As a member of the Technology, Manufacturing & Transportation industry team, Jack concentrates his practice on environmental litigation and enforcement defense. He represents both large and small corporate clients in the management of legacy environmental liabilities and the investigation and defense of claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and other state and federal environmental laws. Jack also represents clients as they seek recovery for environmental investigation and remediation expenditures and in the enforcement of insurance coverage for environmental liabilities. His experience includes allegations arising from contamination due to PCBs, dioxin, methanol, lead and heavy metals, among other hazardous substances. He advocates his clients' interests in jurisdictions across the country in complex disputes, which often involve large groups of interested parties.
Clients rely on Jack to negotiate directly with government agencies pursuing enforcement actions and to develop strategies to avoid future enforcement. Taking care to balance the regulatory compliance and corporate citizenship responsibilities with the business needs of his clients, Jack tailors practical legal solutions to their individual needs. He also counsels clients on an array of environmental issues, such as hazardous-waste management, CERCLA, the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA), federal regulations administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA), toxic tort litigation, and site remediation.
Represented a group of corporate clients as a member of the litigation team that obtained summary judgment against the United States in a case where the court agreed that the sales of used transformers for purposes of resale were not arrangements for the disposal of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). United States v. B&D Electric Inc., et al. No. 1:05-cv-00063-CDP, 2007 WL 1395468 (E.D. Mo. 2007)
•Counseled large-scale marine engine manufacturer in enforcement action brought by the United States in U.S. District Court, District of Columbia, for alleged violations of Title II of the Clean Air Act arising out of the installation of engines in U.S. Navy combat support vessels.
•Represented large corporate clients, including a Fortune 1000 client, in declaratory judgment actions on insurance policies potentially applicable to claims related to the remediation of environmental contamination in and around St. Clair County, Ill.
•Advised Fortune 1000 chemical manufacturing client regarding compliance obligations and potential liabilities under federal pipeline regulations administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA) related to the sale of client's pipeline.
•Represented a global, integrated producer of specialty chemical products from investigation through trial as plaintiff pursuing a novel theory of CERCLA arranger liability stemming from damage to client's pipeline caused by a construction company more than 30 years earlier.
•Counseled Fortune 500 and Fortune 1000 clients as plaintiffs in high-profile cost-recovery action regarding contamination in Anniston, Ala. Part of the litigation team that defended the same clients from mass toxic tort claims arising from the alleged contamination, with favorable results.
•Represented Fortune 500 and Fortune 1000 clients in the management of legacy environmental liabilities, including responding to U.S. Environmental Protection Agency (EPA) and other regulatory agency requests for information and negotiation of the scope of site remediation activities with other potentially responsible parties and government agencies.
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