Superfund
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__I have handled a wide variety of cases under state and federal Superfund laws. For example, my work on behalf of individual clients and as common counsel for groups of parties has involved: • Under the new CERCLA legislation in the 1980’s, I defended clients in federal court on contribution, cost recovery and other actions, formed de minimis groups to negotiate settlement and achieved settlements allowing cash-outs and cash-in participation in RD/RA groups, dealt with fund claims, and worked on contribution actions and other matters. • I negotiated settlements with several U.S. EPA regions, helped draft decrees and participation agreements, and worked with consulting firms and groups of parties to perform RI/FSs, construct remedies and transition to O&M. • Throughout the quarter-century development of CERCLA and state ‘mini-superfund’ laws, I have handled litigation on cutting edge issues, including natural resource damages claims, the scrap recycling exemption, lender liability, corporate parent liability, and toll manufacturing and other aspects of alleged ‘arranger’ liability, including recent applications of the BNSF Supreme Court decision. My Superfund experience has involved handling evolving aspects of state laws, as well, such as voluntary cleanup approaches in some jurisdictions, BEA protection and due care obligations in Michigan, litigating private party agreements to transfer statutory obligations, and more. |
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