Representation (for 15 years) of major railroad at former creosote wood-treating site in Florida, beginning with negotiation of federal consent order for remedial investigation/feasibility study and continuing through the Superfund process; co-counsel in private mass tort action. Lee v. CSX Transportation, Inc., 958 So.2d 578 (Fla. 2d DCA 2007).
Representation (over more than a decade) of railroad at the Former Gautier Oil Company Site in Gautier, Mississippi, and assisted moving the Site through the Mississippi voluntary cleanup and Brownfield program. Site awarded EPA’s Phoenix Award for excellence in Brownfield Redevelopment (2011 Region 4 Winner).
Advice to major municipality on management of environmental risk in office park development on Superfund site, including role of environmental insurance.
Representation of Florida developer in acquisition and development of historically mined property also used for sludge disposal.
Representation of a leading supplier of rail-based freight transportation in North America in a cost recovery action by auto dealer alleging environmental response costs arising from development of property on site of former industrial wastewater lagoon against alleged prior owner and operator of lagoon.
Defense of Clean Water Act citizen suit in Southern District of Georgia.
Defense of CERCLA cost recovery action in U.S. Bankruptcy Court for the Southern District of Texas.
Defense of California OSHA enforcement actions against staffing company.
Defense of OSHA actions against dental clinics in Pennsylvania and Michigan.
Advice to bank on risk management for contaminated real estate in foreclosure.
Defense of environmental consulting firm in toxic tort wrongful death action in state court in Miami, Florida.
Advice to purchaser of commercial business in Tampa, Florida, on structuring of transaction and brownfield process.
Defense of mass environmental tort action arising from alleged groundwater contamination in Polk County, Florida, and associated regulatory actions related to petroleum and hazardous substance contamination.
Defense of CERCLA cost recovery action brought in the Middle District of Florida against adjacent landowner.
Chair, BCX Tank Superfund Site PRP Group.
Defense of cement manufacturer in Mine Safety and Health Administration enforcement action arising from near-fatal accident.
Defense of environmental class action arising from alleged soil contamination in state court action in Florida's Panhandle. St. Joe Co. v. Leslie, 912 So.2d 21 (Fla. 1st DCA 2005).
Representation of major railroad at former creosote wood-treating site, beginning with negotiation of federal consent order for remedial investigation/feasibility study and continuing through the Superfund process; co-counsel in private mass tort action. Lee v. CSX Transportation, Inc., 958 So.2d 578 (Fla. 2d DCA 2007).
Defense of Florida municipality in state enforcement action arising from alleged construction and operation of unpermitted solid waste landfills.
Advice to manufacturer on regulatory, commercial and tort issues arising from former operation and sale of facility found to be contaminated with chlorinated solvents.
Defense of Florida-based trucking company in environmental cost recovery actions. State Department of Environmental Regulation v. CTL Distribution, Inc., 715 So.2d 262 (Fla. DCA3 1998).
Advised client on an apparent violation of its “synthetic minor” Florida air permit—exceedances of an annual limit on chemical usage to avoid VOC emissions. Assisted with the disclosure of the apparent violation to the FDEP in a manner that resulted in an agency decision not to take enforcement action.