Site Remediation

The cleanup of contamination can encompass projects ranging from a minor spill that can be addressed in a matter of minutes to a complex, years-long, multi-party investigation and remediation of soil and groundwater contamination and restoration of damaged natural resources. Remediation is also a key element of redeveloping contaminated "brownfield" properties as urban areas (and, increasingly, older suburbs) struggle to return abandoned and underutilized former industrial sites to productive reuse.

MGKF lawyers, with the assistance of our in-house technical consultants, have experience in the myriad site remediation issues that these projects present. We guide our clients through applicable notice, investigation, cleanup, and post-cleanup requirements, helping them tailor a remedial strategy appropriate to the circumstances under both federal and state laws while remaining consistent with business objectives. The following is a very brief summary of our site remediation practice, more details of which may be found by following the links below or in the left column of this page:

• Federal Cleanup Programs: Under federal law, remediation and associated litigation is addressed primarily under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund"), the various corrective action requirements of the Resource Conservation and Recovery Act ("RCRA"), and the polychlorinated biphenyl ("PCB") cleanup regulations promulgated under the Toxic Substances Control Act ("TSCA"). We also have experience with the specialized remediation requirements of the Base Realignment and Closure Act ("BRAC"). All of these federal cleanup programs may also come into play in redeveloping brownfields.
• State Cleanup Programs: Most states have cleanup programs that parallel federal law, but are often tailored toward parties who wish to remediate property on a voluntary basis without the need for state enforcement or cost recovery litigation. These state voluntary cleanup programs, frequently used by brownfield redevelopers, commonly specify contaminated site investigation procedures, soil and groundwater cleanup standards, and criteria for permanent remedies and the use of engineering and institutional controls. States also have special requirements to address the remediation of underground storage tank ("UST") releases regulated under the federal RCRA UST program and analogous state authorities. Further, some states, such as New Jersey, have cleanup requirements triggered when property is transferred or industrial establishments cease operations.

In addition to counseling clients on the regulatory aspects of remediation programs, we also provide legal counsel on related issues that often come into play during site cleanups:

• Environmental Insurance: Environmental insurance may be a useful tool in managing risks associated with both historic contamination and releases from current operations. It also can provide a hedge against unforeseen cost increases in performing a remediation. Moreover, lenders frequently require environmental insurance at brownfield sites as a condition to financing, and local governments may require it in connection with large-scale municipal redevelopment projects. We help clients secure these policies in coordination with insurance brokers, and assist in negotiating policy terms.
• Public Funding: Particularly where remediation is necessary at large-scale redevelopment projects promoted by local officials, securing public funding may be a critical element of project feasibility. We have experience assisting clients to secure grants, low-interest loans, and other financial assistance from both federal and state sources to help underwrite site investigation, cleanup, and related development activities. Funding may also be available for underground tank cleanups under state financial assurance and grant programs.
• Cost Recovery: Where other recalcitrant parties bear all or part of the responsibility for remediation, we assist our clients in litigating claims against these parties for cost recovery or injunctive relief.