Land & Property

Meeting the Challenges Posed by Environmental Contaminants

Property owners, lending institutions, purchasers and sellers of real property, manufacturers, and municipalities may encounter challenges in every facet of property- and facility-related environmental issues. MD attorneys provide support and counseling on the specific regulatory framework, often recommending the right environmental consultant, determining ways of handling complex hazardous or solid waste issues, supervising large-scale remediation projects, or negotiating environmental indemnity agreements.

We advise clients in connection with migrating groundwater contamination, vapor intrusion, air deposition, underground storage tank releases, sediment contamination associated with decades of industrial activity, and soil and surface water contamination. Chemicals of interest include chlorinated solvents, total petroleum hydrocarbon, free product, heavy metals, lead, and PCBs, among others.

Investigation and Remediation

Requirements to investigate and remediate contamination can be triggered under multiple statutory programs, including Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and the Clean Water Act (CWA) or their state counterparts. MD attorneys work closely with technical consultants in developing strategies during early planning stages, often leading negotiations with state or federal regulators to ensure reasonable risk-based approaches to remediation. Our attorneys provide legal advice in connection with multiple CERCLA removal and response actions, as well as RCRA corrective action projects and brownfield redevelopment.

Our experience in this area is deep and includes representation of a major defense contractor in a CERCLA and Ohio Voluntary Action Program (VAP) cost recovery matter related to PCB remediation, one of the largest VAP cost recovery cases ever filed in Ohio. We also represented one of Ohio’s largest cities in a VAP litigation involving a former manufacturing facility impacted by costs of PCB contamination from historical foundry operations. Our firm led the environmental work for a real estate developer in one of the largest brownfield redevelopments to date in Ohio.

MD negotiated and litigated several complex cost recovery actions involving historical contamination at former landfills, waste oil and solvent recycling facilities, foundries, manufactured gas plants, and steel processing plants. Our attorneys represented all categories of potentially responsible parties in a multitude of US EPA and state-led Superfund sites in Ohio and several other states. Our experience extends to all of the major Natural Resource Damage sites in Ohio.

Ohio Voluntary Action Program

Our attorneys have substantial experience providing the legal support necessary under the Ohio VAP, both to buyers and to sellers, including negotiating environmental covenants, advising on long-term operation and maintenance agreements, and working through issues that arise as the agency evaluates issuance of a covenant not to sue. We negotiate use restrictions for parcels, provide support for development projects with VAP elements, and negotiate environmental indemnity agreements. Projects often contain different funding mechanisms, including government funds.

Underground Storage Tanks

Underground storage tanks create regulatory hurdles and pollution concerns at many industrial, commercial, and residential properties. MD attorneys assist clients in complying with UST regulations, responding to state inspections and Notices of Violation, maximizing coverage under the state UST insurance fund, overseeing the closure of USTs, and contamination assessment of UST sites. In addition to regulatory assistance, we also counsel clients in the determination of responsibility for previously abandoned USTs, negotiate cost-effective investigation and cleanup using risk-based corrective action where appropriate, and provide vital oversight during UST closures to maximize reimbursement from state UST cleanup funds.

Key Contacts

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Our Services

We integrate our environmental and regulatory practice with litigation and transactional skills to deliver comprehensive solutions to our clients.
Regulatory Compliance
Litigation
Transactional & Redevelopment

Experience Across a Range of Industries

Whether you are looking for guidance on brownfields law, contaminated property or cost recovery, we are deeply experienced with the unique needs arising across a range of industries.