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<br />.. <br /> <br />. <br /> <br />. <br /> <br />SPENCER FANE <br />B R I T T . B ROW N E LLP <br />ATTORlHYS & COUNSELORS AT L.AW <br /> <br />law. The Firm also has helped clients conduct voluntary cleanups in ways that minimize potential <br />current and future regulatory burdens, while complying fully with applicable legal requirements. <br /> <br />As discussed below, Firm lawyers frequently represent clients in CERCLA private cost <br />recovery litigation and advise clients on the interrelationship between Superfund liability and federal <br />bankruptcy law. <br /> <br />RCRA Permitting and Corrective Action <br />Firm lawyers have assisted companies in numerous proceedings to obtain and retain <br />authorization to operate hazardous waste treatment, storage, and disposal facilities under RCRA and <br />related state laws, including the resulting" corrective action" cleanup requirements. <br /> <br />The Firm represents the only currently-operating RCRA hazardous waste landfill in Missouri <br />and has been involved in all aspects of the RCRA Part A and Part B permit processes for this facility. <br />Firm lawyers have negotiated with regulatory officials concerning interim status and permit issues and <br />have directed appeals from unacceptable permit terms. The Firm has handled other RCRA facility <br />interim status and permits for manufacturing plants and commercial hazardous waste facilities. <br /> <br />Firm lawyers have handled numerous matters involving RCRA corrective action. Firm <br />lawyers are familiar with virtually every EP A guidance document concerning corrective action, <br />including several that significantly restrict EP A's corrective action authority. Frequently EP A <br />attempts to exceed this authority. Through negotiations and appeals, Firm lawyers have helped their <br />clients achieve acceptable corrective action requirements in numerous instances. <br /> <br />Defense of Enforcement Actions <br />In addition to the Superfund and RCRA corrective action cleanups discussed above, the Firm <br />has represented dozens oflarge and small companies before various state and federal agencies and <br />courts, defending those companies against claims of improper handling of wastes, permit violations, <br />and violations of environmental laws. These matters have involved representing the companies in <br />administrative or court proceedings, and most have involved extensive negotiations with government <br />regulators and lawyers concerning the applicability of various statutes and regulations, appropriate <br />remedial responses, and appropriate penalties, if any. <br /> <br />A sampling of the types of matters the Firm has defended include: <br /> <br />. <br /> <br />Clean Water Act enforcement suits alleging National Pollutant Discharge Elimination <br />System ("NPDES ") permit and pretreatment violations. <br /> <br />. <br /> <br />Clean Air Act enforcement proceedings and related citizen suits. <br /> <br />. <br /> <br />RCRA enforcement proceedings alleging improper handling of hazardous waste. <br /> <br />3 <br /> <br />WA506775.1 <br />