Environmental

Our firm does environmental work for both insurers and direct corporate clients.  We handle both litigated and non litigated claims; regularly represent clients confronted with regulatory enforcement issues, and assist clients in a wide array of transactional events where environmental risk must be addressed.  The firm’s environmental practice includes representing manufacturers, chemical distributors, facility owners and other entities in CERCLA proceedings in various USEPA regions. We often end up representing “primary” PRPs targeted by EPA, and as such have significant experience in negotiating first hand with EPA on consent decrees, AOCs, section 122(h) agreements, initiating PRP groups after issuance of special notice letters, etc.  We are often called on by clients and PRP groups to assess the viability of commencing cost recovery actions, to negotiate terms with EPA, to draft and negotiate site access agreements, to retain environmental contractors and draft and negotiate master service agreements for their work, to implement  institutional controls, environmental easements and deed restrictions on impacted parcels, etc.  We work with clients during PRP group allocations to get the best results possible.  Some of the Superfund sites we are handling have complicated radiological impacts and co-involvement by the US Army Corps of Engineers – experience that adds to our ability to assess risks presented to clients when there is a radiological component to exposures presented.

We have significant experience in taking environmental claims to trial and verdict, when resolution by other methods fails.  We find that the combination of trial skills with sound environmental experience is a great asset for our clients.  We commence environmental cost recovery actions for our clients to more fairly allocate liabilities among responsible parties.

The range of matters and environmental cases we handle include the current ongoing MTBE litigation, Clean Water Act claims, New York City DEP reservoir enforcement actions; landfill claims and issues; SEQRA reviews; transfer station issues; permitting; construction and demolition debris issues; dielectric fluid spills into waterways; PCB contamination claims and attendant TSCA litigation; assisting clients in emergency response after spills, including early intervention and scene control, interface with regulatory agencies and the negotiation of consent orders, adjacent property owner PR and negotiations, and spill investigation and remediation.  We also defend clients targeted by the New York State Attorney General’s office  in state-level CERCLA cost recovery claims (often where EQBA funding has been triggered), and in claims where the State asserts our clients are responsible for the complete investigation and remediation of large sections of Long Island’s aquifer.  Other types of cases we handle include soil and groundwater contamination from dry cleaning solvents, and cases involving fuel oil and gasoline UST and AST leak and spill cases for various insurance companies and direct for various fuel oil retailers, delivery companies, and oil tank removal/replacement/repair contractors.  We have represented UST manufacturers in environmental cases where the design and product liability issues intersect with pollution claims.  We also represent environmental remediation consultants and contractors when claims are made that their remedial or investigatory work was deficient or otherwise actionable.