Groundwater Contamination

It is a huge advantage having a lawyer who understands technical groundwater issues and who can help you manage your technical consultants.

Chaired CERCLA Steering Committee

Chaired, for twelve years, a “steering committee” that managed the remediation of a federal Superfund site. The site involved more than 100 generators and achieved a successful de minimis buyout along with successful litigation against “recalcitrant” parties. Led negotiations with the Environmental Protection Agency and the Arizona Department of Environmental Quality. In addition, oversaw all aspects of site characterization, remedy selection and remedy implementation.

Defended Municipal Airport Superfund Site

For over ten years, represented a large city in negotiations with the United States Air Force, a defense contractor and the United States Environmental Protection Agency relating to the contamination of City property used as an airport. During World War II, the property was used by the federal government as a defense facility and was highly contaminated. Negotiated a full remediation of the property expected to cost $200 million and two federal remediation consent decrees.

Defended Industrial CERCLA Site

Represented a defense contractor with respect to the contamination of a city’s water supply resulting from activities carried on during the Korean War. Negotiated a settlement with the United States Environmental Protection Agency. One creative solution was to use a large amount of the waste material as fuel.

Defended Claims of Groundwater Contamination

Represented a manufacturer against claims that its products had contaminated municipal drinking water supplies. Worked with a variety of consultants to quantify the number of wells affected and the cost to remediate the water produced by those wells. Helped develop a sophisticated hydrogeologic defense against claims asserting speculative damages.

Acted as Regional Counsel, Experience One

Successfully represented a major manufacturer with respect to Superfund sites in the states of Arizona, Oklahoma, California, Texas, Utah and Washington.

Acted as Regional Counsel, Experience Two

Successfully represented a major pharmaceutical company with respect to Superfund problems in the states of Massachusetts, North Carolina, South Carolina, New York, Ohio, Illinois and Indiana.

Defended Municipal CERCLA Site

Represented a major city in Superfund negotiations with the Environmental Protection Agency and several large responsible parties with respect to a groundwater contaminant plume impacting municipal groundwater supply. Successfully negotiated two federal consent decrees providing for remediating the groundwater and using it for potable purposes.

Sold State Superfund Site

Successfully represented a national manufacturer in the sale of one of its facilities which was designated as a state Superfund site.

Defended Manufacturer in CERCLA Superfund Action

Represented a major manufacturer accused of contributing to a twenty-mile contaminant plume. Helped select appropriate consultants and aggressively defended the company against other responsible parties and the relevant state agency.

Represented Municipalities on Contaminated Groundwater Issues

Negotiated settlements with Environmental Protection Agency and private parties that resulted in treatment of contaminated groundwater and its reuse for drinking water purposes.

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