Cases
Representative Matters: Represented a leading North American manufacturer of chemicals found in plastics, pharmaceuticals
water treatments, in the negotiation of a settlement with the U.S. Environmental Protection Agency to proceed with the engineering design for the remediation of eight miles of the Passaic River Superfund Site in northern New Jersey.
Represented Fortune 5 company in the defense
favorable resolution of federal Clean Water Act investigations
enforcement actions at six different facilities in Puerto Rico
the Virgin Isl
s involving allegations of hundreds of permit conditions, stormwater violations
unpermitted discharges. Settlements were reached in all six matters.
Retained by a Fortune 10 company to supplement the efforts of its in-house
outside counsel to settle a New Jersey air toxic emissions case in which EPA
DOJ had refused to reduce their penalty dem
after over two years of negotiation. Led the legal team in one meeting with the government, following which the case settled with a $600,000 penalty reduction.
Represented former owner of a Massachusetts l
fill in a dispute over whether the purchaser provided appropriate notice of environmental contamination to the seller under the agreement of sale so as to trigger an obligation by the seller to share in the cost of cleanup. After more than a decade of litigation, culminating in a five-week trial, the court found in favor of our client
also awarded attorney fees, for a total savings of between $25
$30 million.
Counsel to Puerto Rico energy company in resolving parallel proceedings in the aftermath of the release of 275,000 gallons of highly acidic wastewater into a wetl
s, causing environmental damage. Three individual plant managers
the company were targets of the federal criminal investigation. Following gr
jury testimony, an internal investigation
DOJ/EPA/FBI interviews of approximately 30 company
expert witnesses conducted cooperatively
in the presence of counsel, the company pled to a single misdemeanor
no charges were levied against any of the individuals.
Negotiated rescission of an EPA CERCLA Record of Decision that would have utilized innovative technology to treat mercury-contaminated soil that the client, a Fortune 5 company, believed was unlikely to succeed
which would have required the use of a significant portion of the world-wide supply of iodine. A substitute remedy reduced the cost from $13.5 million to $3 million. The site was then delisted.
Conducted an internal investigation precipitated by a whistleblower complaint that the company was releasing methylene chloride in excess of air permit limitations. Subsequent actions defused the whistleblower's concerns
put this Fortune 200 pharmaceutical company on a compliance path. No charges were brought.
Represented Fortune 500 pharmaceutical company in response to the EPA issuance of a draft hazardous waste (RCRA) permit containing overly stringent terms that would have required a large investment on the company's part
would have created overlapping
inconsistent responsibilities to EPA
NJDEP. Prepared comprehensive comments setting forth legal
technical arguments for retraction or modification of the terms of the draft permit. EPA never issued the permit,
the client proceeded to conduct the necessary cleanup solely under state authority.
Environmental counsel to a foreign energy services company
its U.S. subsidiary pertaining to the establishment of a $50 million secured revolving credit facility.
Successful defense of multinational oil company alleged to have breached its lease by failing to prevent underground storage tank releases that contaminated former gas station property in Florida,
by delaying cleanup, thereby preventing re-development
legal fees were awarded.
Conducted an extensive internal investigation for an international pharmaceutical company in connection with a hot line report that the company had intentionally released refrigerants containing ozone-depleting compounds (freon) in violation of EPA regulations,
had altered related records. EPA
DOJ initiated civil
criminal investigations. The government terminated both investigations without bringing any criminal charges or assessing any civil or administrative penalties.
Represented client in probation-revocation proceeding resulting from Clean Air Act opacity excursions. Assisted client in the design of a rigorous monitoring
compliance program. The program, which was negotiated with DOJ, EPA
the state environmental agency, was incorporated into new requirements of probation. The client complied with the program,
our motion for termination of probation was granted.
Represented European water company that was sued, along with the government of the U.S. Virgin Isl
s, by a citizens group alleging that the discharge from a wastewater treatment plant being built by the company would damage a coral reef. Negotiated a settlement whereby the company was dismissed from the case, with the Virgin Isl
s government assuming sole responsibility for implementing alternatives to assuage the plaintiffs' concerns.
Persuaded state agency to rescind an enforcement Directive issued to the former owner of a Brownfields site, ending a dispute over responsibility for site cleanup.
Negotiated non-prosecution agreement for a Northeastern U.S. pipe manufacturer
government contractor that was raided by federal
state agents on the basis of whistleblower allegations that it had illegally disposed of hazardous waste.
Compliance counsel to aggregate
building materials company on air
water compliance issues at its quarries in Pennsylvania, Kentucky
New Jersey.
Directed several internal investigations for an energy company with regard to reported excursions under the Clean Air Act involving opacity
emissions of hazardous air pollutants.
Counseled a specialty chemicals company regarding air toxics emissions
permitting issues following industrial accidents at its facilities in Ohio
New Jersey, one of which resulted in a fatality. Assisted the company to make extensive operational
personnel changes.
Counseled a concrete manufacturer to achieve compliance with Pennsylvania stormwater
solid waste regulations.
Common counsel to a PRP group at a Pennsylvania Superfund site. Led negotiations that yielded total elimination of EPA's proposed $7.5 million groundwater remedy.
Represented California university in purchase of contaminated property from international beverage manufacturer.
Counsel to international industrial gases company in litigation seeking cleanup costs
natural resource damages involving hundreds of companies alleged to have released hazardous substances into a river basin.
Represented Fortune 5 company in connection with cleanup issues at several legacy Pennsylvania facilities.
Represented Fortune 10 electronics parts manufacturer to resolve hazardous waste disposal
cleanup issues in Puerto Rico, including on the isl
of Vieques.
Settled Superfund case for Puerto Rico pharmaceutical company alleged to have discharged pesticides into a waterway.
Counseled energy company in connection with negotiation with EPA to resolve allegations of excessive waste water releases from underwater pipeline in Gulf of Mexico.
Representation of l
owner in dispute with lessee, a Fortune 5 company, over PCB cleanup responsibility in Rhode Isl
, resulting in satisfactory settlement.
Representation of financial institution in negotiations to fund a portion of a multibillion-dollar cleanup in New York.
Represented Fortune 500 company in Superfund l
fill cleanup case in Ohio. After a nine-month investigation, reduced client's allocated share of responsibility from 12 percent to under one percent, saving the client many millions of dollars.
Representation of Fortune 5 company that was inadvertently operating a desalination plant without a permit. Self-reported the violation
EPA determined not to pursue enforcement.
Defended Indiana battery manufacturer in defense of allegations of excessive lead in storm water discharges.
Represented developer in resolution of lead contamination issues with New York City DEP, enabling sale of property.
Counseled one of the nation's largest electronics recycling companies in defense of state
federal allegations of hazardous waste violations in Virginia
New Jersey.
Represented Fortune 200 consumer products company in New Jersey
Puerto Rico, settling government enforcement actions alleging thous
s of violations of the Clean Water Act. In each instance, penalty assessments were reduced from tens of millions to less than $500,000.
Represented oil refinery in regard to federal toxics reporting obligations that had been overlooked. We self-reported the violations to EPA,
no penalties were incurred.
Counsel for many industrial clients in the conduct of environmental compliance audits.
Support numerous business
real estate transactions.
Investigations
enforcement actions during eight years at EPA in the Region 2 Enforcement Division.
