Remediation & Superfund

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 ArentFox Schiff’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, ArentFox Schiff 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 ArentFox Schiff 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, ArentFox Schiff attorneys assist them in remediation and redevelopment projects from ”Phase I” site investigations through recording of No Further Action Letters. ArentFox Schiff 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 ArentFox Schiff to evaluate potentially responsible parties, develop investigation and remediation strategies, and help projects run smoothly.