Favorable Settlement for Client in Environmental Violations Case
The state of Missouri sued our client for environmental regulatory violations and illegal hazardous waste dumping, seeking nearly $3 million to settle the case. Developed evidence through an internal investigation that directly contradicted the state’s primary evidence, resulting in a favorable settlement of only $10,000 for our client.
Puerto Rico Environmental Litigation
Served as lead trial counsel for a petroleum company in suit against the Puerto Rico Environmental Quality Board for imposition of unlawful multimillion-dollar fines for alleged environmental contamination. Obtained injunction against enforcement of the fines in the District Court for Puerto Rico and an affirmance in the First Circuit.
Representation of Joint Venture Partners in Deepwater Horizon Spill
Served as the technical lead attorney representing the Macondo well leasehold joint venture partners in defense of claims and numerous government investigations stemming from the accident onboard the Deepwater Horizon and resulting hydrocarbon release into the Gulf of Mexico.
Representation of Contractor Before State Environmental Agency in Compliance Matters
Assisted in the representation of a general contractor before a state environmental agency in connection with compliance matters and response actions to environmental contamination.
Renegotiation of Nearly 1,000 Retail Leases for Men’s Clothing Retailer
Completed a two-phase renegotiation of nearly 1,000 retail leases across the United States and Canada for a men’s retail clothing client in connection with COVID-19 impacts and the client’s emergence from Chapter 11 bankruptcy proceedings. In the first phase, we negotiated rent deferral agreements for nearly 400 retail locations in connection with the impact of COVID-19 and related government-mandated closures on the client’s operations; and assisted with nearly two dozen litigation matters relating to closures in several states. In the second phase, following the client’s declaration of Chapter 11 bankruptcy, we renegotiated nearly 850 retail leases assumed by the client in connection with the bankruptcy proceedings, successfully finalizing and obtaining full execution of nearly 99% of renegotiated leases submitted for legal review, nearly three times the success rate the client had originally anticipated.
Defense of Client in Contested Sentencing Proceeding
Successfully defended the president of an engineering consulting firm and his company in a contested sentencing proceeding in a criminal environmental case in the Middle District of Pennsylvania. The U.S. Environmental Protection Agency sought substantial jail time plus fines and restitution in a Clean Water Act prosecution. The Court accepted defense arguments and sentenced the client to time served with a three-year period of probation and no fine or restitution. The company received a five-year probationary term and a $10,000 fine, a fraction of the amount sought, and no restitution.
Reduced Sentence on Appeal in First-of-its-Kind Clean Air Act Violation
Handled the first criminal case in Nevada in which someone was prosecuted for violation of the Clean Air Act following a building implosion that released asbestos into the air. The client was given a misdemeanor sentence on appeal.
Defended Company Performing Cleanup at Superfund Site
Defended company who performed $28 million environmental cleanup of PCBs, asbestos and TCE at Superfund site, formerly used for automotive manufacturing, under Administrative Settlement Agreement and Order on Consent. The site is located in a residential area and will be transformed into a recreational facility.
Multimillion-Dollar Environmental Litigation for Fortune 150 Company
Representation of Fortune 150 petroleum and pipeline corporation in third-party multimillion-dollar environmental litigation arising out of operation of petroleum refinery in Illinois. Claims involve assessment of damages and assignment of third-party liability under the Illinois Environmental Protection Act and Illinois Contribution Act.
$35 Million Sale of Industrial Site
Represented the seller in the complex sale of a 1,300-acre industrial property for $35 million. The firm also represented the client in its purchase of the site three years earlier, which included handling several lawsuits inherited in the purchase.
Representation of Global Chemical Company Executives in Criminal Investigation
Represented several senior employees of a global chemical company in a criminal investigation involving alleged violations of environmental laws.
Defended Publicly Traded Company in Cleanup of VOCs, Lead
Represented publicly traded company performing environmental cleanup of VOCs and lead under the Unilateral Administrative Order at a wildlife refugee in Illinois that was a WWII ordnance plant.
Risk Transfer for Two Former Coal-Fired Power Plants
Represented the risk transfer buyer of two former coal-fired power plants and negotiated the collateral package with insurers.
Successful Outcome in Cases Related to Misinterpretation, Misapplication of Lockout/Tagout Standard
Defended numerous employers in cases in which OSHA was persuaded that it misinterpreted or misapplied the lockout/tagout standard.
Trial and Appellate Representation of National Home Builder in Contract, Environmental Disputes
Represented a national home builder in contract and environmental disputes at both trial and appellate levels.
No Negligence in MSHA Fatality
Persuaded MSHA to make a determination of no negligence in a mine fatality in which an employee became pinned inside a piece of equipment.
Citations Vacated for Client in Fatality Involving Construction Crane
Defended company in an OSHA evidentiary hearing involving a fatality on a crane. At the conclusion of the hearing, the Administrative Law Judge vacated all citations.
Reduced Penalties for Dairy Farm in Fatalities Following OSHA SVEP Placement
Defended dairy farm in two separate fatality cases that resulted in repeat OSHA citations and placement on OSHA Severe Violator Enforcement Program (SVEP). At conclusion of negotiation, company was removed from SVEP and penalties were cut by 75%.
No Willful Violations for Publicly Traded Company
Defended publicly traded company in a two-week OSHA evidentiary hearing involving multiple alleged willful violations at a meat plant. At the conclusion of the hearing, the Administrative Law Judge determined there were no willful violations.
No Prosecution for Client in Multiple Fatality Case Referred to the U.S. Attorney
Defended a company in a multiple fatality case that resulted in an OSHA referral to the U.S. Attorney for prosecution. After meeting with the U.S. Attorney, no prosecution resulted.
No Willful Violations in Case Involving Availability of Rescue Boat
Defended company in OSHA evidentiary hearing involving facility and availability of rescue boat. The Administrative Law Judge determined violation was not willful.
Multimillion-Dollar Settlement for Publicly Traded Railroad Facing Environmental Claims
Obtained multimillion-dollar settlement for a publicly traded railroad in environmental claims involving diesel fuel and PCB spills, and numerous signal battery disposal sites against predecessor in interest.
Favorable Result for Company Cited in Violation of OSHA Silica PEL
Defended company that received citation alleging exceedance of OSHA’s silica PEL. Convinced OSHA the sample results were invalid, resulting in withdrawal of citation.
Six Citations Vacated for Electrical Equipment Manufacturer
Defended manufacturer of electrical equipment in OSHA evidentiary hearing where issues all involved possible electrocution hazards associated with high voltage equipment. The Administrative Law Judge vacated all six citations that were issued.
Defended Magnesium Recycler in EPA Cost Recovery Action
Defended magnesium recycler in EPA cost recovery action in Pennsylvania including negotiating consent decree and private party allocation.
Successfully Resolved Matter for Company in OSHA Severe Violator Enforcement Program
Defended company placed in OSHA Severe Violator Enforcement Program (SVEP) involving combustible dust explosion and serious injuries. The case was settled with no willful violations and the company was removed from SVEP.
No Negligence in MSHA Mine Fatality
Persuaded MSHA to make a determination of no negligence in a mine fatality in which the employee was struck by equipment being hoisted.
Representation of Manufacturing Company in Soil and Groundwater Cleanups
Represented manufacturing company in soil and multi-plume groundwater cleanups of PCBs and solvents in Missouri. Persuaded EPA to pursue separate source of groundwater contamination. Site is located in close proximity to drinking water wellfield.
Sale of Superfund Site
Counseled a mining company through the rare sale of a federal Superfund site, an 1,800-acre former cobalt mine. This included securing a collateralized walk-away indemnity for the client, handling the real estate components and assisting with the relationship with another responsible party for the cleanup during the transaction.
Secured Withdrawal of OSHA Citations for Manufacturing Client
Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass. OSHA withdrew both willful citations.
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