Environmental Site Remediation

Clients depend on legal counsel to work with company personnel, environmental consultants and regulators to develop plans that efficiently and effectively address appropriate cleanup or containment goals.

Sites containing contamination from hazardous materials are subject to costly remediation or containment under several federal, state and local regulations. McGrath North has expertise assisting clients who own or purchase these properties in resolving environmental challenges involving the proper management and cleanup of hazardous contamination. We offer extensive experience in negotiating regulatory orders and Brownfields and voluntary remediation agreements with environmental agencies and private parties. We assist our clients by participating in potentially responsible party (PRP) groups to perform remediation projects. We advise clients on risk based cleanup options.  We also assist clients with obtaining funds for cleanup, through insurance recovery, agency cleanup funds, and governmental grants and incentives.

Representative Matters:

• Represents the former owner of a pesticide and fertilizer manufacturing company in Georgia in connection with a Voluntary Remediation Program agreement with the Georgia Environmental Protection Department (EPD).  The Compliance Status Report submitted to the Georgia EPD includes a Corrective Action Plan for soil, groundwater and surface water investigation and remediation for a cost of approximately $25 million.
• Represents a former manufacturer of electronic components for PCB and solvent contamination of soil and groundwater at three sites in Mississippi.  The cleanup is connected with the Mississippi Department of Environmental Quality and a previous owner and operator.
• Represents a former owner of a chemical manufacturing company in Massachusetts in connection with an Administrative Order on Consent with U.S. Environmental Protection Agency for remedial investigation, feasibility study, remedial design and remedial action regarding contamination of a 50 acre former landfill.  Representation includes an extensive mediation of approximately 30 Potentially Responsible Parties to allocate investigation and remediation costs in an amount of $30-$40 million.
• Represents the former owner of an industrial manufacturing facility located in New Jersey in connection with the New Jersey Department of Environmental Protection (NJDEP).  The Administrative Order on Consent requires investigation and cleanup of the site and adjacent wetlands arising out of PCB contamination.  Representation includes negotiation with the NJDEP regarding natural resource damages.
• Advised a church with respect environmental matters on its acquisition of a former computer component manufacturing facility, with contamination subject to cleanup requirements, and conversion of the facility for use as a place of worship and related church activities.
• Represents a former chemical manufacturing company in Connecticut in connection with an Administrative Order on Consent with U.S. Environmental Protection Agency regarding contamination at a former solvents retreatment, reclamation, disposal and storage facility.  Representation included allocation of investigation and remediation costs of approximately $60-$90 million among 2,000 Potentially Responsible Parties.  Remediation includes thermal treatment of bedrock and groundwater contamination of approximately 42 acres near a regional river waterway.
• Represents a former fertilizer manufacturer in Florida in connection with a voluntary cleanup of soil and groundwater.  The cleanup is pursuant to a negotiated cost share agreement with a subsequent purchaser.
• Represents a former owner of a phosphate fertilizer manufacturing facility in North Carolina in connection with a nontime critical removal action pursuant to an Administrative Order on Consent with U.S. Environmental Protection Agency and North Carolina Department of Environment and Natural Resources.  Remediation includes in situ soil and groundwater treatment, post-removal groundwater monitoring and land use restrictions.