On March 1, 2021, Chief Judge Marbley of the SD of Ohio issued an opinion in FIP Realty v. Ingersoll-Rand et al, a case of first impression concerning CERCLA section 113(f)(3)(B) and the Ohio Voluntary Action Program, ORC section 3746.23. The FIP case concerns an industrial warehouse in Columbus which was the subject of an Ohio EPA VAP No Further Action Letter (NFA) and Covenant Not to Sue (CNS). In this case, FIP alleged that Ingersoll-Rand and predecessor companies released TCE at the FIP site which caused FIP to incur CERCLA response costs and VAP costs of conducting a voluntary action.
In response, Ingersoll-Rand filed a Motion for Summary Judgment which requested that the court dismiss the case because the Ohio EPA CNS was not an “administrative settlement” and that the three year VAP statute of limitations has expired prior to the filing of the Complaint on July 30, 2019.
In his opinion, Judge Marbley ruled, in a case of first impression in the Sixth Circuit, that the Ohio EPA CNS did meet the criteria for an “administrative settlement” under Section 113(f)(3)(B). This ruling is significant because there are few CERCLA opinions concerning contribution actions which analyze the orders issued under state voluntary clean-up programs such as the Ohio VAP. In addition, Judge Marbley ruled that the VAP statute of limitations had not run prior to the filing of the Complaint. This is the first decision on VAP statute of limitations since the statute became effective in 1994.
MD represents FIP in this case. Learn more about our CERCLA work here.Read the Opinion
MD named a Tier 1 Cleveland “Best Law Firm” in two practice areas by U.S. News – Best Lawyers® in 2021
McMahon DeGulis LLP is pleased to announce that the firm has been named a Tier 1 firm in Cleveland for Environmental Law and Litigation-Environmental in 2021 by U.S. News – Best Lawyers®. In addition, the firm received a Tier 3 National ranking in Environmental Law and Litigation-Environmental by U.S. News – Best Lawyers® for the Eleventh Edition of “Best Law Firms.”
Firms included in the 2021 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
MD is honored by this national and metropolitan recognition by U.S. News – Best Lawyers®. Across Ohio and beyond, we strive to match our clients with the attorney best-suited to serve their particular need resulting in the flexible, efficient and focused practice of law to the benefit of our clients.Learn More
Congratulations to the five McMahon DeGulis LLP attorneys recognized in The Best Lawyers in America© 2021! Each attorney listed below was selected by his or her peers for inclusion in Best Lawyers™ 2021 in the indicated fields:
- Mike McMahon: Environmental Law and Litigation-Environmental.
- Greg DeGulis: Environmental Law and Litigation-Environmental.
- Dave Nash: Environmental Law, Litigation-Environmental, and Energy Regulatory Law.
- Lou McMahon: Environmental Law, Litigation-Environmental, and Water Law.
- Wendy Lavey: Environmental Law.
Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.Learn More About Best Lawyers