The federal Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), commonly known as Superfund, and its state law equivalents create potential liability for investigation and remediation costs, and damages to natural resources.  Schiff Hardin's Environmental Group regularly assists companies in assessing their liability and evaluating settlement or litigation options.

We assist clients in:

• Investigating and evaluating the evidentiary basis of the CERCLA claim
• Negotiating the settlement document 
• Strategic planning for remedial investigations, including timely use of risk reduction evaluations
• Advocating for cost-effective, and sometimes innovative, remedies that reduce risk
• Identifying and interpreting applicable or relevant and appropriate requirements (ARARs)
• Forming and working within a joint defense group
• Developing community relation plans designed to foster good communication with regulators, civic leaders, community groups and other stakeholders
• CERCLA litigation, including defending clients in cost recovery and contribution actions and asserting such claims against other potentially responsible parties

Over the years, we have represented manufacturers, utilities, and mining, chemical and pharmaceutical companies at Superfund Sites across the United States. We also have represented banks and finance companies regarding CERCLA liabilities. We have advised on lender liability questions, including the applicability of the secured creditor exemption. We also defended a bank trust department in a case seeking to impose CERCLA liability on the corporate trustee/fiduciary.

Some other significant CERCLA capabilities include the following:

Sediment Sites

Contaminated sediment sites have earned increased attention in recent years.  Sediment sites often present more complex technical and legal challenges than the more "traditional" Superfund sites.  We have significant experience counseling clients with alleged liability at a variety of sediments sites, from the remediation of a small section of contaminated sediments in a creek bed, to participation at some of the largest and potentially most expensive sediment sites in the country.

Common Counsel Representation in Superfund Matters

Common counsel representation frequently involves years of close involvement with myriad aspects of a site. Defining common counsel's role and helping clients achieve their goals require skills that cross many legal disciplines, skills that we have demonstrated for more than 20 years at numerous sites across the country.

Fiduciary and Trustee Representation

When a demand for Superfund contribution is made against a fiduciary or trustee, unique statutory rights and case law are implicated. We are well-versed in the issues that arise in such cases, and have experience representing fiduciaries and trustees in contribution litigation under Superfund.