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<br />.. <br /> <br />. <br /> <br />e <br /> <br />SPENCER FANE <br />B R I T T $ B ROW N E LLP <br />ATTORNEYS" COUNSElORS AT LAW <br /> <br />Firm lawyeTs regularly are called upon by a Missouri-wide group of industrial companies, <br />Associated Industries of Missouri, to discuss and comment upon proposed environmental regulations <br />and legislation in Missouri and to develop strategies for supporting or objecting to such proposals <br />on behalf of industry. <br /> <br />Firm lawyers challenged EP A's NOx SIP Call that imposed costly controls on 22 states, and <br />the District of Columbia on behalf of a consortium of Western Missouri utilities. Although the NOx <br />SIP Call was generally upheld, the court struck down the rule as to Western Missouri, resulting in <br />a combined savings of approximately one billion dollars to the five utilities in the consortium. <br />Michigan v. u.s. E.P.A., 213 FJd 663,681-85 (D.C. Cir. 2000). <br /> <br />Insurance Coverage for Environmental Damages <br />The Firm's lawyers have taken a major role nationally in seeking to enforce the rights of <br />insurance policyholders to receive a defense and indemnification from their insurance carriers <br />pursuant to comprehensive general liability insurance policies for claims alleging environmental <br />damage. Such insurance coverage has been especially important for companies facing hazardous <br />waste site cleanup claims under state and federal statutes such as CERCLA <br /> <br />In the Conservation Chemical Company case discussed above, Firm lawyers represented one <br />ofthe major generator-defendants in litigation against the site owner's insurance carriers to compel <br />their financial participation in the site remedy. Those efforts resulted in a substantial settlement by <br />those insurers. <br /> <br />Firm lawyers have represented disposal site users in numerous other claims, including several <br />that led to published court decisions favoring policyholders. InPipefitters Welfare Educational Fund <br />v. Westchester Fire Ins. Co., 976 F.2d 1037 (7th Cir. 1992), Firm lawyers obtained one of the <br />nation's first rulings interpreting the personal injury coverage part of an insurance policy to provide <br />coverage for environmental damage. <br /> <br />Firm lawyers have been retained by several national and international companies to draft, <br />review, and file amicus briefs in insurance coverage cases pending nationwide. <br /> <br />Firm lawyers have been invited to speak on environmental insurance coverage issues at several <br />national hazardous waste and toxic tort workshops sponsored by organizations such as the American <br />Bar Association and the American Law Institute-American Bar Association. <br /> <br />Bankruptcy <br />Bankruptcy and creditors' rights issues frequently become important in environmental <br />proceedings, especially multi-party Superfund sites. The Firm has assisted individual PRPs and PRP <br />groups as common counsel when other PRPs threaten or declare bankruptcy. <br /> <br />7 <br /> <br />WA506775.I <br />