Contaminated Properties/CERCLA

We have a proven record of successfully facilitating the cleanup and redevelopment of a large variety of complex contaminated properties throughout the Intermountain West

Overview

Applying our extensive experience representing clients in cleanups at Superfund and other contaminated sites, Parsons Behle & Latimer has developed substantial experience in representing developers, prospective purchasers and lenders concerning the cleanup and redevelopment of abandoned or underutilized contaminated sites, often referred to as Brownfields sites. Many of these properties have historically posed significant legal challenges that have discouraged their cleanup and redevelopment. However, our attorneys have successfully utilized creative legal, financial and insurance solutions to assist clients throughout the Intermountain West with cleanup and redevelopment of contaminated properties.

The firm currently represents clients in significant Brownfields projects in various states around the West. Our attorneys have extensive experience in negotiating and drafting agreements with the government and private parties that limit the liability of our developer clients, obtaining government permits and approvals, pursuing cost recovery claims, finding insurance products, and negotiating and drafting insurance policies that address a wide range of potential liabilities and risks associated with the acquisition, cleanup and redevelopment of Brownfields sites.

Team

Key Contacts

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Experience

Cleanup of former uranium mine in New Mexico

Represented a mining client in a CERCLA removal action concerning the former San Mateo uranium mine in San Mateo, New Mexico. Representation included negotiations of an administrative order on consent and removal action scope of work with the United States and a cost sharing agreement with other potentially responsible parties; managing and overseeing the removal action work performed by environmental consultants retained on the project; and overseeing post closure activities. The PRPs filed a cost recovery claim against the United States to recover a portion of its U.S. $7.5 million costs. Following the filing of the complaint, the client entered into separate settlement negotiations with the United States, which resulted in a cost recovery for the client and final settlement with the United States, United States Department of Justice and United States Environmental Protection Agency, memorialized in a final approved consent decree.

Acquisition and cleanup of former manufacturing facility

Parsons Behle & Latimer was retained by a property development client to represent it in the acquisition and remediation of a contaminated former 400-acre manufacturing facility for development into a business park. In addition to negotiating the remediation plan and environmental covenants with the Utah Department of Environmental Quality, we represented client in negotiations with an insurance company to acquire environmental cleanup insurance to cover cleanup cost overruns and third party liability claims. Currently advising client on post remediation groundwater monitoring issues.

PCE cleanup cost recovery lawsuits

Parsons Behle & Latimer was retained by a retail client to represent it in the recovery of cleanup and defense costs concerning the remediation of perchloroethylene in soils and groundwater at sites in Lodi, California, Bozeman, Montana and Bellevue, Washington. Defended cost recovery lawsuits filed by municipalities and shopping center landowners; successfully pursued cost recovery actions against and settlements with tenant dry cleaning operators and historic primary and excess liability insurance companies of several million dollars.