Environmental

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.

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. 

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.

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.

Defended numerous employers in cases in which OSHA was persuaded that it misinterpreted or misapplied the lockout/tagout standard.

Persuaded MSHA to make a determination of no negligence in a mine fatality in which an employee became pinned inside a piece of equipment.

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%.

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. 

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.

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 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.

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. 

Defended company that received two willful citations under OSHA lead standard when manufacturing with leaded brass.  OSHA withdrew both willful citations.

Defended company in OSHA evidentiary hearing in which company asserted that installation of wood trusses constituted steel erection. Administrative Law Judge agreed and vacated the citations.