Our qualified Environmental Practice Group has expertise in licensing by the Nuclear Regulatory Commission (NRC) for research reactors and radioactive waste disposal facilities. We have handled NRC and state administrative appeals, low-level radioactive waste disposal issues before the numerous Interstate Compact Boards and state agencies, and licensing actions.
Representative Noteworthy Litigation and Transactions
The following are few of both noteworthy and the more typical types of cases that are handled by our Environmental Practice Group.
- Convincing the Seventh Circuit Court of Appeals that a pre-CERCLA indemnification clause also transferred cleanup liabilities. Our qualified was brought into the case after the District Court had rejected the same argument. Kerr-McGee Chemical Company v. Lefton Iron.
- Successfully arguing that the EPA model consent decree language for dispute resolution applied to a decision made by EPA to change the scope of the remediation to be performed, notwithstanding EPA’s argument that such constituted “pre-enforcement review.” United States v. Knote.
- Representation of a Fortune 100 Company in toxic tort litigation in California stemming from the alleged operation of a United States government war-era manufacturing facility. The case involves claims that seepage of toxic materials from the site led to ground water and soil contamination in the surrounding areas, which allegedly caused cancer and other personal injuries and property damage to surrounding inhabitants.
- Successfully arguing that use of a drum reconditioner did not constitute arranging for disposal such as to create Superfund liability. United States v. Cello-Foil.
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