Search
Close this search box.
Kevin McKeon
Kevin J. McKeon

Partner

717-236-4841

Assistant

Education

J.D., Dickinson School of Law of The Pennsylvania State University, 1979

B.A., La Salle University, 1976

Partner

Kevin is an experienced appellate advocate and government law litigator. Co-author of West’s Pennsylvania Appellate Practice, Kevin has briefed and argued appeals in all of Pennsylvania’s appellate courts and in various federal circuit courts of appeal including the Third, Ninth, and DC Circuits. He frequently litigates original jurisdiction actions in the Commonwealth Court of Pennsylvania on issues related to the constitutionality of state statutes and the legality of administrative agency regulations. Kevin also regularly represents clients before state and federal regulatory agencies, including the Pennsylvania Public Utility Commission (PUC), the Pennsylvania Gaming Control Board, the Department of Health’s Office of Medical Marijuana, and the Federal Energy Regulatory Commission (FERC), and in Right-to-Know Law appeals before the Office of Open Records (OOR).

With HMS Legal colleagues Dennis Whitaker and Melissa Chapaska, he is a regular contributor to Pennsylvania Appellate Advocate, a blog that provides timely coverage and analysis of upcoming arguments in the Supreme Court of Pennsylvania, proposed and adopted rule changes, and other information of interest to lawyers, litigants, and others involved in or affected by issues presented in appeals in Pennsylvania’s appellate courts. He is past chair of the Supreme Court of Pennsylvania’s Appellate Court Procedural Rules Committee. Before entering private practice with HMS Legal, Kevin served as law clerk to the late Honorable James S. Bowman, first president judge of the Commonwealth Court. Kevin is a frequent lecturer and panel moderator on appellate issues and on topics in administrative law. He is a recipient of the James S. Bowman award for outstanding practice and mentoring in administrative law.


Representative Matters

Appeals

  • Represented Energy Transfer in Right-to-Know Law appeals in Pennsylvania appellate courts involving the Public Utility Confidential Security Information Disclosure Protection Act.
  • Represents California Attorney General in appeals from FERC in the Ninth Circuit.
  • Filed amicus briefs on behalf of Energy Association of Pennsylvania on issues on appeal from decisions of the PUC.
  • Represented applicants to operate Alternative Treatment Centers under New Jersey’s Compassionate Use Medical Cannabis Act in permit denial challenges before the Superior Court of New Jersey, Appellate Division.
  • Represented low income housing applicant in appeal to the Commonwealth Court of Pennsylvania from local housing authority denial based on state-legal medical marijuana usage.
  • Represents Pennsylvania Professional Liability Joint Underwriting Association in Third Circuit appeals from orders declaring Pennsylvania statutes unconstitutional.
  • Represented casinos in Supreme Court and Commonwealth Court appeals from Pennsylvania Gaming Control Board.

Original Jurisdiction Matters

  • Represented medical marijuana permittees in Commonwealth Court challenges to Office of Medical Marijuana regulations and product recall directives, seeking preliminary injunctions.
  • Represented fireworks retailers in Commonwealth Court challenge to statute that improperly delegated safety standard regulatory authority to industry safety standards entity.
  • Represents Pennsylvania Builders Association in Commonwealth Court constitutional challenge to regulations adopted by Department of Labor and Industry under Pennsylvania Construction Code.
  • Defended Pennsylvania One Call System in Commonwealth Court action by a One Call member over fee structure and bylaws.
  • Represented Pennsylvania Casinos to secure preliminary injunction preventing governor’s budget impasse shutdown of casino gambling.

Agency Litigation

  • Represents California Attorney General in 2022 litigation at FERC stemming from the 2000-2001 California Energy Crisis.
  • Defended rural electric cooperative before the PUC in complaint under Unincorporated Area Certified Territory Law.
  • Represented large industrial customer before the PUC in opposition to Aqua Section 1329 acquisition of the wastewater system assets of Delaware County municipal authority, DELCORA.
  • Represented Pennsylvania Medical Society in challenge to the computation of MCARE annual physician assessments before the Pennsylvania Insurance Department.
  • Represented Connecticut Natural Gas Company, Southern Connecticut Gas Company, and Yankee Gas in interstate pipeline proceedings before FERC and federal courts.
  • Represented various Pennsylvania natural gas distribution companies in rate and certificate proceedings at the PUC.

Representative Cases


Honors & Distinctions

  • Chair, Pennsylvania Appellate Court Procedural Rules Committee (2015-2016)
  • 2014 recipient of Pennsylvania Bar Association’s James S. Bowman Award for outstanding practice in administrative law
  • Pennsylvania Super Lawyers®
  • Martindale-Hubbell “AV” Preeminent

Publications


Judicial Clerkship

  • Law Clerk to the Honorable James S. Bowman, President Judge, Commonwealth Court of Pennsylvania, 1979-1980

Government Service

  • Deputy Prothonotary for Law, Commonwealth Court of Pennsylvania, 1980-1982

Professional Affiliations

  • American Bar Association
  • Pennsylvania Bar Association
  • Dauphin County Bar Association
  • Energy Bar Association
  • James S. Bowman American Inn of Court
  • Commonwealth Court Historical Society

Bar and Court Admissions

Pennsylvania
Supreme Court of the United States
D.C. Circuit Court of Appeals
3rd Circuit Court of Appeals
9th Circuit Court of Appeals