development and transportation. In a unanimous decision in In re Application of The Gas Company, LLC dba Hawaii Gas (“In re Hawaii Gas”), No. SCOT-19-0000044 (June 9, 2020), the Court ruled that the PUC must consider all GHG emissions, including out-of-state emissions, and that the PUC failed to fulfill its statutory obligation to explicitly consider the hidden and long-term costs of the state’s reliance on fossil fuels when it geographically limited its review to only those GHG emissions occurring within Hawai'i. , Hawai'i Supreme Court Rules that PUC Must Consider Out-of-State GHG Emissions in LNG Import Projects Rate Case
On April 1, 2009, the United States Supreme Court issued a ruling with potentially sweeping impacts for electric utility and industrial facility use of cooling water throughout the country., U.S. Supreme Court Recognizes EPA Authority to Consider Costs and Benefits in Setting Cooling Water Intake Structure Standards

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