Environmental or Toxic Tort Liability can arise in a variety of circumstances. We have experience in all areas of defense of toxic torts and have successfully defended our insurance carrier clients in a plethra of circumstances.
Clients may have potential liability under RECRA of CERCLA for problems that they did not, in and of themselves, create, and clients may incur liability for matters arising under their operation and management of their property or the management of the property and facilities of others, including governmental units.
A member of our firm is a past president of the Mississippi Water Environment Association and was made a member of the exclusive 4S Society in 2017, becoming the first lawyer in Mississippi to have obtained that status.
We have represented, as general counsel, companies who operate and manage water and wastewater treatment facilities for municipalities, other governmental authorities and private industries. Such representation has necessarily required the firm to provide for and to take into consideration all potential types of environmental liabilities an operator could or be liable for and to provide for such eventualities in the contracting for services (50+) and in the implementation of those contracts when potential liability has arisen.
Our Experience
Our attorneys have extensive experience in environmental and toxic tort liability including the following:
- Successfully represented various insurance carriers in the defense of toxic tort and toxic substance issues throughout the state.
- Successfully represented operator of industrial wastewater pretreatment facility in threatened action by local municipality in regard to its wastewater treatment facility. Established that municipality had no claim against operator or industry for any wastewater issues and succeeded in obtaining agreement from municipality to withdraw its claims.
- Successfully represented operator of industrial wastewater treatment facility in civil and criminal investigation into activities of those operating rendering plant for chicken offal from chicken processing facilities in the Morton/Forest Mississippi area. (Several criminal indictments returned and convictions obtained.) Established that operator had kept rendering facility and its management fully informed of circumstances arising from discharges and the inadequacy of facilities to cope with discharges and that operator had done everything possible to cope with and treat discharges into the treatment facility to the maximum capacity of the facilities provided to operator. Subsequently, obtained dismissal with prejudice of operator from citizen suit for damages alleged to have resulted from discharges from the treatment facilities well in excess of permitted levels.
- Negotiated favorable settlement for landlord against tenant involving lack of maintenance and presence of significant mold contamination. Established that conditions were not the fault of landlord or its maintenance but those of tenant’s sub-tenant while in possession. Property was remediated through proceeds of insurance policy and lease favorable to landlord was preserved and remained in effect.
- Successfully negotiated release of liability from financial institution for purchaser of gasoline service station for environmental liability related to underground storage tanks. Established that purchaser was misled and had no knowledge of previous underground storage tank problems or need for remediation.
- Successfully established claim of purchaser of service station facility for fraud and misrepresentation in sale of service station facility and obtained settlement and payment of damages and remediation of property from purchaser.
- Successfully represented individual in substantially reduced plea agreement in regard to his culpability for wastewater discharges from a municipal wastewater treatment plant in violation of the Clean Water Act based on an in-depth understanding of the Act.
- Successfully represented lessee/purchaser of industrial property in negotiations with lessor/seller of property concerning asserted environmental contamination of property during lessee’s predecessor’s occupation and use of property. Involved legacy liabilities of merger between client and predecessor.
- Represented client in self-assessment of potential environmental liabilities at its various locations and in conjunction with refinancings.
- Advised clients regarding actual and potential environmental liabilities in regard to acquisitions of real estate in connection with acquisitions of businesses operating thereon.
- Advised client in regard to potential liability under RCRA/CERCLA for disposal of toxic materials improperly by contractor employed to complete disposal properly and lawfully.
Our Clients
Representative clients include:
- McCullough Environmental Services, Inc.
- Mitchell Technical Services, Inc.
- Jackson Iron & Metal Company
- Crawler Parts, Inc.
- Heavyquip