Superfund

Kean Miller LLP has extensive experience in Superfund cases covering more than 20 years.  Our Superfund experience includes representation of owners, operators, and generators at both single party and multi-party sites.  Our Superfund Team members are well-versed in the representation of potentially responsible parties (PRPs) presenting a variety of factual and legal issues.  We have represented PRP groups as common counsel, individual PRPs, multiple PRPs presenting common issues, such as de minimis parties.  Our team has represented individual PRPs and PRP groups in negotiations with United States Environmental Protection Agency, the United States Department of Justice, United States Department of the Interior, NOAA, the Louisiana Department of Environmental Quality, and TNRCC (now TCEQ), including negotiations pertaining to the selection of remedial actions.  The result of our experience is a unique approach to cost allocation issues and negotiations. We offer clients a sophisticated understanding of the complex technical and legal issues associated with the cleanup of state and federal Superfund sites. 

Representative Experience:

  • Representation of PRPs in numerous state superfund sites which employed RECAP to determine the remedial action, including the Line Avenue Site in Shreveport, Louisiana.  The Line Avenue site was the first site to be addressed under Louisiana’s RECAP regulations and the Inactive and Abandoned Site (IAS) regulations.  This representation resulted in the selection of a cost effective, in-situ closure, pursuant to issuance by the Louisiana Department of Environmental Quality of the first “Decision Document” under the IAS regulations.
  • Representation of PRPs in mediation with the U.S. EPA, NOAA and TNRCC involving the Tex Tin Site, Texas City, Texas.  This mediation resulted in the United States accepting responsibility for 65% of the remedial costs. 
  • Representation of PRPs in numerous state superfund sites including:  Tate Cove Site; D.L. Mud Site; Marco of Iota Site; Dutchtown Refinery Site; Shoreline Refinery Site; TH Agriculture & Nutrition Site; Episcopal Housing Authority Site; Mar Services Site; R&K Creosote Site; Rab Valley Site (Oklahoma).
  • Representation of a global rubber and chemical Company, a tire company and a steel company before the Louisiana Department of Environmental Quality regarding the Petro-Processors Superfund Site.  
  • Common counsel for the PRP Group at the Gulf Coast Vacuum Site (GCVS) in St. Landry Parish, Louisiana.  As a result of Kean Miller’s representation, the PRP Group was able to convince the EPA to revise the Record of Decision (ROD) to change the remedy from incineration to an in-situ remedy resulting in a savings of millions of dollars.  Kean Miller’s representation of the GCVS PRP Group included assistance with contracting, access agreements, escrow accounts, and other issues.

  • Representation of seven chemical companies in the Combustion, Inc. litigation.  In this action we represented the companies on a joint defense basis.  This litigation was a class action suit involving over 9,900 plaintiffs in connection with alleged exposure from the Combustion, Inc. "Superfund" site.  The joint defense arrangement resulted in a cost-effective defense. 
  • Common counsel for the Bayou Sorrel Superfund Site PRP group and, subsequently, Bayou Sorrel Steering Committee in connection with the Bayou Sorrel Superfund Site in Iberville Parish, Louisiana.  As a result of Kean Miller’s representation, EPA headquarters changed its internal policy to allow PRP groups to undertake RI/FS without the necessity of committing to the RD/RA.  Kean Miller’s representation of the PRP groups of the Bayou Sorrel Superfund Site included representation through the following stages:  RI/FS, RD/RA, cost recovery claims, comments on the ROD, negotiation of the remedy selection, negotiation of the consent decree, establishment of trust, negotiation of remedial RD/RA contracts, operation and maintenance (O&M), and site de-listing.

  • Representation of a major chemical company regarding a “Superfund nominated site” near Shreveport, Louisiana, where over 2,000 neighbors alleged property damage and personal injury exposure from ground water migration and air contamination.
  • Representation of a major forest products company and an oil and gas company with regard to the PAB Oil Superfund Site in Abbeville, Louisiana. 
  • Representation of a major chemcial company in a class action case involving alleged ground and air exposure to toxic substances from a pesticide and herbicide mixing plant formerly comprising a city block in New Orleans. 
  • Representation of a global energy company with regard to the 51 Oil Superfund Site.  We represented the company in a property damage claim related to naturally occurring radioactive material (NORM). 
Areas of Expertise:
  • Site investigations
  • Emergency response actions
  • Remedial actions
  • Removal actions
  • Negotiating Administrative Orders and Consent Decrees
  • Remedial Investigations/Feasibility Studies (RI/FS)
  • Responding to EPA and DEQ Orders
  • Insurance coverage claims
  • Risk assessments
  • Natural Resource Damages claims
  • De Minimis settlements
  • PRP agreements
  • Cost recovery actions
  • Cost allocation plans
  • Selection of remedial actions under RECAP
  • Administration of PRP groups
  • Engineering and services contracting for PRP groups
  • Guaranteed remedial action contracts
  • Negotiation and settlement with state and federal agencies
  • CERCLA
  • Permit waiver provisions
  • Voluntary cleanups
  • Brownfields
  • Beneficial use exemptions