Environmental Disputes
Benesch attorneys help their clients cost-effectively and creatively resolve environmental disputes, which arise in myriad forms: from government enforcement claims alleging noncompliance with regulatory obligations, to complex Superfund cleanup litigation involving anywhere from a few defendants to dozens of parties, to disputes between private parties seeking to transfer or allocate responsibility for an environmental liability.
We routinely defend civil and administrative environmental investigations and enforcement actions taken by the government. We also have handled numerous appeals before the Ohio Environmental Review Appeals Commission. Our environmental litigation practice represents individual companies in Superfund litigation and various state proceedings.
The Group’s Superfund practice has involved the representation of individual companies in large multi-party cases. The Group has extensive litigation experience in private cost recovery actions and has achieved successful numerous substantial settlements on behalf of clients.
Experience
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Defended a former batter manufacturer against Superfund and state law claims brought by a former owner of a secondary lead smelter who alleged that the client’s participation in lead reclamation agreements with the smelter constituted arrangement for disposal.
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Defended the former owner of secondary lead smelter in Superfund litigation seeking cleanup of the smelter site and over 8000 off-site residential properties allegedly contaminated by aerial deposition of lead emitted by the smelter.
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Represented an Ohio municipality in obtaining reimbursement and indemnification from an industrial party whose wastes had contaminated the municipality’s public wellfield.
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Defended former owner of a semiconductor fabrication facility against efforts by the local water control board to draw the client into investigation and potential remediation of groundwater contamination emanating from a nearby Superfund site.
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Obtained dismissal of a foreign company from a billion-dollar California Superfund case by demonstrating that the client could not be deemed the corporate “alter ego” of a U.S. company that previously owned the site at issue, thus establishing that the client was not subject to the personal jurisdiction of a California court.
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Assisted with the development and eventual settlement of extensive environmental bankruptcy claims against chapter 11 debtors that had previously assumed such liabilities from the client.
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Obtained dismissal of a foreign company from an Oklahoma Superfund case by demonstrating that the client could not be deemed the corporate successor of a German company that allegedly arranged for disposal at the site, thus establishing that the client was not subject to the personal jurisdiction of an Oklahoma court.
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Obtained dismissal with prejudice of claims against client in multi-plaintiff “cancer cluster” mass tort case based on evidence from an environmental investigation that demonstrated there was no causal connection between the client’s former rubber manufacturing facility and the plaintiffs.
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Defended owner of former lead recycling facility with respect to Superfund response costs and natural resource damage liability in connection with the Portland Harbor Superfund Site, including participation in PRP-driven allocation exercise.
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Defended an Ohio client against the attempt by Ohio EPA to terminate the client’s enforcement protection under Ohio EPA’s Voluntary Action Program (VAP), culminating in summary judgment in the client’s favor.
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Negotiated defense and indemnification agreement for client named as a defendant in numerous ethylene oxide (EtO) cancer claims.
- Represented the current owner of an Ohio petroleum refinery in negotiation of a private settlement agreement enforcing the prior owner’s contractual environmental indemnity commitments.
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Defended a client against Superfund contribution claims arising from Superfund site located within a National Park.
- Defended the former owner/operator of an Ohio paper plant in environmental litigation brought by the current site owner seeking $38 million for alleged PCB contamination under the Resource Conservation and Recovery Act, RCRA, Superfund and common law.
- Defended a client against claims by the Michigan Department of Environmental Quality that the company's management of paint-booth cleaning solvents violated hazardous waste regulations.
- Defended a metallurgical manufacturing company in a Clean Water Act and Superfund natural resource damage lawsuit brought by the United States, Ohio and West Virginia alleging that a wastewater treatment chemical used by the client had killed fish and freshwater mussels in the Ohio River.
- Defended an electronics manufacturer against third-party claims in an Ohio toxic tort class action arising from commingled ground water contamination plumes.
- Obtained rare dismissal with prejudice of a claim alleging breach of an environmental settlement agreement, based on plaintiff’s unreasonable delay in prosecution, followed by affirmance by U.S. Circuit Court of Appeals for the 6th Circuit.
- Defended the prior owner a New York petroleum distribution terminal against federal and state law environmental claims brought by the current owner and operator of the facility, including negotiation of cleanup agreement.
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Defended a client against a private party’s state and federal Superfund claims alleging that the client’s former battery manufacturing operations had contributed to residential lead contamination in Depew, NY.
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Defended the owner of bulk petroleum terminal against a Resource Conservation and Recovery Act (RCRA) citizen suit and Superfund claims brought by an Ohio municipality alleging petroleum from the terminal was infiltrating the plaintiff’s public sewer system.
- Defended a petroleum company against claims by Ohio EPA seeking remediation of an 80-year-old former petroleum refinery site, including negotiation of a novel risk-based remedy for the site.
- Negotiated the settlement of U.S. EPA’s Superfund claim for costs incurred to replace residential wells with municipal water lines in an area in New Hampshire contaminated with 1,4-dioxane.
- Defended a client against claims asserted by Wisconsin municipality seeking to recover remediation costs for the municipality’s former town dump.