Contaminated Properties/CERCLA

Represented Homestake Mining Company 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 currently overseeing post closure activities.  The PRPs filed a cost recovery claim against the United States to recover a portion of its US$7.5 million costs.  Following the filing of the complaint, Homestake entered into separate settlement negotiations with the United States, which resulted in a cost recovery for Homestake and final settlement with the United States, United States Department of Justice and United Stares Environmental Protection Agency, memorialized in a final approved consent decree.

Parsons Behle & Latimer was retained by the University of Utah to represent it on remediation, restoration and cost reimbursement claims against Chevron arising from the rupture of Chevron's pipeline on the client's property resulting in the release of crude oil to surface and subsurface soils, a nearby creek and riparian areas. Chevron performed all required remediation and restoration work and paid client's attorneys' fees.

Parsons Behle & Latimer was retained by a mining client to represent it in the negotiations with the United States Environmental Protection Agency on proposed new regulations concerning financial assurances requirements under the Comprehensive Environmental Response, Compensation and Liability Act.

Parsons Behle & Latimer was retained by a mining client to represent it on environmental liability issues concerning initially the privatization and later ongoing operations of its smelter in La Oroya, Peru. Principal issues included amendments to the PAMA (consent decree) and obtaining commitment from the Government of Peru to perform soil remediation in the town of La Oroya and to indemnify client for bodily injury claims brought by parents in La Oroya on behalf of their children exposed to lead in the soils in exchange for client's commitment to complete its final environmental project under existing PAMA.

Parsons Behle & Latimer was retained by a natural gas client to represent it in the cleanup of a former agricultural and industrial formulation facility known as the Wasatch Chemical Superfund Site in Salt Lake City. Represented client in all phases of the CERCLA process and in litigation involving other potentially responsible parties. Recovered over $25 million from those parties and from current and former insurance companies. Currently representing client in the groundwater remediation phase and transition in remedial action from pump and treat to monitored natural attenuation.

Parsons Behle & Latimer was retained by a mining client in Utah to represent it in the recovery of environmental cleanup and defense costs. Applying choice of law principles to find the most favorable jurisdiction for insurance coverage purposes, advised client on filing cost recovery lawsuit in Minnesota. Following successful defense of forum non conveniens and other related challenges before the Minnesota Supreme Court, client settled the matter with its historic insurance company.

Parsons Behle & Latimer was retained by a trucking client to represent it in the defense of EPA CERCLA liability claims and toxic tort lawsuit filed by down gradient subdivision landowners at the Brookhurst Superfund Site in Casper, Wyoming. Applying results of the remedial investigation studies, EPA issued a letter that client was no longer considered a potentially responsible party at the site. Using the remedial investigation studies and EPA letter, successfully defended client in the toxic tort lawsuit. Defense costs in both the EPA and toxic tort litigation were paid by the client's insurance company.

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.

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.