Contaminated Sites & Remediation

Lead negotiator for a federal-state CERCLA consent decree in EPA Region 2 for remediation of dioxin and other chemicals; an Administrative Order on Consent for a remedial investigation and feasibility study of six miles of contaminated sediments in a northeastern river; an additional Administrative Order on Consent for RI/FS on a Bay; an Administrative Order on Consent for an early Removal Action; an Administrative Order on Consent for a CSO/SSO study; Cooperative Natural Resource Damage Assessment and Funding Agreements and response to a Unilateral Administrative Order

Defended a Fortune 50 client in a CERCLA private cost recovery action involving seven sites in seven states and two parties with a potential liability exceeding $200 million, by developing novel theories of economic benefit and culpability for the contamination; resolved on highly favorable terms involving a pay-out of eight cents on the dollar despite the client’s ownership of many of the sites for as long as 75 years

Obtained summary judgment in defendant’s favor in a CERCLA cost recovery action involving more than $150 million in alleged liability 

Played a leading role in a trial and appellate team that overturned a lower court decision holding a client liable for 20 percent of a $36 million site in a reported decision

Acted as trial and appellate counsel for a large chemical company in a federal Superfund cost recovery action in the Eastern District of Texas; the matter was settled on terms favorable for our client while the appeal was pending 

Negotiated a global settlement of CERCLA liability with the government and with PRPs as a consequence of claims that a client waste cleanup contractor mishandled the site’s clean up. Also coordinated the settlement with the settlement of the client contractor’s criminal liability, and proposed suspension and debarment

Defended a pipeline company in a multimedia enforcement action involving more than a thousand facilities.; established the frame work which led to a resolution of the action that provided for a phased cleanup schedule of the facilities and payment of a fine significantly less than EPA originally demanded

Represented a major U.S. crude oil gathering, transportation, and pipeline company in the defense of a property contamination lawsuit where the plaintiff’s alleged $40 million damage claims were settled for less than 1 percent of the amount initially claimed

Represented a spinoff company in a dispute involving responsibility for historic environmental liability at 20 plant sites, and resolved short of litigation through the use of creative insurance vehicles and cashing out liability

Represented a client in a mediation process with the United States that resulted in a settlement where the federal government agreed to accept a greater than 50% share of the costs to clean up historic mining sites in the Southwestern U.S in light of potential CERCLA claims that could have been asserted by the client

Represented the first-ever prospective purchaser to purchase a National Priorities List site pursuant to an agreement to remediate it in accordance with Superfund protocols under EPA oversight; the cleanup order negotiated in this case resolved difficult liability issues associated with the future redevelopment of the site and has been touted by EPA as a model for future CERCLA cleanups undertaken by private-party investors