Remediation and Superfund

Remediation and Superfund

Overview

Schiff Hardin lawyers represent clients at many of the largest, most technically complex, environmental cleanups in the United States, including high-profile sediment sites.  To address the risks and recognize opportunities presented by these sites as they proceed from investigation and potentially responsible party identification, stakeholder negotiations, and remediation requires a mixture of technical acumen and legal savvy that few lawyers have.  The experienced lawyers in Schiff Hardin’s Environmental Group are adept at managing these cleanups, whether they occur under the federal Comprehensive Environmental Response, Compensation and Liability Act (commonly called Superfund) or related state programs.

Superfund

Since Superfund was enacted decades ago, Schiff Hardin attorneys have represented clients bringing and defending cost recovery and contribution litigation actions. We are experienced in working collaboratively with regulators and using litigation unilaterally where regulators fail to address our clients’ problems. Members of our group have addressed complex logistical challenges while keeping keenly focused on our client’s goals. The Schiff Hardin team also is well versed in the unique statutory rights and case law implicated when demand for Superfund contribution is made against a fiduciary or trustee.

Voluntary Remediation

When clients conduct voluntary remediation under state laws, Schiff Hardin attorneys assist them in remediation and redevelopment projects from ”Phase I” site investigations through recording of No Further Action Letters. Schiff Hardin has the experience to recognize potential regulatory or community concerns and eliminate or minimize them to achieve project objectives.

Our significant voluntary remediation capabilities include Brownfields redevelopments involving former industrial, commercial, transportation and utility facilities.  The firm has represented developers nationwide in rehabilitating environmentally challenged real estate for productive use.  And as clients begin the process of decommissioning and closing manufacturing plants, they rely on Schiff Hardin to evaluate potentially responsible parties, develop investigation and remediation strategies, and help projects run smoothly.

Energy and Environmental Law Adviser

DOJ Policy Review of SEPs May Have Big Implications for Company Environmental Settlements

The U.S. Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions. This review could potentially have far-reaching implications for companies that seek to settle such actions brought by either the federal government, or in the case of... Continue Reading

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