Experience

Examples of Preti Flaherty's Experience at Complex CERCLA and RCRA Sites, Including Contaminated Sediment Sites:

  • Penobscot River, Maine - Lead counsel in RCRA citizen suit alleging mercury contamination of Penobscot River sediments. The Preti Flaherty team is lead counsel to Covidien, representing its subsidiary Mallinckrodt, in a RCRA Section 7002 imminent and substantial endangerment citizen suit brought by the Natural Resources Defense Council (NRDC) involving legacy mercury discharges to the Penobscot River. This matter is one of the most technically complicated environmental cases ongoing in the country, involving the potential remediation of mercury contaminated sediments from the Penobscot River, which drains the largest watershed in New England. In June 2014, members of the Preti Flaherty’s Environmental Group served as trial counsel in a 19 day trial in U.S. District Court for the District of Maine. This highly technical proceeding included more than 1,500 exhibits and nearly two dozen expert witnesses. The case is currently headed to a Phase III remedy trial.
  • Lower Passaic River Study Area Superfund Site, New Jersey - Selected as part of the allocation team (E. Michael Thomas is lead allocator) for this Superfund site comprising the lower 17 miles of the Passaic River; initial cleanup phase proposed by EPA estimated to cost $1.7 billion; potential issues include allocations based on waste types driving site risks and remedy, divisibility of harm geographically, temporally and by waste type, and liability determinations and impacts of joint and several liability.
  • Conservation Chemical Company Site, Missouri - Lead national EPA counsel on first litigated CERCLA case addressing imminent and substantial endangerment, joint and several liability, allocation and remedy selection in 200-generator PRP case regarding an NPL Site adjacent to the Missouri River. Case resulted in early CERCLA law interpreting the “Gore Factors.”
  • Bosch Braking Systems Site, Michigan - Lead Counsel for primary PRP at NPL Site involving groundwater contamination plume discharging to Lake Michigan, resulting in contaminated sediments, high levels of contamination in the groundwater-surface water interface and water quality violations in the near-field surface water. Case resolved through negotiation of an RD/RA and cost recovery consent decree.
  • Bangor Landing MGP Site, Penobscot River, Maine - Counsel for landowner in CERCLA contribution action regarding liability for contaminated sediments related to manufactured gas facility; advised landowner through allocation process between current and former owners and other alleged contributors to site; negotiated settlement on behalf of landowners to allocate costs between landowners and successor to MGP plant operators.