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.
Typical matters include working with multi-party Superfund committees, negotiating voluntary cleanup efforts and indemnities and remediating contaminated commercial and industrial properties slated for re-development.
Our lawyers identify opportunities to use environmental regulations to maximize business advantage. For example, we have advised power companies in the Southwest on recycling and reuse of treated wastewater for coolant in order to avoid problems in the use of restricted surface water or ground water rights.
Representative Matters
We 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.
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.
In Texas, filed first-ever notices of audit and disclosures and developed first compliance agreements under state audit laws. Bracewell & Giuliani continues to be a leader in audit disclosure issues at the state and national levels.
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.
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.