• RCRA – Lead counsel in defense of state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments, and groundwater at RCRA and Maine Uncontrolled Hazardous Substances Site. Two week state administrative hearing led to modified order requiring $120 million remedy. (Maine Department of Environmental Protection v. United States Surgical Corporation and Mallinckrodt US LLC).
• CERCLA/Superfund – Counsel in numerous Superfund/uncontrolled sites cases across the nation including: Onondaga Lake Site/Ley Creek in New York, Lower Neponset River Site in Massachusetts, Conservation Chemical Co. Site in Missouri, Saco Municipal Landfill Site and Portland Bangor Waste Oil Site in Maine, Rocky Hill Municipal Wellfield Site in New Jersey, Bosch Braking System Site in Michigan, Beede Waste Oil Site and Coakley Landfill Site in New Hampshire, Philips Services Site in South Carolina.
• Endangered Species Act – Defense of citizen suit against hydro power project alleging that the project was "taking" Atlantic Salmon in violation of the Endangered Species Act. (Friends of Merrymeeting Bay et al. v. Miller Hydro Group)
• Cancer Cluster – Defended Fortune 500 consumer products company in multi-plaintiff toxic tort lawsuit involving alleged cancer cluster in Central Maine.

Representative Environmental Toxic Tort and Property Damage Matters & Experience

Preti Flaherty also has significant experience in environmental toxic tort and property damage cases and has represented plaintiffs and defendants in such litigation.

• Landfill Property Damage – Resolved multimillion dollar property damage claims against municipality for residential and commercial landowners located on top of former municipal landfill.
• Oil Spill - Resolved property damage claims by lakefront property owners arising from No. 6 oil spill into Maine lake.
• Residential Oil Spills – Represent homeowners in oil spill contamination of residential property.
• Mold – Represented parties in multiple cases involving allegations of mold damage to residences, condominium complexes and office buildings.  
• Lead Paint – Negotiated the settlement of a first-in-the-nation enforcement action brought by the U.S. EPA concerning alleged liability of a Maine landowner under the Toxic Substances Control Act's Renovation, Repair and Painting Rule. EPA's complaint sought up to $225,000, but the alleged liability (relating to scraping and sanding of the exterior of a pre-1978 rental housing unit) was fully resolved via consent order requiring a $10,000 penalty.
• Biosolids Land Spreading – Advised dairy farm owner regarding options and implications of historic (pre-ownership) state-approved wastewater treatment facility sludge disposal that was later discovered to contain PFAS compounds.
• Drinking Water PFAS Contamination – Advised manufacturing facility that previously utilized PFAS-containing materials in its processes that resulted in airborne deposition creating groundwater contamination concerns in residential drinking water wells.