Environmental Compliance and Litigation
MARC runs a preeminent practice with the resources to manage any environmental challenge confronting our clients, from Fortune 500 corporations to small companies.
We negotiate wise solutions to complicated issues and, if necessary, aggressively pursue litigation. Whether the solution requires intense analysis of the facts as they relate to statutes, or expertise in working with consultants and regulatory agencies, we have demonstrated results. We are well-versed in the spectrum of environmental regulation-from hazardous waste to air and water quality.
Our clients rely on us to develop cost-effective strategies and navigate the complexities of environmental laws and regulations.
In addition, we are regional counsel to a major petroleum company, managing claims litigation and related issues over releases from underground storage tanks and other sources.
And we lead teams of professionals-including hydrogeologists, chemists, consultants, engineers and geologists, among others-to develop the best case.
Clients also turn to us to handle the legal dimensions of a corporate crisis, such as response and investigation, as well as representation in related enforcement actions, litigation and settlements.
When our clients are faced with requirements or enforcement of federal, state and local laws, we develop, implement and manage solutions.
Our practice includes:
- Advice on compliance with competing federal, state and local environmental laws and regulations, including the Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and New York Navigation Law violation notices
- Guidance on environmental permitting for facility operation
- Guidance on environmental, health and safety audits
- Advice on contracts, settlements and accompanying documents
- Assistance with voluntary environmental compliance programs
- Attainment of successful entry into/participation in the Brownfield Cleanup Program
- Due diligence on environmental issues in commercial real estate transactions
- Management of environmental investigation and remediation of soil, soil vapor and groundwater contamination
- Negotiations with the U.S. Environmental Protection Agency, New Jersey Department of Environmental Protection, New York State Department of Environmental Conservation, and other federal and state regulatory agencies
- Purchase/sale of contaminated properties, including compliance with regulations, such as under the Industrial Site Recovery Act (ISRA)
- Transfer or assignment of remediation responsibility, including negotiation of global settlements
At every step, from initial investigation to discovery, depositions, experts, motion practice, trial and appeals, we exercise the diligence and responsiveness clients expect from a firm known for its excellence and sophistication.
Our practice includes:
- Apportionment of responsibility and cost accountability in large cleanups
- Brownfield redevelopment and site-remediation issues
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund) matters
- Environmental insurance coverage
- U.S. Environmental Protection Agency Superfund program and hazardous-substance discharge/cleanup matters
- New Jersey Spill Compensation and Control Act matters
- New York Navigation Law matters
- Public and private-party claims for reimbursement of environmental costs related to property contamination
- Resource Conservation and Recovery Act (RCRA) and Clean Water Act (CWA) matters
- Environmental Conservation Law (ECL) matters
Our recent engagements include:
- Being chosen to represent a Fortune 20 client in its divestment of more than 200 retail service stations in New York State. This includes preparation of purchase/sale agreements, negotiations with interested purchasers, communications and any ensuing negotiations with government entities, and facilitation of compliance with federal, state and local environmental laws.
- Being named common counsel to a large group of potentially responsible parties (PRPs) in the investigation/remediation of a nationally recognized Superfund site, a role that includes negotiations with state and federal government entities and other PRPs.
- Being selected as outside counsel to a Fortune 20 client in a decades-long investigation/remediation of one of the nation’s largest oil spills.
- Acting as regional outside counsel to two, well-respected energy corporations in tort matters and attainment of access to hundreds of sites for investigative/remedial efforts.
- Successfully negotiating the sale of a petroleum company’s environmental remediation responsibilities and legal obligations to the current owner of a contaminated property, under Massachusetts law and Massachusetts Department of Environmental Protection regulations. This included attainment of indemnification obligations and guarantees.
- Representing a client in the sale of a 57-acre property that was significantly impacted by industrial operations. Our work included formulation of a marketing strategy, sale-document preparation, transfer of Brownfield status and attainment of favorable contractual protections.
- Successfully assisting a large corporation in negotiations with government entities and entry/execution of consent orders/decrees and stipulations for client’s investigation and remediation of contamination and liability resolution. Properties included former terminals, plants, refineries and retail locations.
- Successfully representing a client in a multimillion-dollar mediation resolving allocation of costs between two prominent energy companies.
- Representing a Fortune 20 client in New York Navigation Law litigation by New York State, seeking millions of dollars in investigation/remediation costs for a large petroleum plume.
- Successfully prosecuting a cost-recovery action in the New Jersey Meadowlands for a national developer.
- Successfully representing a major oil company in a condemnation/cost-recovery action by New York State.
- Serving as coordinated counsel for major companies in a cost-recovery and enforcement action.
- Representing a group of potentially responsible parties (PRPs) in pursuit of a defaulting member of an agreement to remediate a property in compliance with New Jersey Department of Environmental Protection directives.
- Successfully negotiating the sale of contaminated property to a major Northeast municipality with assignment of all remediation responsibilities to the municipality and indemnification rights from the municipality under Connecticut law and Connecticut Department of Environmental Protection regulations.