Representative RCRA/CERCLA Matters
- Portland-Bangor Waste Oil Services Sites, Maine
Counsel to over 50 major generator PRPs at five inter-related waste oil sites in Maine (one NPL and four non-NPL) and member of PRP Group Steering Committee and Allocation Committee. Allocation efforts involved, among other things, analysis of causal relationships between waste types and cleanup costs, fate and transport, waste trans-shipment, divisibility of harm, applicability of petroleum exclusion, and allocation of orphan shares. One of the sites, which allocated shares to over 2,000 PRPs and employed a tiered cashout approach for the non-work PRPs, involved one of the first uses in the nation of a Superfund liability buy-out company, and it was the first such settlement in which the U.S. participated as a Settling Federal Party.
- 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."
- Times Beach and Horse Arenas Dioxin Sites, Missouri
Lead national EPA counsel on all aspects of Missouri Dioxin NPL and non-NPL sites. Involved with PRP investigations, location and interviews of witnesses, waste oil tracking, case preparation, and prosecution of cost recovery actions.
- Saco Municipal Landfill Site, Maine
Lead counsel for municipal owner of NPL site. Developed allocation for municipal and industrial wastes which enabled PRPs to negotiate a cashout approach facilitating a successful RD/RA settlement with EPA.
- Rocky Hill Municipal Well Field / Montgomery Township Housing Authority Site, New Jersey
Third party neutral allocation consultant to group of PRPs at this groundwater TCE NPL site; developed allocation for alleged contributors to contamination of municipal wellfield; allocation enabled PRPs reach agreement among themselves to negotiate successful cashout settlement.
- 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.
- Bosch Braking Systems Site, Michigan
Lead Counsel for primary PRP at NPL Site involving groundwater contamination plume discharging to Lake Michigan and contaminated sediments. Negotiated RD/RA and cost recovery consent decree.
- Beede Waste Oil Site, New Hampshire
Counsel to numerous cash-out PRPs at NPL Site involving both "solids" and "liquids" defendants. Participated in internal PRP Group allocation analysis that resulted in tiered Large De Minimis, Small De Minimis and De Micromis settlements.
- Scott Paper / S.D. Warren Site, Maine
Counsel to former owner of integrated pulp and paper mill located on Presumpscot River. Negotiated allocation between client and current owner for investigation and clean-up obligations; negotiated innovative corrective action consent agreement addressing low level groundwater VOC plume discharging to groundwater-surface water interface of river via NRD settlement.
- Penobscot River, Maine
Lead counsel in RCRA citizen suit alleging mercury contamination of Penobscot River sediments.
- Phillips Services Site, South Carolina
Lead counsel for large PRP in negotiations with PRP group regarding appropriate allocation, including settlement with De Minimis parties to address soil and groundwater contamination involving VOCs, fuel oils, and metals. Negotiate appropriate PRP Group dispute resolution process and address issues regarding proposed allocation.
- Taylor Borough Site, Pennsylvania
Lead Counsel for EPA in former NPL Site to address contamination that leaked from approximately 1,200 drums containing hazardous organic chemicals and heavy metals. Drums were found in six main areas on the site. Wastes had escaped from the drums and contaminated the soil, surface water, sediments, groundwater, and the surrounding air. Negotiations with PRPs regarding proper allocation of costs to address contaminated soils.
- Rocky Flats Industrial Park Site, Colorado
Lead Counsel for EPA in negotiations and subsequent suit involving multiple PRPs to address TCE, VOCs, and metal contamination to soils and groundwater.
- Recticon / Allied Steel Site, Pennsylvania
Lead Counsel for EPA in negotiations involving multiple PRPs to address TCE and VOC contamination in soils.
- AC Lawrence Superfund Site, Maine
Counsel to large multinational PRP at Site involving EPA lead clean-up of contaminated soils, sediments, and groundwater.