Brownfields, Hazardous and Solid Waste

The universe of contaminated properties includes active industrial or manufacturing facilities as well as closed or abandoned facilities. Environmental issues at the vast majority of these sites are transaction driven, e.g., sales or transfers, corporate successorship, or re-financing.

The attorneys at McMahon DeGulis are well-versed in the broad spectrum of compliance and remediation issues. The firm has represented property owners, lending institutions and purchasers and sellers of real property with environmental contamination. We have assisted clients in all facets of property and facility-related environmental issues - from finding the right environmental consultant and assessing the pros and cons of Ohio's Voluntary Action (Brownfields) Program, to determining ways of handling complex hazardous or solid waste issues, and supervision of large-scale remediation projects.

Representative Matters

In 2010, MD represented the City of Cleveland in two lawsuits related to the Trinity Site on Cleveland's West Side. The litigation related primarily to the costs of PCB contamination from historical foundry operations and was venued in both state and federal courts. The causes of action included Sections 107/113 of CERCLA and ORC section 3746.23 under the Ohio Voluntary Action Program. The Trinity Site is part of the City's Land Bank acquisition program and the City is utilizing the Voluntary Action Program to remediate the Site.
Assisting large industrial clients in obtaining no further action letters and covenants not-to-sue under Ohio's VAP for facilities in Cleveland, Ashtabula and Youngstown
Counseling an explosives company and other manufacturing clients on hazardous waste compliance issues regarding active industrial storage and manufacturing processes
Negotiating closure plans with U.S. and Ohio EPA for hazardous and solid waste units
Advising landfill owners and operators on regulatory compliance with solid and hazardous waste regulations
Assisting industrial clients in finding innovative solutions to transfer environmental risks and liabilities through environmental insurance products and contractual solutions
Counseling property owners on the use and implementation of risk assessment methodologies to diminish the cost and scope of remediation projects
Negotiating consultant contracts and providing direct oversight for an array of environmental investigations and remediation projects
Negotiating Prospective Purchaser Agreements with U.S. EPA for prospective purchasers of Superfund sites
Advising several manufacturing clients on requirements for de-commissioning active facilities under Ohio's law for Cessation of Regulated Operations

For more information on Brownfields, Hazardous and Solid Waste, please contact Dave Nash or Greg DeGulis.

Back to Practice Areas