Environmental Remediation

Contaminated land and sediment liability is expensive. We have helped clients assert and defend cost recovery claims, access insurance policies to remediate contaminated lands, and explore innovative technical solutions to remediating that contamination. Oftentimes, cleanup liability arises during the purchase or sale of a contaminated property, and we have significant experience tailoring both the transaction itself and subsequent remedial actions to the objectives of the parties and the future use and redevelopment of the property.

Recognizing that a cleanup can present significant legal, technical, and political challenges, we partner with engineers, scientists, and public and community affairs personnel when needed to achieve our client’s objectives. This collaborative approach is, in our experience, the most efficient way to successfully resolve claims and arrive at technically feasible and fiscally sound remedial plans.

Environmental Regulatory Matters

We have also assisted clients on a number of complex air and water regulatory issues, including governmental investigations and enforcement proceedings. In addition, we have assisted in complex multi-jurisdictional permitting of major infrastructure projects, and have defended those projects from attempt by private parties or environmental groups to stop them.

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• Represented refinery in EPA RMP inspection under the Clean Air Act and defended against Notice of Violations from RMP inspection related to process hazard analysis, mechanical integrity, management of change, compliance audits, and emergency response requirements.
• Represented logistics company in Clean Air Act enforcement action related to operation of crude oil rail offloading facility and its stormwater collection and treatment system.
• Advise oil and gas company on impact of enforcement action and citizen suit against acquisition target.
• Advise clients on compliance with PSD, NSR, NSPS and NESHAP regulations under the Clean Air Act, including strategic considerations for permitting of new process units and upgrades to process units.
• Advise clients on compliance with NPDES permit conditions and assist clients in renewing discharge permits and obtaining new permits.
• Evaluate compliance with state and federal spill prevention and contingency planning.
• Advised chemical company in environmental cleanup and contribution action associated with phosphate mining that resulted in selenium contamination from mining overburden.
• Counsel for the Port of Tacoma in recovering the cost of cleaning up Commencement Bay from its insurers.
• Represent clients in allocation processes for Duwamish and Portland Harbor Superfund Sites.
• Successfully avoided criminal prosecution of a client in response to enforcement proceedings brought by EPA Region 10 related to alleged stormwater permit violations.