- Representation of site owners and operators, waste generators, and transporters in federal and state “Superfund” actions to require cleanup of hazardous substance disposal sites.
- Defense of Natural Resources Damages (NRD) claims.
- Defense of citizens’ suits and “toxic tort” claims arising from disposal of hazardous materials and exposure to contaminated groundwater and soils.
- Environmental crimes prosecution defense.
- Representation regarding environmental claims in bankruptcy proceedings.
- Pursuit of insurance coverage claims for defense costs and reimbursement, including litigation of bad faith refusals to insure against environmental claims.
- Class action litigation for personal injuries and property damages resulting from environmental violations.
- U.S. EPA Administrative Complaint under EPCRA dismissed based on factual investigation of reporting threshold and corrected Form R filing.
- Defense of civil penalty and administrative enforcement actions by federal and state agencies under various environmental programs.
- Represented parties involved in the two largest PCB-contaminated sites in Michigan, negotiating and coordinating multimillion-dollar response actions and natural resources damages claims.
- Recovered costs from the United States and prior owner for purchaser of industrial property relating to contamination resulting from performance of military contracts.
- Defended or represented "Superfund" PRPs throughout the Midwest and other Regions.
- Utilized U.S. EPA "Self-Policing Policy" to completely void EPCRA civil penalties.
- Served as common or administrative counsel to PRP Groups and Joint Defense Groups at “Superfund” sites and in litigation.
- Asbestos litigation defense of premises liability personal injury claims against paper mill.
- UST corrective action claims by State DEQ against property owners successfully resolved with no liability for clients.
- Recovered insurance monies for defense costs and liabilities at hazardous waste sites, including coverage litigation in state and federal courts, such as municipal landfill coverage Judgment of $6.6 Million.
- Represented respondents to CAA, EPCRA, FIFRA, TSCA, CWA/NPDES and other civil penalty administrative actions by various US EPA Regions, including Supplemental Environmental Projects (SEP) settlements and pollution prevention activities.
- Successfully defended state court jury and bench trial for multi-million dollar common law and statutory cleanup claims, with recovery of sanctions for defendant-client.
- PCB waste oil transportation U.S. EPA Administrative Complaint defense, including Partial Accelerated Decision.
- Litigated RCRA citizens’ suit claims and defenses for defendant/third-party plaintiff at municipal landfill “Superfund” site.
Environmental Litigation and Administrative Enforcement