Environmental Litigation
Whether the client is responding to a Superfund or RCRA request for information from the U.S. EPA, an order for investigation, removal or remediation, a notice of violation, or an enforcement proceeding alleging violation of air, water, or solid or hazardous waste regulations, the firm provides traditional legal representation combined with a technical understanding of the issues. We have extensive experience in both administrative and court proceedings at the state and federal levels. We negotiate with governmental authorities to secure innovative and precedent-setting solutions to our clients’ environmental problems, and defend clients against both civil lawsuits and criminal charges alleging environmental violations.
In the context of state and federal cleanup proceedings, we represent both de minimis contributors and major members of groups of potentially responsible parties (PRPs) with substantial liability exposures. We have also led the successful efforts of a joint defense group in a significant CERCLA lawsuit that achieved our clients’ objectives cost-effectively and efficiently through an alternate dispute resolution (mediation) process.
We also represent insurance policyholders in pursuing coverage from their insurers in connection with potential environmental liability exposures. Our team can also help clients find old insurance policies. Parties can be held liable today for pollution created several years ago. Before the mid-1980s, insurance policies commonly covered any unintended pollution that occurred during the policy period, even if the damage wasn't discovered until decades later. Many old insurance policies can protect property owners, even if the owner has lost or forgotten about the policy. The old policies can be enormously valuable to the policyholder, and costly to insurance companies. Reinhart's attorneys can help locate old lost policies. So far, we've found more than $100 million of environmental and asbestos coverage for clients who did not realize they had it.