img-header-environmental

Environmental

Environmental claims can be some of the most complex that a client will face. Effective environmental counsel must be able to assist clients with litigation, insurance recovery, complex alternative dispute resolution processes involving dozens of parties, coordination of expert witnesses and consultants, remedial investigation/feasibility studies, and counseling on numerous other issues—all at the same time. Nellermoe Wrenn provides one-stop-shop service for clients facing all of these issues, with streamlined and cost-effective service backed by years of experience and proven results.

img-env-sideOur experience includes actions under federal and state environmental laws, including the “Superfund” or CERCLA and Model Toxics Control Act – responding to agency requests, contribution and cost recovery claims, and initiating such claims. We can assist with defense of property damage claims related to underground or above ground storage tank releases, operational practices, or releases from other sources. We have counseled numerous clients over the years appearing before various federal, state and local agencies, including the U. S. Environmental Protection Agency, the Washington Department of Ecology, and the Oregon Department of Environmental Quality.

We also assist clients with solid waste management facilities, including operations, permitting and closure issues. And we specialize in actions against insurance carriers that deny coverage of either defense or indemnity costs—or both. Often, attorney fees will be recoverable in these actions.

The areas of environmental law in which we represent clients include the following:

  • State and federal “Superfund” and other matters involving contaminated real property
  • State voluntary cleanup programs
  • Solid waste management and recycling
  • Hazardous waste management and disposal issues under federal and state laws
  • Permit applications and applications for exemption from permit requirements under a variety of federal and state laws
  • Environmental due diligence, assessments, and audits, including supervising consultants in multi-site investigations

Litigation/Alternative Dispute Resolution

Our firm regularly assists clients with disputes between private parties and with environmental agencies, environmental risk analysis, and assistance with regulatory compliance. Our litigation practice includes:

  • Contesting and responding to agency orders
  • Representing plaintiffs and defendants on soil and groundwater contamination claims and related insurance actions
  • Assisting with alleged CERCLA (Superfund), MTCA and other statutory obligations
  • Pursuing and defending against claims of alleged exposure to hazardous materials

Counseling

We also regularly advise clients regarding environmental risks and risk prevention. Our counseling practice includes:

  • Due diligence support and strategic advice on corporate and real estate transactions involving current or potential environmental liabilities
  • Assistance developing environmental management systems and responding to compliance concerns
  • Interfacing with environmental consultants and regulatory agencies
  • Assistance and advice in obtaining insurance for environmental risks and contamination cleanup
  • Representing clients seeking insurance claims reimbursement
  • Assistance with permitting, disclosure statements and reporting, audits and compliance, and remedial investigation/feasibility studies