Contaminated Sediment Site Management
Contaminated sediment sites present challenges that require a unique skill set to cost-effectively manage what can be extraordinarily large liabilities.
Our Environmental attorneys have experience in numerous ongoing contaminated sediment sites in the United States, including:
- Passaic River/Newark Bay Study Area
- Buffalo River
- Niagara River
- 18-Mile Creek
- Erie Canal
- Mohawk River
- Monongahela River
- Scajaquada Creek
- Houston Ship Canal
We bring a pragmatic, team-based approach to each site, working with our clients and consultants to develop and implement risk management and cost allocation strategies in an effort to minimize liability. We engage attorneys who have a broad range of expertise including:
- Compliance with state and federal environmental statutes and regulations
- Environmental litigation
- Allocation (interim and final) of costs
- Governmental funding programs
- Natural resource defense
We look for opportunities to leverage client resources in conjunction with public funding and other public resources. Our relationships with key regulators and technical experts who are immersed in public policy and technical developments related to contaminated sediments, allow Phillips Lytle attorneys to provide cost-effective management of these sites.
Below are representative cases that illustrate the broad range of involvement Phillips Lytle attorneys have in the various contaminated sites we represent:
- For the legacy owner of a former chemical manufacturing plant with over a mile of shoreline along the Buffalo River in Buffalo, NY, we supported the negotiation of a cost-effective remedy for the Buffalo River under the Great Lakes Legacy Act. Our attorneys negotiated with regulatory agencies, the local municipality and other responsible parties to come to a resolution that successfully met the goals of our client.
- For a chemical company with multiple legacy and active manufacturing facilities that have connections to the Passaic River and other rivers in the Newark Bay watershed, we cost-effectively supported the company’s participation in the ongoing remedial investigation/feasibility study (RI/FS) and related matters, including allocation, remedy selection and natural resource damage negotiations. We have also spearheaded efforts to maximize public funding for remedy implementation.
- For the owner of a chemical manufacturing facility, we manage a contaminated sediment site that is on the National Priorities List.