We have handled a multitude of cases and issues under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or state cleanup statutes. Our experience with these laws started in government service and continues in private practice.
Response Actions and Cost Recovery
Most frequently, these cases occur when the government or a responsible party seeks its costs for removing or remediating releases or threatened releases of hazardous substances. The government can also issue or negotiate consent decrees or administrative orders directing a responsible party to assess or clean up a site. We assist clients in any negotiation or lawsuit arising out of these situations.
Natural Resources Damages
The government may file suit for damages against a company believed to have released hazardous substances that killed or injured fish, wildlife, and other natural resources. Sometimes, the government misdiagnoses the cause of the damage, blames the wrong company, or inflates the estimated value of the damaged resources. In this event, we have the knowledge necessary to test the government’s evidence on these points.
Property Transactions, Financing, and Due Diligence
With its enormous potential costs, the spectre of CERCLA liability lurks behind every transaction and lending relationship. We work with environmental consultants to detect, evaluate, and manage CERCLA risks in the purchases or financing of properties and businesses.
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