Site Investigation and Remediation

Overview

Robinson+ Cole’s site investigation and remediation lawyers assist manufacturing, commercial, finance, investor, and insurance clients in evaluating and managing potential liability associated with contaminated properties and structures. Our expansive background in the area of site investigation and remediation allows us to provide seasoned and cost-effective advice to our clients.

Our Services

With more than 30 years of experience with federal and state regulatory issues and the governmental agencies who regulate site investigation and remediation projects, we represent a spectrum of industries such as the following:

  • manufacturing
  • chemical
  • electronics
  • plating
  • biotech
  • pharmaceutical
  • explosive
  • petroleum
  • power generation
  • banking and investment
  • automobile industry

Robinson+Cole lawyers are familiar with the risks, liabilities, and remedies necessary to address all types of hazardous materials, including the following:

  • chlorinated solvents
  • metals
  • pesticides
  • PCBs
  • asbestos
  • petroleum compounds 
  • perfluorinated compounds

Furthermore, we address soil and groundwater issues, air deposition, vapor intrusion, nuisance conditions and contaminated structures. And, Robinson+ Cole lawyers routinely advise clients with respect to acquisitions, sales, divestitures, and the investment in and financing of contaminated properties. 

Our Team

Our site investigation and remediation lawyers regularly work with environmental consultants to advise clients on the potential scope of environmental liability, risk, and cost. We routinely negotiate with local, state, and federal environmental agencies in connection with our client’s investigatory and remedial obligations. Our lawyers have substantial experience with environmental cost recovery under Superfund, state law, and common law and are proficient, practical, and cost-effective in managing liability in the context of Brownfields redevelopment. 

We regularly assist clients with their disclosure and property transfer obligations, including under the state real property transfer laws. We help them evaluate “cost-cap” and “pollution legal liability” insurance policies as well as federal and state liability protections that include covenants not to sue, tax incentives, and other government incentives. Members of our team routinely help clients manage a number of environmental emergencies that may take the following form:

  • explosion
  • fire or other industrial accident
  • transportation-related release
  • suddenly discovered vapor intrusion
  • drinking water issue

When necessary, Robinson+Cole’s lawyers mediate, arbitrate, and/or litigate disputes associated with responsibility for site investigations and remediation, abutter concerns and/or allocation of costs among parties, or governmental agency allegations of liability. We have chaired or participated in Superfund potentially responsible party (PRP) groups to negotiate the scope of site investigations and remediation and to allocate the associated costs.  

    • Experience
      • Represented a waterfront fuel oil terminal owner in the investigation, negotiation of alternative clean standards, remediation, and structuring of transaction to sell and convert the terminal to upscale residential apartments. 

      • Counseled manufacturing client on project involving toxic tort claims, groundwater investigation and remediation, on-site soils investigations and remediation, and cost-recovery efforts. 

      • Assisted redeveloper with environmental investigation and remediation issues arising in the development of a corporate complex. 

      • Assisted client with ongoing efforts to resolve status under the U.S. Environmental Protection Agency’s Voluntary Resource Conservation and Recovery Act Corrective Action Program. 

      • Represented the owner of a 100-plus-year-old firearms manufacturing facility on initial strategic site investigations and cost recovery negotiations with past owners for the cleanup of oil, metal, and solvent contamination.

      • Representation of a well-known diversified technology, media, and financial services company in deconstruction and remediation of a manufacturing facility with environmental, historic, and wetlands challenges. 

      • Counseled a chemical company on obtaining an environmental land use restriction. 

Our Team

Members