We work with companies of all size to help solve the problem you are facing. Our focus is three-fold: (1) environmental regulatory compliance under complex state and federal laws and regulations, (2) implementing remediation to return contaminated property to productive use, and (3) transactional advice to address environmental aspects of real estate transactions and corporate acquisitions.
Recent matters - CERCLA
Litigating the scope of the "windfall lien" established under Section 107(r) of CERCLA; litigating the scope of the "sufficient cause" defense to liability for penalties under CERCLA; litigating the extent to which a parent corporation has direct liability under CERCLA as an "operator" of its subsidiary's facility; negotiating prospective purchaser protections with USEPA in addition to that afforded by statute to a bona fide prospective purchaser; addressing issues of joint and several liability and arranger liability following the Supreme Court's ruling in BNSF; litigating CERCLA contribution claims and resolving allocation disputes; working with technical consultants and regulators to reduce and control projected remedy costs; negotiating CERCLA consent decrees, Section 106 orders and de minimis settlements; responding to information requests under CERCLA.
Recent matters - toxic tort
Defending clients in toxic tort litigation involving various contaminants such as benzene, asbestos, lead, mold, and carbon monoxide;
Recent matters - air
Negotiating compliance schedules for meeting air emission regulations and to initiate supplemental environmental projects in lieu of paying noncompliance penalties; negotiating a settlement with USEPA for a client’s release of anhydrous ammonia. Responding to information requests under the Clean Air Act.
Recent matters - water
Resolving a citizen suit challenge under the Clean Water Act.
Recent matters - other
Implementing and structuring a vapor intrusion assessment at a site contaminated by a prior diesel spill; counseling clients on the FTC's guidance relating to green marketing claims; structuring and allocating environmental risk as part of the sale of a manufacturer's business; using and negotiating insurance-backed, fixed price contracts to fund remediation and/or transfer environmental liability.