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. . . SPENCER FANE BRITT ~~NE LLP ATTORtUH & COUNSELOR! AT LAW CERCLA Cost Recovery, Toxic Tort, and Other Environmental Litigation The Firm successfully has represented both plaintiffs and defendants in CERCLA cost recovery lawsuits seeking to recover cleanup costs. Frequently these cases have required management of dozens of parties and involved millions of dollars in potential liabilities. Additionally, the Firm has represented parties in a wide range of common law and contractual environmental claims that go far beyond typical CERCLA litigation. For example, the Firm has defended common law toxic tort claims alleging property contamination and claims alleging personal injury due to asbestos and chemical exposure. Increasingly, environmental litigation involves issues of contractual interpretation and claims of breach of contract or warranty. The Firm has prosecuted and defended such claims, including matters involving allegations of breach of warranties and representations in the sale of industrial property, breach of contract involving landfill service and delivery obligations, and the interpretation of lease obligations when the tenant or landlord discovers a portion of the leasehold property is contaminated. For example, in Prolerized Steel Corp. v. Sandifer Motors, Inc. the Firm successfully prosecuted a claim and defended a counterclaim involving the delivery of industrial waste to an industrial waste landfill and the waste site operator's compliance with the contractual terms. In Thomas v. FAG Bearings Corp., 846 F. Supp. 1382 (W.D. Mo. 1994), the Firm successfully defended a third-party action seeking CERCLA cost recovery and toxic tort damages. Firm lawyers obtained a case management order that required the third-party plaintiff early in the case to produce its evidence of liability against third parties. When that evidence was shown to be insufficient to support the claims, Firm lawyers moved for and obtained summary judgment before significant discovery had taken place. Alternative Dispute Resolution Firm lawyers are among the chief advocates of the innovative use of alternative dispute resolution techniques to resolve multi-party issues at Superfund sites. Firm lawyers are active in leading organizations of dispute resolution professionals, including the Center for Public Resources, the American Arbitration Association and the Section of Dispute Resolution of the American Bar Association. The Firm has participated in numerous mediation and arbitration proceedings to allocate costs at Superfund sites. Firm lawyers also have been retained as neutral allocation consultants to help PRPs allocate such costs, including two ofEPA's pilot allocation sites, the Old Southington Landfill Site and the Batavia Landfill Site. 5 WA506775.1