Resource Conservation and Recovery Act

RCRA TSD Settlement

The U.S. EPA brought a case before an administrative judge for alleged RCRA violations and for an order requiring our client to apply for a RCRA Treatment Storage and Disposal (TSD) Facility permit. By presenting evidence during settlement negotiations, much of which consisted of EPA’s own internal memoranda, we persuaded the EPA to drop the main count of its petition, settle for a significantly reduced civil penalty and a supplemental environmental project. Our client was not required to obtain a TSD permit.

Remediation Negotiations

The EPA wanted a metal finishing company and its president to agree to unlimited liability to perform an undefined cleanup to EPA’s satisfaction. We negotiated an Administrative Order on Consent providing for a cleanup of heavy metal contamination (including lead, chromium and cadmium), which included a finite scope of work with volumetric limits on contaminated soil removal.

Former Petroleum Refinery Cleanup

We negotiated a settlement with the state of Illinois regarding the cleanup of a former petroleum refinery. Our firm represented one of the three former owners/operators of the facility. The agreement negotiated with the state included visual cleanup criteria, volumetric waste disposal limits, fixed financial exposure and broad releases from future liability. During approximately five years of negotiations, we took a lead role. Our client also received substantial settlements in the matter with respect to its insurance coverage claims.

RCRA Part B Post-Closure Permit Negotiations

Our environmental practice group negotiated what is believed to be the first Part B Post-Closure Permit ever issued for a TSD facility under the Missouri Hazardous Waste Management Law. The facility was a low-carbon steel chain manufacturing operation whose early activities predated the enactment of RCRA. After the permit was issued, and less than three years into the 30-year post-closure care period, Thompson Coburn filed a Class 3 Modification Request which successfully resulted in the cessation of all groundwater monitoring and the termination of the post-closure permit and all obligations thereunder.

Underground Storage Tanks

Thompson Coburn has handled scores of underground storage tank matters. We have prosecuted and defended lawsuits involving contamination from underground storage tanks. We have also defended administrative actions brought by governmental agencies for the removal and/or cleanup of underground storage tanks. In addition, we have successfully assisted clients in obtaining favorable eligibility determinations from state underground storage tank insurance funds. We have also handled citizen suits and common law actions to recover and avoid cleanup costs.

Eric Boyd	Partner	Chicago	312 580 2214 312 580 2214 Email Download Vcard	Eric represents clients in litigation, regulatory compliance, and transaction matters with respect to all of the major environmental programs. Eric represents clients in litigation, regulatory compliance, and transacti...
Tim Briscoe	Associate	Chicago	312 580 2247 312 580 2247 Email Download Vcard	As a litigator with the Environmental Group, Tim is dedicated to achieving client goals in complex environmental disputes and regulatory matters. As a litigator with the Environmental Group, Tim is dedicated to achieving ...
Sara Chamberlain	Partner	St. Louis	314 552 6112 314 552 6112 Email Download Vcard	Sara assists clients in identifying, navigating and responding to environmental risks and liabilities. Sara assists clients in identifying, navigating and responding to environme...
Ed Cohen	Partner	St. Louis \| Chicago	314 552 6019 314 552 6019 Email Download Vcard	Ed has substantial experience in a wide range of complex lawsuits, most of which involve multi-party environmental litigation. Ed has substantial experience in a wide range of complex lawsuits, most of ...
John Galvin	Partner	St. Louis	314 552 6341 314 552 6341 Email Download Vcard	John represents domestic and international clients in complex litigation and multi-district litigation in some of the most challenging state and federal venues in the cou... John represents domestic and international clients in complex litigation an...
Suzanne Galvin	Partner	St. Louis	314 552 6338 314 552 6338 Email Download Vcard	Clients turn to Suzanne Galvin for results in complex high-profile litigation, particularly in the areas of pharmaceutical, medical device, and environmental exposure cla... Clients turn to Suzanne Galvin for results in complex high-profile litigati...
Suzanne Hart	Associate	St. Louis	314 552 6492 314 552 6492 Email Download Vcard	Suzanne is a litigation associate in the firm's environmental group. Suzanne is a litigation associate in the firm's environmental group.
Ryan Russell Kemper	Partner	St. Louis	314 552 6321 314 552 6321 Email Download Vcard	Ryan has a broad and diverse practice serving clients navigating sophisticated matters related to air, water, land, energy, agriculture, emergency response and climate is... Ryan has a broad and diverse practice serving clients navigating sophistica...
Crystal Kennedy	Partner	St. Louis	314 552 6168 314 552 6168 Email Download Vcard	Crystal has 30+ years of national environmental experience and leads the transactional area of the Firm's environmental practice. Crystal has 30+ years of national environmental experience and leads the tr...
Steven Mandelsberg	Partner	New York	212 478 7360 212 478 7360 Email Download Vcard	Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest... Steve represents financial institutions, businesses and constituencies in m...
Paul Sonderegger	Partner	St. Louis	314 552 6154 314 552 6154 Email Download Vcard	Paul is a highly effective litigator and regulatory compliance attorney who has resolved environmental and real estate/construction disputes in state and federal courts a... Paul is a highly effective litigator and regulatory compliance attorney who...
Peter Stark Strassner	Partner	St. Louis	314 552 6109 314 552 6109 Email Download Vcard	Peter is an environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions and successfully resolve civil and criminal l... Peter is an environmental attorney who helps companies respond to major env...

RESOURCE CONSERVATION AND RECOVERY ACT

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REPRESENTATIVE CLIENTS

RCRA TSD Settlement

Remediation Negotiations

Former Petroleum Refinery Cleanup

RCRA Part B Post-Closure Permit Negotiations

Underground Storage Tanks

Publications

Blog Posts

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