Services:
- CERCLA/Superfund
- RCRA
- Toxic tort
- NRD
- Private cost recovery
- Insurance coverage
- Compliance
- Auditing
- Remediation
- Brownfields
- Bankruptcy
- Occupational safety
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Any lawyer’s most important role is that of problem solver. As the following case studies indicate, Lowenstein Sandler’s environmental attorneys excel in this role.
- Our client, a chemical manufacturer, suffered an explosion at one of its facilities that resulted in the deaths of five employees, injuries to hundreds of others, and extensive property damage. We dealt with all aspects of the aftermath, such as working with state and federal authorities to facilitate the emergency response and subsequent cleanup; developing and presenting the company’s complex insurance coverage claims; coordinating the company’s response to OSHA and criminal investigations; and resolving literally thousands of claims by local residents for personal injury and property damage.
- The firm represents a real estate developer who proposed an upscale retail mall. Parties opposing the development included the local newspaper and a very active and vocal environmental group, each raising a series of legal and procedural challenges to the project’s environmental approvals. Our attorneys successfully handled these challenges to the land use and environmental approvals, as well as an administrative appeal of a state rulemaking that could have adversely affected the development. The project remains on track.
- Lowenstein Sandler’s client, a specialty chemical manufacturer, maintained a closed plant and landfill situated on 1,300 acres in an area that, over time, had become largely residential. Due to historic disposal practices, the plant and landfill were placed on the National Priority List (NPL) of Superfund sites. The firm worked closely with the client to develop and obtain approval of a remediation plan for the site. In addition, we handled a number of claims by area residents for property damage and personal injury, including multiple claims of childhood cancer that were resolved through an innovative mediation process, of which we were the principal architects. We are currently advising the client with respect to a claim for natural resource damages and assisting the client in the possible commercial development of the site.
- Our client, a manufacturer of copper tubing and related products, was named as a potentially responsible party under CERCLA at 17 interrelated waste disposal sites in a small, industrialized town in southern Illinois. Our representation of the client has included coordinating a multimillion-dollar removal action; prosecuting a three-week contribution trial against a Fortune 500 chemical company; defending various government cost-recovery claims; and developing a unique alternative dispute resolution agreement with two other potentially responsible parties that enabled the client to avoid protracted litigation.
Environmental problems come in all shapes and sizes. These are but a few examples of the knowledge, creativity, and common sense that Lowenstein Sandler’s attorneys employ as they fulfill their roles as environmental problem solvers.
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