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Practice Areas

Environmental

Complementing its international corporate, litigation, admiralty and real estate departments, the Firm provides environmental, health and safety advice and representation to corporate clients in the context of mergers and acquisitions, financing and in significant indemnity litigations.

The Firm’s extensive international corporate and litigation expertise, coupled with its environmental experience, have been critical advantages in resolving international environmental disputes and successfully negotiating international transactions.

Examples of the Firm’s environmental experience include:

Clean Up

  • Obtaining a No Further Action letter for a contaminated property in New Jersey.
  • Obtaining a Remediation in Progress waiver for a property located in New Jersey.
  • Supervising the remediation of contaminated properties in Connecticut.

Compliance Assistance

  • Advising clients in the petroleum and petrochemical industries regarding compliance with the Clean Air Act.
  • Advice on the trans-boundary shipment of hazardous waste to Europe.
  • Advice regarding the importing and exporting of hazardous waste based on the Basel Convention and the La Paz Agreement between the United States and Mexico.
  • Advice regarding the applicability of Occupational Safety and Health Act (OSHA) requirements to a laboratory.
  • Review of company compliance plans to achieve OSHA compliance.

Civil and Criminal Defense

  • Representation of French communes in litigation arising out of the grounding of the Amoco Cadiz off the coast of France.
  • Representation of a foreign state oil agency in litigation brought by class-action claimants arising out of the blowout of the Ixtoc I oil well in the Gulf of Mexico.
  • Successful representation of a defendant in a criminal action alleging failure to comply with mitigation requirements under the National Environmental Policy Act and the Clean Water Act.
  • Representation of a barge owner in criminal enforcement action regarding alleged violation of the Clean Water Act prohibition against dumping.

Indemnity Litigation

  • Represented complainant in major arbitration regarding environmental indemnities involving environmental compliance and remediation issues in the U.S., Europe, Mexico and Canada.
  • Represented respondent in major arbitration involving environmental compliance and remediation issues in Mexico.

Enforcement Matters

  • Advice in an investigation by the U.S. Department of Justice of violations of the fuels provisions of the Clean Air Act.
  • Negotiating a settlement of a Toxic Substances Control Act matter based on failure to file a Premanufacture Notice ultimately resulting in no fine.
  • Representation of a manufacturer in an action brought by a public interest group alleging violations of toxic release or “Form R” reporting requirements for certain toxic chemicals.

Toxic Tort Litigation

  • Representation of the owner of an aluminum plant in toxic tort litigation.

Legislation

  • Analysis and comparison of various national and international regimes for the control of hydrogen sulfide from oil refining and transportation facilities.
  • Analysis and comparison of the differences between the U.S. Oil Pollution Act of 1990 and international oil pollution liability regimes.

Transaction Due Diligence

  • Supervising response to due diligence in the sale of a company with assets located in the United States, Germany, France, Mexico and China.
  • Supervising due diligence by environmental consultants of facilities located in China.
  • Advising a foreign petroleum company regarding a joint venture for one of the largest refineries in the United States, including due diligence, negotiation of issues relating to environmental liabilities, permit transfers and assessment of costs for future compliance projects.
  • Advice in connection with real estate transactions involving site remediation, appropriate deed restrictions, and supervision of environmental technical consultants.
  • Drafting of environmental provisions of loan and other finance documents, including provisions regarding disclosure of environmental liabilities, access to information, indemnities and allocation of environmental liabilities.
  • Due diligence regarding acquisition of facilities in the United Kingdom, France and Germany.

Environmental Audits

  • Participation in proposed privatization of petrochemical assets, including involvement in government environmental audits and structuring the allocation of environmental liabilities.
  • Advice regarding the applicability of the Environmental Protection Agency’s self-audit and self-disclosure of violations policy.
  • Supervision of environmental audits at three facilities in the Northeast.

Emissions Trading

  • Advised a major international financial institution on the mechanisms by which the U.S. emission credits could be used to facilitate lending to electric utilities.

Liability Assessment

  • Advice in connection with Superfund liability, including evaluation of liability, insurance claims and whether used oil is exempt under the Petroleum Exclusion.
  • Advising shippers and other transporters regarding potential environmental liability for leaks and spills.
  • Analysis of the effect of bankruptcy on environmental claims and obligations.
  • Analysis of liability of successors and shareholders.

Acquisitions

  • Negotiate sale of assets with environmental issues located in California, Germany and France.
  • Negotiations regarding an acquisition of a manufacturing company with facilities located throughout the United States, including review of individual state environmental requirements, clean-up of sites before closing, confirmation of permit status, and research on liabilities associated with formerly owned sites.
  • Advising a client in an acquisition of a manufacturing plant in Canada requiring environmental audits, permit transfers and familiarity with Canadian federal and provincial environmental law.
  • Negotiations for a multimillion dollar acquisition of a manufacturing facility in Texas, including environmental audits and drafting contract terms.
  • Representation of the purchaser of a maquiladora in Matamoros, Mexico, including conducting an environmental audit and a permit and records review.
  • Advice regarding a joint venture between a chemical manufacturer and a hazardous waste recycler for the recycling of hazardous waste in Texas.

Partners & Counsel
The following partners and counsel practice in this area:




 
 

Curtis, Mallet-Prevost, Colt & Mosle LLP
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