Putting Superfund Claims Out of Their Misery For Over 30 Years
Few environmental laws are as reviled as the Superfund, and the reason is simple. The law aims to capture as many parties as possible, and those parties then often spend more time and money negotiating among themselves and with their insurers than conducting a cleanup.
Marten takes a different path. Our Superfund practice starts with a premium on timely resolution of claims and staying within client budgets. We make sure cleanup costs are appropriately spread amongst involved parties. And we work with experts, other parties, and state and federal agencies to meet cleanup standards as efficiently as we possibly can.
We have a decades of experience in this area, having resolved hundreds of claims at sites in more than 20 states. Our clients are in industries as varied as mining, manufacturing, aviation, smelting, waste management, food processing, pulp and paper, chemical manufacturing, real estate, local government and finance.
Our lawyers have earned a national reputation for success by resolving cleanups and response cost allocations at some of the largest and most complex contaminated sites in the country, including: landfills (municipal and hazardous waste); manufacturing plants (refineries, manufactured gas plants, airports, smelters, railroads and rail yards, pole yards, log yards, pulp and paper plants, fertilizer plants, and chemical distribution facilities); densely populated urban areas; groundwater serving water supply systems; and urban bays (on all three coasts and the Great Lakes).
We have also litigated environmental insurance claims, defending and prosecuting dozens of contribution actions in federal and state court, and resolving others in bankruptcy proceedings. Marten lawyers have successfully negotiated with regulators administrative orders and consent decrees, obtained no-further-action letters, responded to and limited broad information requests, and executed access agreements. Marten has strong relationships with state and federal regulators and nearly every major national environmental consulting firm, having collaborated on negotiated indemnities, sales and acquisitions of contaminated land, de minimis and ability to pay settlements, prospective purchaser decrees, and many more. We have the depth and breadth of experience necessary to put these types of environmental problems to bed—quickly, effectively, and in most cases, less expensively than our competitors.
Capabilities:
- 104(e) Responses
- Arbitration
- Brownfields Redevelopment
- CERCLA, RCRA, MTCA, state CERCLA analogues
- Cost Recovery/Contribution Actions
- Litigation
- Negotiations
- Oil Spills
- UST Releases
