Bracewell & Giuliani's Environmental Strategies Group represents and counsels manufacturers, chemical producers, energy companies and other firms in a wide variety of environmental matters including major site remediation, Superfund (CERCLA), and cost recovery and natural resource damages issues. Our work covers the full range of contamination matters, including water and watershed areas; municipal and rural properties; landfills; manufacturing and industry sites; river; stream, lake and sediment issues; soil contamination; and energy-sector industrial sites. This experience includes:
- Litigation of contribution actions for cleanup liability at third-party disposal sites.
- Working with multi-party Superfund committees, negotiating voluntary cleanup efforts and indemnities, and remediating contaminated watersheds and commercial and industrial properties slated for redevelopment.
- Evaluating the nature and extent of contamination and developing cost-effective, environmentally sound responses within the right legal framework.
- Identifying opportunities to use environmental regulations to maximize business advantage.
- Defending toxic tort litigation arising from exposure to soil, groundwater and sediment contamination.
Our environmental lawyers team with geotechnical engineers, hydrogeologists, chemists, environmental consultants, insurance providers, financing institutions, regulatory agencies and other legal counsel to identify and implement sophisticated techniques that restore contaminated sites. We evaluate the nature and extent of the contamination, help estimate the cost of remediation, and develop a cost-effective, environmentally sound response within the right legal framework.
Representative Matters
Represented a major consumer products manufacturing company in North America in the divestiture of an industrial facility located inside the boundaries of a National Priority List Superfund site located in Rhode Island.
Advised a leading nuclear fuels company with respect to its bids for major government contracts for identifying, assessing, stabilizing and disposing of mixed (hazardous and radioactive) waste at Oak Ridge, Hanford and similar sites.
Defense of a municipally owned electric utility in connection with a National Priority List Superfund site in North Carolina, a major Superfund matter involving PCB contamination in soil, groundwater, and stream and lake sediments.
Defense of a client against potential liability for numerous abandoned lead and barite mining sites in eastern Missouri, including alleged widespread soil contamination and affected watersheds arising from mining activities dating back over one hundred years. This federally-led investigation into potential abandoned mine "mega-sites" involves complex legal issues on restoration standards and tangled chains of corporate successors.
In New Jersey, advised the target of judicial and administrative proceedings seeking to compel the largest remediation of contaminated river sediment in the United States and to recover additional damages for wrongful economic gain, punitive damages and losses due to increased dredging costs over several decades.
Represent two large chemical manufacturers at the Star Lake Canal Superfund site in Port Neches, Texas. This matter involves contaminated surface water sediments related to discharges since World War II.
Advised a client at the Kalamazoo River Superfund site in a case involving contaminated river sediment and PCBs and dioxins issues.
Negotiated the definitive indemnity agreement concerning contaminated industrial property slated for development of an onshore LNG terminal, in coordination with collateral proceedings before FERC and under intense public scrutiny.
Representation of a potentially responsible party at a municipal landfill cleanup in New Jersey, including the resolution of claims regarding response costs, natural resource damages and toxic torts.
Served as lead environmental counsel on the acquisition of a consumer products manufacturer, an international transaction involving several National Priority List Superfund sites, RCRA corrective action sites and other significant environmental cleanup sites.
In New York, at the Mattiace Superfund Site, negotiated a groundbreaking agreement with EPA to transfer PRP (Primary Responsible Party) liability to a third-party contractor, and negotiated a fixed fee remediation agreement with the contractor and the insurance company, backed by insurance coverage.
Defense of a NASA shuttle contractor, in suit over TCE and vinyl chloride contamination of groundwater. Also represented contractor in site closure negotiations with regulatory agency following implementation of groundwater remediation system.
Represented a large property owner in obtaining a settlement agreement with its major defense contractor tenant where the contractor agreed to remediate chlorinated solvent contamination of groundwater to closure through state's voluntary cleanup program.
Defended a major cement, concrete, and aggregates manufacturer and a Fortune 500 medical device manufacturer at CERCLA site involving contamination of groundwater by volatile petrochemical solvents. This contamination affected drinking water wells serving over 100,000 consumers.
In litigation concerning the Sikes Superfund site, one of the largest Superfund cases in the United States, represented Goodyear Tire & Rubber Company in United States of America, and the State of Texas vs. Atlantic Richfield Company, et al. vs. Champion International, Corp., et al., in the United States District Court, Southern District of Texas, Houston Division.
Defended a polymer manufacturer in a suit by the Department of Justice for CERCLA response costs. Case involved commingled wastes in soil and groundwater from 35 refinery and petrochemical plant defendants. Contaminants included refinery wastes, including benzene, ethylbenzene, toluene, polychlorinated solvents and lead. Litigated liability and allocation issues.
For a municipal development authority, advice on the environmental aspects of the proposed re-development of a mothballed military base.
In California, negotiated a cleanup agreement with a state agency regarding PCB conditions in a property slated for development.
In Mississippi, at the IPC Superfund Site, led a PRP group of over 100 parties, and negotiated an agreed order on consent with EPA to resolve liability for the PRP group.
Defended a large chemical company with regard to the Operating Industries, Inc. Superfund Site in Monterrey Park, Los Angeles County, California, a site involving volatile organic compound contamination from landfill in groundwater and water-wells serving 23,000 consumers.
Defended and represented on the de minimis steering committee a large chemical company with regard to the Casmalia Resources Superfund Site in Santa Barbara County, California, a site involving groundwater contamination by gasoline constituents and volatile petrochemicals.
Defended a major telecommunications firm with regard to the McAdoo Superfund Site, Pennsylvania, a site involving heavy metals contamination of groundwater.
Defended Double Eagle Refining with regard to the Hardage/Criner Superfund Site, Oklahoma, a site involving solvent contamination of groundwater.
Defended an energy company with regard to the Gulf Coast Vacuum Superfund Site, Louisiana, a site involving contamination of shallow aquifers alleged to be source of drinking water for 2,600 nearby residents and irrigation water for over 1,000 nearby acres.
Defended a major health care products manufacturer, with regard to the San Gabriel Valley National Superfund Site, Baldwin Park Operable Unit - Baldwin Park, Los Angeles, California, a site involving contamination of groundwater by volatile petrochemical solvents. This contamination affected drinking water wells serving over 100,000 consumers.