Environmental

Waxman Blumenthal is experienced in guiding businesses through the complicated maze of federal, state, and local environmental health and safety laws. We work with plant managers, engineers, in-house counsel and boards of directors to develop strategic environmental, health and safety systems and audit programs. We assist clients by evaluating and commenting on proposed legislation and regulatory initiatives. We also have a broad range of environmental litigation experience representing Fortune 500 companies, real estate developers, lenders and other businesses. A sampling of our environmental compliance and litigation experienceincludes:

  • Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and Ohio's corollary statutes
    • Defending major oil companies in multi-million dollar superfund sites
    • Representing Tier One PRP’s in pursuing and defending contribution and cost recovery action

  • Resource Conservation and Recovery Act (RCRA) and Ohio's corollary statutes
    •  Successfully obtaining defense jury verdicts for major petroleum marketers in RCRA Citizen Suit actions, property diminution claims and common law claims
    • Successfully prosecuting and defending cost recovery actions
    • Guiding Ohio landfills through Ohio’s Solid Waste Regulations
    • Defending directors and officers of a large Ohio company in an Ohio EPA enforcement action
    • Successfully overturning the Ohio EPA Director's Findings of Fact and Orders pertaining to site closure before Ohio Environmental Review Appeals Commission (“ERAC”)
    • Representing major drug store and grocery store chains before Ohio EPA and the Ohio Bureau of Underground Storage Tank Regulations in connection with eliminating land use restrictions in order to initiate property development
    • Overseeing plant closings under the Cessation of Regulated Operations statute

  • Ohio’s Underground Storage Tank Regulatory Program (BUSTR)
    • Navigated hundreds of underground storage tank sites through the BUSTR regulatory process in obtaining site closure (“No Further Action - NFA”)
    • Defended underground storage tank owners in BUSTR enforcement actions.
    • Successfully overturned Orders of the Ohio State Fire Marshall Office before the Environmental Review Appeals Commission

  • Ohio’s Petroleum Underground Storage Tank Release Compensation Board (“Ohio’s UST Fund”)
    • Developing and implementing strategies for obtaining fund eligibility with Ohio’s UST Fund in which applicants were previously denied fund coverage
    • Assisted underground storage tank owners in the Claims Application process in receiving more than five million ($5,000,000.00) from Ohio’s UST Fund
    • Representation of underground storage tank owners in administrative appeals under Chapter 119 of the Ohio Revised Code

  • Ohio Voluntary Action Program (Ohio’s Brownfields Statute)
    • Guiding large Ohio companies through Ohio’s Voluntary Action Program in receiving Covenants-Not-To-Sue
    • Assisting developers in obtaining grants and low interest loans from local state and federal governmental agencies in connection with brownfield redevelopment
    • Counsel to numerous Fortune 500 Companies with respect to the remediation of environmentally contaminated property and No Further Action letters or other closure letters from Ohio EPA

  • Clean Water Act (CWA)
    • Represent major regional construction company and developer with respect to site development, wetlands, and permitting issues, including development of a multi-million dollar mixed use residential community
    • Defended large Ohio business in an enforcement action for alleged illegal filling and of a wetland under state law and the Clean Water Act §404 and §401. Negotiated enforcement settlement and obtained all state and federal authorizations
    • Represent Fortune 500 Company with respect to wetland and stream protection and commercial property development
    • Advise numerous manufacturers and developers on compliance with the federally mandated Phase II Storm Water Regulations and NPDES permitting requirements
    • Advising manufacturers on various compliance issues under the CWA
    • Wetlands permitting issues

  • Clean Air Act (CAA). 
    • Negotiating amount of penalties relative to permit violations with United States EPA
    • Assisting Ohio businesses in obtaining Title V permits

  • Federal Insecticide, Fungicide and Rodenticide (FIFRA)

  • Toxic Substances Control Act (TSCA)

  • Environmental Insurance Coverage Litigation

  • Toxic Tort Litigation
    • Mycotoxin Claims and Litigation (Mold)
    • Asbestos Defense Claims and Litigation