Jim Ray's practice focuses on counseling clients and litigating environmental, asbestos, and products liability cases. Much of his work involves private disputes under the Comprehensive Environmental Response, Compensation, and Liability Act; the Resource Conservation and Recovery Act; underground storage tank laws; and the public trust doctrine as well as defense of government enforcement actions, third-party claims, and citizen suits. He also defends asbestos, lead-based paint, mold, and products liability cases and counsels clients involved in product recalls with the Consumer Product Safety Commission. Mr. Ray has been listed in The Best Lawyers in America® in the area of Environmental Law since 2008 (Copyright 2011 by Woodward/White, Inc., Aiken, SC). Before joining the firm, Mr. Ray worked as a senior engineer for the Connecticut Department of Environmental Protection in the Hazardous Waste Management Section. His DEP experience included enforcement and permitting under RCRA and analysis of environmental considerations in litigation, real estate transactions, and bankruptcy. Professional Associations - Connecticut Bar Association, Environment Section, 1992 to present, Former Cochair of Young Lawyers Section, Environment Committee - Connecticut Business & Industry Association, Environmental Policies Council, 1992 to present - American Bar Association (ABA), Environmental Litigation Committee, Cochair - CLE Summit of ABA's Environmental Litigation, Products Liability and Mass Tort Committees, Cochair, 1/2011 and 1/2005 - Lawyers Collaborative for Diversity (formerly the Connecticut Lawyers Group), Executive Board Member Honors and Awards - Ranked in Chambers USA: America's Leading Lawyers for Business in the state of Connecticut in the area of Environment for 2011 - Listed in Who's Who Legal: The International Who's Who of Environment Lawyers 2011 (Copyright by Law Business Research Ltd) - Listed in The Best Lawyers in America® in the area of Environmental Law since 2008 (Copyright 2011 by Woodward/White, Inc., Aiken, SC) Experience - Representation of Fortune 500 company in $250 million, 400-member class action in Colorado state court involving claims of indoor air, groundwater and soil contamination. Matter settled for less than 10 percent of original claim. - Advised foreign publicly traded company as to whether an issue with a product was a defect that created substantial risk of personal injury to the public and so required recall under Federal Boat Safety Act. - Represented subsidiary of conglomerate client on steering committee of multiparty Midwestern CERCLA site. Environmental - Served as environmental counsel to insurance carrier in a multimillion-dollar property insurance claim for anthrax contamination. - Counseling a large manufacturing client in a project involving toxic tort claims, ground water investigation and remediation, on-site soils investigation and remediation, and cost recovery efforts. - Defended the purchaser of a nuclear power facility in an action seeking to prevent the transfer of environmental permits. - Assisted insurance carrier in damages evaluation for a catastrophic fire loss at a regional composting facility. - Defended lessee of bulk fuel oil terminal in dispute over the condition of the tanks and ancillary equipment following termination of the lease. - Represented manufacturing clients in multiparty disputes involving defense of RCRA citizen's suit and allocation of costs for multimillion-dollar cleanup at waste oil refinery. - Organized the performance of the PRP Group to negotiate cash-outs and perform removal action at a midwestern Superfund site. - Defending insurance carrier in coverage dispute for denial of landfill operating permits. - Counseled former owner of midwestern manufacturing facility in defense of state enforcement actions for site investigation and remediation and in negotiations with current facility owner. - Represented clients in multiparty allocation of landfill cleanup costs, recommending use of contribution proceeds to serve as means to correct interim allocation inequities. - Represented client in landfill allocation and EPA consent decree negotiations, including negotiation of carve out of activities to be performed by recalcitrant PRPs. - Recovered response costs and EPA oversights costs on behalf of manufacturing client in trial of CERCLA action against uncooperative PRP. - Represented owner of commercial property in suit for injunction and damages due to soil and groundwater contamination coming from company on neighboring property. - Defended gasoline distributor in defense of wrongful death claims arising from building explosion allegedly caused by free-phase gasoline on groundwater table. - Representation as lead counsel in defending a drum recycling company in a Comprehensive Environmental Response, Compensation, and Liability Act action in U.S. District Court for the District of Rhode Island concerning the Centredale Manor Restoration Project Superfund site in North Providence, Rhode Island. The Superfund site includes a nine-acre peninsula where various entities operated a chemical manufacturing facility and the client operated a drum reconditioning facility. The principal containment of concern is dioxin. Estimates from the U.S. Environmental Protection Agency exceed $100 million. Products Liability - Assisted distributor of juice extractors in evaluating reporting and recall obligations in connection with reports of alleged product malfunctions. - Counseled distributor of toaster ovens with an allegedly defective power cord on reporting obligations and implementation of a voluntary corrective action program. - Represented manufacturer of horizontal gas-fired furnaces in connection with reporting and implementation of a corrective action program to address an allegedly defective vent collar. - Counseled battery manufacturer on reporting obligations and implementation of a voluntary corrective action plan associated with allegedly defective battery charger. - Counseled client with respect to obligations associated with use of asbestos gaskets in commercial kitchen products. Publications & Presentations Articles - "Property Damage Claims for Environmental Contamination: The Problems Inherent in Attempting to Bring Them as Class Actions," coauthored with Deborah A. Vennos (Winter 2006), published in The Urban Lawyer, Vol. 38, Number 1 Presentations - "The New Normal - Litigation Management and Budgeting" (1/2011), Moderator of panel for the American Bar Association's CLE seminar cosponsored by the Litigation Section's Environmental, Mass Torts, and Products Liability Committees, Snowmass, Colorado; event Cochair - "Breakout Session 4: Ethics" (5/2007), American Bar Association's Section of Environment, Energy, and Resources, Key Environment Issues in U.S. EPA Region 1, Moderator - "Working with Environmental Experts: Preserving Attorney-Client Privilege and Work Product Protections," copresented with Kirstin M. Etela (January 2005) at Environmental, Products Liability, and Mass Tort Litigation Committees Joint CLE Seminar, ABA Section of Litigation - "Defending a Toxic Mold Claim" (6/18/2003) presented at Water Intrusion and Mold Claims in Connecticut Seminar - "Toxic Mold: A Legal Perspective" (10/3/2002) presented at Connecticut Society of Women Environmental Professionals Mold Seminar - "Toxic Mold: A Legal Perspective" (10/2/2002) presented at Stamford/Norwalk Regional Bar Association Breakfast Seminar - "Connecting the Dots to a Successful Brownfields Project: A Case Study" (8/7/02) presented at International Economic Development Council Brownfields Workshop - "Environmental Risk Management in a Post 9/11 World" (5/01/02) presented at Connecticut Business and Industry Association Environmental Health and Safety Expo - "Class Actions and CAFOs: A Match Made in (Hog) Heaven" (2/2002) presented at American Bar Association Environmental Litigation Committee Mid-Year Meeting - "Recent Developments in CERCLA Litigation" (2/1999) presented at American Bar Association's (ABA) Environmental Litigation Committee Mid-Year Meeting - "Lead-Based Paint Litigation" (4/1995) presented at Fourth Gallivan Conference on Real Property Law at the University of Connecticut School of Law - "Solid and Hazardous Waste Developments in Connecticut" (6/1993) presented at Connecticut Business & Industry Association's (CBIA) Environmental Summer School - "Negotiating Workable Settlement Agreements" (6/1992) presented at CBIA's Environmental Summer School News 6.17.11, Chambers USA Ranks Robinson & Cole in Six Practices, Names 12 Attorneys as Leading Lawyers 3.01.11, Environmental and Utilities Attorney Cochairs Seminar and Moderates Panel 1.19.10, Robinson & Cole Partner Appointed to the National Conference for Community and Justice Board of Directors 3.02.09, Robinson & Cole Partners Moderate Panel Discussion at LCD Seminar |