Waste Cleanup

Representative Client Work

Defended a mining and smelting company in the first evidentiary estimation hearing in connection with the largest environmental bankruptcy case in United States history. The hearing, at the U.S. Bankruptcy Court in the Southern District of Texas, involved a $406 million claim for response costs brought by the United States Environmental Protection Agency and the State of Nebraska.

We were able to mobilize for trial within four months, dealing with the testimony of over 20 experts. The case settled and we successfully defended the settlement. The bankruptcy court found, due to “testimonial and documentary evidence and its independent review,” that the settlement agreements were reasonable, fair and equitable, and consistent with CERCLA and bankruptcy law. Shortly after the settlement, the client was acquired by a company in Mexico.

Represented a manufacturing client in the voluntary remediation of a lead refinery located in downtown Omaha, Nebraska and the redevelopment of the site into a city park.

Directed technical team in negotiation of work plan with the Nebraska Department of Environmental Quality and negotiated controversial transfer agreement with Mayor and City Council of Omaha.

Representing a fertilizer manufacturing plant with resolution of claims by federal and state agencies arising from both current operating and historic disposal practices

To date, the company has succeeded in negotiating and constructing a groundwater remedy and source control at its plant site and is conducting cleanups at its phosphate mines, all without litigation. This cooperative effort has been coordinated with EPA, the State, and the Tribes.

Represented a water utility in a CERCLA and MTCA cost recovery and contribution action to recover millions of dollars in remediation costs for a drinking water well field that was contaminated by an adjacent former military base, now a federal Superfund site.

The firm prosecuted claims against the military and its defense contractors, helped obtain insurance coverage to pay for cleanup costs, and secured an unprecedented court order that allowed the client and other local governments to help structure the cleanup.

Represented 54 “de minimis” parties in negotiations with EPA and with a group of “work” defendants at a $1 billion landfill cleanup near Los Angeles.

Through formation of a well-functioning Steering Committee, coupled with cash-out negotiations with EPA, succeeded in resolving the government’s CERCLA claims against all but eight of the parties we represented.

Representing one of the largest cities in New Mexico in a $30 million groundwater contamination cleanup at a Superfund Site on the National Priorities List, including regulatory negotiations, investigation of potentially responsible parties, and negotiation of allocation issues. The case involved presentation of a contribution claim against the New Mexico National Guard, which operated an armory which released solvents that contaminated the drinking water source of a town of 70,000.

Negotiated an ability to pay settlement on behalf on our client, and are working with EPA and the Justice Department lawyers to identify additional parties to fund the cleanup.

Represented former smelter in the cleanup of 141-acre industrial site in Salt Lake Valley, Utah under federal Superfund law and it redevelopment into mixed-use commercial project.

Negotiated preferred alternative through 18-month mediation process involving EPA, State of Utah, multiple landowners, local municipality, and proposed site developer.

Serving as lead defense counsel in federal district court and the U.S. Court of Appeals for the Eighth Circuit for the former operator of a Missouri Superfund Site in actions against the U.S. EPA and other private parties for costs recovery and contribution under CERCLA. This complex case involved five separate lawsuits, including several environmental and cost recovery claims, insurance coverage litigation, and probate proceedings.

Successfully reached tentative agreements with EPA and private party to enter consent decree and reach settlement resulting in ability to pay settlement and ultimate closure of estate and probate. Resolution expected in transfer of property to local government for redevelopment.

Represented a Washington manufacturing company in a case involving an urban waterway with multiple PRPs and PCB-contaminated sediments. Our team worked with both state and federal agencies to develop a dredging and capping remedy, and with the Natural Resource Trustees to develop a restoration plan funded by several dozen PRPs.

Avoided litigation by developing an allocation formula in a facilitated mediation process over a two-year period. Persuaded NOAA to conduct the allocation. By persuading the government to facilitate the settlement, avoided what would otherwise have likely been multi-year litigation.

Represented pulp and paper company in defending claims related to cleanup of urban waterway in Tacoma, WA.

Another party alleged that a pulp mill formerly located on the bank of the Waterway was a source of PCB contamination in sediments. We demonstrated that the mill, which the client permanently closed down before the war, was unlikely to have ever used PCBs, and through archival research identified a subsequent landowner that was likely responsible.

Defending company that developed WWII shipyard in Vancouver, WA, against claims by current landowners related to debris buried at site.

Client left site in 1947. Because of age of site, the case presented special evidentiary challenges.

Assisted a national corporation in the remediation of contaminated sediments and associated uplands at a former aluminum smelter along the Columbia River, including the negotiation of consent decrees.

Negotiated consent decrees under the Washington Model Toxics Control Act and resolved allocation issues between client and other potentially liable parties.

Represented a large property owner in Seattle that spent considerable sum to clean up a site being used for the development of retirement housing.

Assisted client in recovering cleanup costs from the prior property owner.

Additional Superfund Site Experience