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.

Firm Highlights

Publication

Veto Day and Final Day of the 131st Legislature

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Massachusetts High Court Issues Important Ruling Impacting Prompt Pay Act

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Preti’s Sig Schutz Recognized as Member of NHPR’s Pulitzer-Finalist Team

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10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

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Preti Flaherty Welcomes Trusts and Estates Attorney Dianne Ricardo to the Firm

Preti Flaherty is pleased to announce that Dianne Ricardo has joined the firm’s Trusts & Estates Practice Group. Based out of the firm’s Concord, New Hampshire office, Dianne focuses her practice on comprehensive estate...

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Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...

Publication

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

Maine is now the latest state to enact the Uniform Public Expression Protection Act (UPEPA)—following New Jersey, Oregon (substantially similar), Utah, Hawaii, Kentucky, and Washington. UPEPA aims to provide a clear framework for the...