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Environmental Representative Cases

In administrative and litigated environmental matters, Johnson & Bell attorneys have represented or are representing clients in a number of capacities, including the following:

  • Hazardous waste cases in over 25 states, including almost 100 Superfund sites across the nation.
  • Corporate defendants with major exposure in multi-party CERCLA enforcement actions filed in federal court by the Department of Justice, including the representation of a chemical manufacturer with the largest volumetric allocation at a Superfund site resulting in the then-largest negotiated Consent Decree settlement in Superfund history.
  • Corporations with de minimis exposure in CERCLA administrative proceedings, including the representation of 8 Fortune 500 companies at a $70,000,000.00 NPL site in Indiana resulting in the largest ($24,000,000.00 in payments by de minimis parties) negotiated De Minimis Administrative Order on Consent settlement in Superfund history. 
  • Similarly, corporations with major exposure in multi-party CERCLA administrative proceedings pursued by the EPA, including the representation of a vehicle manufacturer with the second highest volumetric allocation, as determined by third-party neutral ADR proceedings, resulting in the largest negotiated Consent Decree settlement at a Superfund site in Wisconsin.  Our Group also recently represented a chemical distribution company with significant exposure in global Consent Decree negotiations involving 3 contiguous Superfund sites in Florida.
  • A corporation with major exposure in a CERCLA administrative proceeding pursued by the EPA and later the Department of Justice resulting in a six figure negotiated Consent Decree settlement for our client at a battery disposal site in Iowa where one recalcitrant party with a lesser volume ultimately settled after suit for over $1,000,000.00.
  • A corporate respondent in administrative proceedings under CERCLA, resulting in a series of negotiated AOCs with the USEPA to address the remediation of dioxin-contaminated river sediment sites in Michigan.
  • Corporate defendants in multi-party private party CERCLA action filed in federal court to address the remediation of PCB-contaminated soil sediments in a major commercial and recreation harbor in Lake Michigan.
  • Corporate plaintiffs, defendants, third-party defendants and even fourth-party defendants in CERCLA private party cost-recovery actions filed in federal court.
  • Corporations and municipalities whose facilities are company or municipality-owned federal and state Superfund sites in Illinois, Indiana, Michigan, Ohio and Wisconsin, involving protracted and continuing negotiations with the EPA and state agencies regarding RI/FSs, RODs, and Administrative Orders on Consent or Consent Decrees.
  • Corporate respondents in threatened and issued unilateral CERCLA Section 106 Orders, and in state equivalent statutes such as an Illinois 4(q) Notice.  Our Group also successfully represented a railroad creosote tie manufacturer in being delisted as a respondent to a 4(q) Notice issued by the Illinois EPA.
  • Corporate plaintiffs and defendants in RCRA citizen suits, including the prosecution of RCRA citizen suits involving leaking USTs, and the defense of corporate defendants in other RCRA citizen suits involving the disposal of hazardous wastes. 
  • Corporate defendants in CAA federal and state enforcement actions, including the representation of a paper equipment manufacturer involving NESHAP asbestos abatement violations and Consent Decree negotiations.
  • Corporate and individual respondents in IDPH civil administrative matters filed by the Illinois Department of Public Health.
  • Corporate defendants, particularly construction contractors, in CWA civil administrative actions filed by the EPA alleging contractor pollution liability for storm water runoff and failure to follow best practices.
  • Other corporate defendants in CWA civil administrative actions filed by the EPA, including the representation of an agricultural equipment manufacturer involving NPDES permit and recordkeeping violations.
  • Corporate defendants in TSCA civil administrative actions filed by the EPA, including the representation of a Midwestern company in a TSCA disposal violations trial before an EPA Administrative Law Judge.
  • Corporate developer and landowner in a CERCLA cost-recovery action against a successor corporation for cost of cleanup of historical radioactive soil contamination, as well as against the environmental consultant who failed to investigate and report the contamination.
  • Corporate defendants in negligence, nuisance, trespass, and breach of lease agreement lawsuits.
  • Corporate defendants in groundwater contamination toxic tort and property damage diminution lawsuits brought by neighboring residents.
  • Transportation industry clients in hazardous substance vehicular accidents, delivery spills, and truck terminal UST leaks involving personal injury and environmental damage claims to private and public property.
  •  A rail car manufacturer on a nationwide basis in catastrophic derailment class action toxic tort and property damage diminution lawsuits.
  • Numerous corporate defendants in other toxic tort actions involving asbestos, lead paint, mold infestation, pesticide exposure and runoff, solvents, and other hazardous substances.
  • Environmental engineering and consulting firms sued for professional negligence for alleged deficiencies in the investigation and reporting of environmental conditions in connection with land purchase transactions.

The firm has provided and continues to provide regulatory compliance counseling for clients with regard to:

  • Representing manufacturers and property owners in reporting and remediation obligations in connection with historic contamination and facility closures, including the partnering on a nationwide basis of our client, plus an environmental consulting firm and our practice Group, involving the remediation of almost 100 company stores across the country.
  • Representing manufacturers and property owners with respect to the Illinois Site Remediation Program, and other state Brownfield programs.
  • Counseling manufacturers and property owners in CERCLA and RCRA groundwater, river, and harbor sediment contamination matters.
  • Assisting corporations in the preparation of CERCLA Section 104(e) responses.
  • Counseling clients in remediation and closure requirements involving USTs.
  • Counseling clients in asbestos and mold abatement requirements.
  • Counseling clients involving TSCA PCB disposal and recordkeeping requirements.
  • Representing manufacturers and non-manufacturers on SARA Title III community right-to-know, extremely hazardous substances (EHS) and Form R issues.
  • Counseling clients involved with other agencies, including OSHA, the FDA and DOT.
  • Counseling clients with the assistance of insurance brokers to identify and purchase specialized environmental insurance products.
  • Counseling clients with the assistance of technical consultants in conducting environmental reviews and audits to identify and assess issues relating to historical contamination, leaking USTs, asbestos removal, vapor intrusion, and indoor air pollution. 

The Group provides environmental support services for business transactions, including:

  • Representing numerous companies in obtaining clearance of real estate transfers under various state statutes.
  • Representing purchasers, sellers, landlords, tenants and lenders in commercial and industrial real property acquisitions and transactions.
  • Representing clients in negotiating and drafting purchase/sale agreements, leases and loan documents, including clauses relating to environmental indemnifications, representations and warranties.

 


Johnson and Bell

Johnson and Bell