Our Client’s Challenge
Our client owns and operates a large manufacturing facility riparian to and located within the Portland Harbor area. As a result of both industrial and development activities that occurred long before the client’s acquisition of the property and construction of its manufacturing facility, there is extensive soil and groundwater contamination as well as stormwater runoff issues associated with the property. The client has been identified as a potentially responsible party by both state and federal regulators regarding the Portland Harbor Superfund Site (“PHSS”), as well as having potential liability for Natural Resource Damages (“NRD”).
As corporate environmental counsel, Jordan Ramis routinely gives advice on matters related to permit compliance, solid waste management, and tax credits. Upon receipt of notice of the client’s potential liability related to the PHSS, our team tendered the claims to the client’s historic insurance carriers and represented the client in insurance coverage litigation that successfully secured defense coverage from the client’s first-level insurance carriers for expenses relating to the investigation costs associated with the PHSS, as well as a multi-million dollar settlement to fund future work.
Simultaneously, our team negotiated with state and federal regulators regarding the client’s response and fulfillment of orders requiring performance of several related remedial investigations and feasibility studies, which has resulted in our client remaining in compliance with all orders and the federal regulator’s agreement to remove the client from one such order. In addition, our attorneys monitor and manage our client’s participation with other potentially responsible parties engaged in similar efforts at neighboring properties to ensure their work is appropriately comprehensive and does not otherwise interfere with our client’s ongoing manufacturing operations. We also monitor, manage, and advise our client in an ongoing voluntary apportionment and allocation of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) liabilities connected to the investigation and remediation of contamination within the PHSS.
Lastly, Jordan Ramis directs our client’s response to and participation in ongoing cooperative natural resource injury and damage assessments proposed by the Portland Harbor Natural Resource Trustees’ Council. All of these actions are being taken with the long-term goal of fully resolving the client’s potential liability relating to the PHSS as quickly and efficiently as possible.