In 2008, the General Accounting Office estimated the total value of Superfund enforcement activities at National Priorities List (NPL) sites from 1979 to 2007 exceeded $29.9 billion dollars, and these amounts do not include settlement agreements or private party voluntary cleanup attempts. Since the Superfund tax expired in 1995 and was not reauthorized, cost recovery has now become an even greater enforcement priority for the federal government.

We frequently represent companies in Superfund cases, serving as lead national counsel for Fortune 500 companies at some of the most challenging sites in the country. One recent matter that brought all of our experience to bear involved representing a national metals mining and refining company in connection with $6.5 billion in environmental bankruptcy claims at approximately 75 federal and state Superfund and related sites across the country. The U.S. Department of Justice describes this case as the "the most complicated environmental bankruptcy in United States history."

Another key strength involves developing strategies for recovering cleanup costs expended by our clients. We work with technical experts and company leadership in prosecuting cost recovery actions against both private parties and the government. We have a long and successful track record of recouping costs from governmental entities who have contributed to site contamination as owners, operators or generators.

While we pursue reasonable settlements of Superfund-type claims where possible, we are prepared to resort to litigation if necessary. For example, we defended a multinational consumer products company from claims for more than $100 million in remediation costs. This case resulted in one of the most important Supreme Court decisions in CERCLA history: The Court found that Superfund liability can be imposed on corporate parents for the actions of their subsidiaries only if the corporate parent exercised actual control over the hazardous waste-related activities performed at a particular site.

To help manage legal costs, we frequently serve as common counsel to multiple PRP groups in connection with cleanup actions. With one of the largest environmental practices in the country, we are able to match subject matter experts with each task at hand to avoid learning curve costs and promote lean staffing on client matters.

We also help our clients cap and control remediation expenditures. We are leaders in effectuating "liability transfers" where the responsibility for accomplishing cleanup is assigned to a third party. We help to ensure that any such transfer arrangements offer companies better cost certainty, minimal tax consequences and the security that the transferee will stand behind his or her cleanup obligations.

Our waste and remediation experience includes:

• Federal and State Superfund Actions
• Strategic Permitting
• Enforcement
• Litigation
• Legislative and Regulatory Development
• Drinking Water Issues
• Oil Pollution Act Issues

For a more complete description of our experience, please click here.