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Experience
Environment, Energy & Resources
Decommissioned Steel Foundry
Represent mining and construction parts manufacturer in its shuttering of its main plant steel foundry, counseling on all aspects of the demolition, including state and local environmental planning, compliance and permitting during plant shut-down, decommissioning/demolition, site investigation and potential remediation, as needed.
Portland Harbor Superfund Site (Portland, OR)
Provide ongoing representation of company in multiparty allocation proceeding, negotiation of federal Administrative Settlement Agreement and Order on Consent and state Voluntary Agreement, preparation of Remedial Investigation/Feasibility Study, participation in natural resource damage discussions, and other actions related to contaminated sediments.
Kalamazoo River Superfund Site (Michigan)
Provide ongoing representation of former paper mill owner in negotiation and implementation of CERCLA consent decree, preparation of Remedial Investigation/Feasibility Study, implementation of emergency response, participation in natural resource damage negotiations, and other actions related to contaminated sediments.
Urban Redevelopment Project for Institutional Investor
Represented large institutional investor in negotiating terms of a post-closing remediation agreement between buyer and seller following acquisition of two contaminated urban properties in a stock purchase deal. Worked with state regulatory agency to obtain environmental liability protection for buyer, and obtained final regulatory decisions for both properties.
Santa Susana Field Laboratory (Ventura County, CA)
Provide ongoing representation of government contractor regarding allocation of investigation and cleanup costs in connection with radiological and chemical contamination associated with federal rocket testing and nuclear testing programs.
Cook Inlet Region Inc (CIRI)
Counsel on underground coal gasification (UCG) and carbon capture and sequestration (CCS) permitting and strategic counseling (North America's first such project).
Washington Group International Inc. and Washington Demilitarization Company
Represent WGI and WDC in RCRA and CAA permitting, enforcement defense, administrative appeals relating to incineration of 12% of U.S. chemical weapons stockpile, and defense of RCRA and toxic tort litigation relating to mustard and sarin gas. Assist in military base environmental investigation and in incinerator construction and deconstruction.
Environmental Counseling and Compliance
Environmental and Regulatory Permitting Counsel for Large Mine Projects
Serve as primary environmental and regulatory permitting counsel for various large metal mines in Alaska as well as assisting with spill reporting, cleanup, compliance and other environmental matters.
Food Licensing and Regulatory Compliance
Advise on state and local licensing, food safety and consumer protection regulations applicable to food retailers and food delivery in each market.
Permitting
Work with clients to obtain and defend permits, licenses, and other government approvals.
Compliance
Work with clients to ensure compliance with federal, state and local regulatory requirements.
Environmental Audits
Conduct audits of client facilities, operations and systems.
Brownfields Redevelopment
Represent buyers and sellers in transactions for redevelopment of contaminated properties.
Environmental Due Diligence in Real Estate and Corporate Transactions
Complete due diligence investigations; negotiate and draft merger and acquisition agreements involving environmental, safety and health issues in connection with real estate and corporate transactions.
Enforcement Defense
Confidential Clients
- Defended federal and state civil penalty actions involving CERCLA natural resource damage claims, Clean Water Act claims and alleged violations of hazardous waste laws.
- Defended tank farm operator against administrative and criminal charges and natural resources damages arising out of oil spill.
- For both railroad derailments and tanker truck accidents involving oil spills: addressed emergency response, reporting, agency involvement, remediation, Coast Guard and public notice requirements, and defense of federal and state penalty actions.
- Completed internal investigations of potential criminal and civil violations of environmental laws.
Litigation
Defend Natural Resource Damages Suit by Tribe at Portland Harbor Superfund Site
Defend Kinder Morgan Liquids Terminals, LLC and Kinder Morgan Operating L.P. in a natural resource damages lawsuit brought by the Yakama Nation in federal district court against 30 defendants with facilities located within the Portland Harbor Superfund Site investigation area. The Yakama Nation is seeking both past response costs in connection with the Portland Harbor as well as future natural resource damage assessment costs associated with the Multnomah Channel and the Lower Columbia River.
GASP, et al. v. Environmental Quality Commission, U.S. Department of the Army and Washington Demilitarization Corporation
Defense counsel for intervenor Washington Demilitarization Corp. (WDC), incinerator operator, 2009 defense against TRO and PI motions and subsequent successful summary judgment, relating to incineration of 12% of U.S. chemical weapons stockpile, addressing Resource Conservation & Recovery Act (RCRA) and Clean Air Act (CAA) permit matters.
J.F. Shea Co., Inc.
Defense of dispute involving members of limited liability company, which owned and operated a large ready-mix operation and gravel quarry in Southern Oregon. Prevailed on motions to dismiss numerous claims, including breach of LLC member fiduciary duties, minority member oppression, and breach of employment contract. Procured favorable settlement and dismissal of remaining claims.
