Environmental Litigation

Brouse McDowell has developed a reputation for results-oriented, cost-effective litigation of complex issues.  Our clients know we are tireless, innovative and effective advocates in administrative proceedings and litigation.

Our environmental litigation experience covers the vast array of environmental issues our clients encounter pertaining to property contamination and related issues.  We have extensive experience in defending our clients in federal and state enforcement actions in both administrative proceedings and in state and federal courts.  Our attorneys are also experienced in defending against the many common law claims that arise including nuisance and trespass claims.  We also have considerable experience in defending our clients in government and private-party CERCLA actions and actions brought pursuant to similar state statutes, as well as prosecuting similar claims for indemnification or contribution from responsible parties.  We have also successfully defended claims involving the Ohio Voluntary Action Program.  Our attorneys are experienced in representing potential responsible parties in negotiations of natural resource damages.

In addition, Brouse has vast experience and capabilities in the recovery of insurance proceeds for environmental liabilities, including for asbestos, mold and lead paint-related liabilities.
 

Representative Matters:

• On behalf of plaintiff plastics manufacturing company that had been impeded in expanding its facility as a result of underground contamination from neighboring property, obtained favorable resolution through mediation that resulted in full market value sale of property, temporary rent-free lease back, and damages, enabling client to relocate and rebuild to expand its business.  Ferriot Corp. v. Ashland Inc.
• Successfully defended major oil company in United States District Court, on statute of limitations and other grounds, against allegations of historical underground contamination.  Lally v. BP
• Successfully defended major oil company in state court suit alleging underground contamination from former gas station property.  Georgostathis v. BP
• Successfully resolved litigation on behalf of major oil company in Michigan state court alleging contamination from former gas station property.  Eight Mile Plaza, Inc. v. Amoco Oil Co.
• On behalf of pipeline company, successfully resolved litigation regarding development of property subject to ongoing remediation of a petroleum pipeline release.  Tabco, LLC. v. Inland Corporation
• Obtained favorable settlements for manufacturing clients in Superfund litigation involving multiple sites, including the Huth Oil Site, Summit Equipment & Supplies Site, Tremont Barrel Fill Site, ABC Barrel & Drum Site and others
• On behalf of chemical manufacturer, obtained cost recovery from chemical feedstock suppliers for dioxin cleanup pursuant to CERCLA
• On behalf of rubber manufacturing company, successfully defended case brought pursuant to CERCLA involving scrap rubber dumping, resulting in establishment of trust for the removal and proper disposal of scrap rubber, with funds contributed by plaintiff property owner and transporter
• Negotiated criminal plea and sentencing in misdemeanor case brought by Ohio Department of Natural Resources for petroleum release that resulted in impacts to wildlife
• Represented metal forming company president in connection with civil and criminal investigation of oil discharges to creek including advising client responding to search warrants and in connection with grand jury proceedings
• Represented metal plating company in connection with civil and criminal investigation of alleged discharge of plating wastes to storm sewer, including advising client responding to search warrants and in connection with grand jury proceedings
• Advised client throughout multi-year criminal investigation of alleged violations of hazardous waste violations and negotiated plea agreement for company with no indictment and no monetary penalty
• As special counsel to the Ohio Department of Transportation, obtained dismissal in federal court on sovereign immunity grounds in CERCLA litigation involving TCE groundwater contamination
• As special counsel to the Ohio Department of Transportation, successfully defended, in state court and on appeal, claims asserted pursuant to the Ohio Voluntary Action Program to recover costs alleged to have been incurred as a result of TCE groundwater contamination