Multi-Party Contamination Sites
- Front Line Cost Recovery Litigation
- Sophisticated Allocation Strategies
- Client Representative in JDGs
- Trouble Shooter
- 3rd Party Site Evaluations
- Consultant oversight
- Represented multi-national mining company in cost recovery litigation in federal court over the allocation of costs among several mining companies for remediation of a hundred years of liquid mining wastes released into a nearby creek.
- Represented a multi-national manufacturing client in a state enforcement action and multi-party allocation of remediation costs for the release of hazardous contamination related to an industrial waste area of 35,000 buried drums within a municipal solid waste landfill.
- In a federal enforcement action and multi-party allocation represented a regional gas utility that was predecessor owner of a manufactured gas plant located in a heavily contaminated industrial area from multiple sources over a 75 year period next to a pristine lake.
- Represented a national manufacturing client in a federal/state enforcement action and multi-party cost allocation (nearly a 1,000 generators) over the remediation of a recycling site located contiguous to a coastal bayou.
- Represented a national railroad in a multi-party cost recovery action in federal court defending against an irrigation district’s claims for past and future costs associated with its contaminated wells.
- Represented a regional hazardous waste transporter in a substantial multi-party action in federal court associated with the transporter’s contaminated oil being improperly disposed in an unlined landfill by an unauthorized intermediary transporter.
- Represented a multi-national manufacturer in successfully persuading a state enforcement agency not to pursue the manufacturer as a responsible party for its manufacturing plant within a state superfund site.
- Represented a multi-national manufacturer in a multi-party state enforcement action at a regional recycling site and settled its claims obtaining contribution protection before other non-settling PRPs could bring contribution actions against the manufacturer.
General Environmental Litigation
- Agency Enforcement Actions
- Soil/Groundwater contamination
- Insurance claims
- Represented a real estate developer in an unsuccessful access claim by state government that was successfully converted into an abandoned inverse condemnation with the recovery of leasehold damages and attorney’s fees.
- Represented a microchip manufacturer in a state agency RCRA enforcement action over hazardous waste management practices.
- Represented a municipality over alleged RCRA liability for lead contamination at a city owned shooting range.
- Represented a newspaper publisher over multiple alleged RCRA violations at its printing plant.
- Represented a manufacturer in an EPA enforcement action over alleged violations of its reporting duties under EPCRA.
- Represented a golf course developer over alleged 404 permit violations under the Clean Water Act.
Transactions – Environmental
- Mergers and Acquisitions
- Real estate development
- Allocation of party liabilities
- Represented a multi-national manufacturer in the sale of a state of the art whey processing plant and in particular resolving Clean Water Act permit disputes with a state environmental agency to close the deal.
- Represented a mining company in the transfer of environmental permits and allocation of environmental liabilities in the sale of an asbestos mine.
- Represented numerous clients of all sizes and industries regarding underground storage tank liabilities.
- Represented numerous clients of all sizes and industries in multi-phased environmental due diligence evaluations in sales of businesses and real estate.
- Represented a multi-national bank on liabilities associated with foreclosed properties.