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 to 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 contaminated sediment and groundwater VOC plume discharging to Lake Michigan. 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.
  • HoltraChem Manufacturing Site, Maine
    Lead counsel in state-lead RCRA corrective-action enforcement action concerning mercury-cell chlor-alkali manufacturing facility.
  • Penobscot River, Maine
    Counsel in RCRA citizen suit alleging widespread mercury contamination of Penobscot River.