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Evansville Greenway and Remediation Trust v. SIGECO (S.D. Ind. 2009)
Counsel to Evansville Greenway and Remediation Trust in superfund cost recovery action regarding successful remediation and Greenway project in Evansville, Indiana.

North Carolina v. Tennessee Valley Authority (W.D.N.C.)
Counsel for State of North Carolina in air pollution enforcement action against Tennessee Valley Authority.

Environmental Defense v. Duke Energy (U.S. S.CT.)
Represented Chesapeake Bay Foundation and Adirondack Mountain Club as amicus curaie parties. Favorable unanimous ruling obtained in United States Supreme Court..

Marmo et. al. v. IBP (D. Neb.)
Counsel for community group seeking damages for neighborhood air pollution from slaughterhouse and tannery complex. Resolved matter in favor of plaintiffs through jury trial and favorable settlements.

DMJ v. Capasso et al. (E.D.N.Y.)
Analyzed extensive collections of records, interviewed key fact witnesses, added additional defendants and theories of recovery, prepared summary judgment briefing and ultimately obtained settlement for real estate group seeking cleanup of contaminated properties under CERCLA, RCRA and state law.

United States v. Chrysler Corp. (N.D. Ohio)

Counsel for the Department of the Interior in the first case ever brought to address cleanup of environmental contamination in a National Park. Prepared summary judgment briefing that secured a liability determination against recalcitrant defendant under CERCLA and established the recoverability of $22.9 million spent by federal agencies to clean up industrial wastes from a former landfill within Cuyahoga Valley National Park.

U.S. and Texas v. Koch Industries (N.D. Ok.) (S.D. Tx.)
Counsel for the United States in two Clean Water Act enforcement actions concerning more than 300 oil spills from pipelines in Texas, Oklahoma, Kansas, Louisiana, Alabama and Missouri. Resulted in settlement immediately prior to trial for $30 million civil penalty, $5 million in environmental projects, and extensive injunctive relief to improve pipeline operation and maintenance, including third-party audits. This was the highest civil penalty ever assessed against a single company under any environmental law.

Select Reported Decisions:

Evansville Greenway Remediation Trust v. Southern Indiana Gas & Electric Co., 661 F. Supp. 2d 989 (S.D. Ind. 2009); Recognizing validity of Remediation Trust and holding local utility company liable under CERCLA for costs incurred in coverting contaminated scrap yard into public greenway and bike trail.

Western Refining Yorktown Inc. v. BP Corp. North America, Inc., 618 F. Supp. 2d 513 (E.D. Va. 2009); Rejecting defendant BP's motion to dismiss contract indemnity claims for remediation of former BP refinery.

DMJ Associates, LLC v. Capasso, 288 F. Supp. 2d 262 (E.D.N.Y. 2003); Holding that purchaser of a security interest in real estate adjacent to hazardous waste facility had standing under CERCLA and RCRA to seek cleanup of contaminated property.

United States v. Chrysler Corp., 157 F. Supp.2d 849 (N.D. Ohio 2001); Holding that the United States may assert joint and several liability under Section 107(a) of CERCLA even where agencies of the federal government are potentially liable.

United States v. Chrysler Corp., 168 F. Supp.2d 754 (N.D. Ohio 2001); Setting standards for government cost recovery documentation under CERCLA, and holding that $22.9 million in remediation costs spent by government agencies were recoverable from recalcitrant party.

United States v. Alcoa, Inc., 98 F. Supp.2d 1031 (N.D. Ind. 2000); Recognizing that the United States may seek remediation of contaminated sediments as a remedy under the Clean Water Act.

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