Ms. Wurtzler is the author of the DGS Environmental Toxic Tort Blog and has more than 15 years experience defending personal injury, medical monitoring and property damage toxic tort cases. Her clients include Fortune 100 and 500 companies as well as small start-up electronics manufacturers and local businesses. These cases involve claims alleging common law torts, unjust enrichment, and violations of federal and state environmental statutes. Some also include claims under citizen suit provisions in environmental statutes.

Substances at issue in one or more of these cases include chlorinated solvents (PCE, TCE, TCA, and DCE), nitrates, PCB’s, metals and/or petroleum hydrocarbons. Recent chlorinated solvent and petroleum hydrocarbon cases all involve potential vapor intrusion from groundwater contamination underneath residences. Other alleged pathways in her cases are ingestion of, inhalation of and/or dermal exposure to chemicals in dust and soils, public water supplies or private well water, and from consumption of fish.

To date, she has been the lead defense lawyer in more than 20 toxic tort personal injury and medical monitoring cases and more than 25 toxic tort property damage cases in state and federal courts. She has had significant roles in many other such cases, particularly in the areas of damages, toxicology and risk assessment. In the property damages area, she works closely with the experts and draws upon her undergraduate training in economics and experience in working with models to evaluate large data sets. Her cases include plaintiff classes, bellwether plaintiffs and individual plaintiffs. Together with other DGS lawyers, she has tried two of these cases in which the jury returned a verdict of no loss of property value.

An important component of Ms. Wurtzler’s practice in defending (or avoiding) toxic tort cases is advising the client and its consultants regarding their interactions with regulators. Subjects include regulatory compliance, remediation, management of regulated substances, negotiation and implementation of fish tissue studies, public relations plans, proposed and final action levels, and defense of penalty proceedings.

Natural Resource Damages and Remediation Cost Recovery

Ms. Wurtzler has more than 15 years experience defending natural resource damages claims and prosecuting and defending cost recovery claims. Her clients include Fortune 100 and 500 companies.

The natural resource damages cases (NRD) arise under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) as well as similar state statutes. She works with economic experts on issues concerning injury determination and quantification of NRD and with remediation and terrestrial and aquatic wildlife experts on restoration measures.

The cost recovery cases arise under federal statutes such as CERCLA, state statutes and common-law. She handles cases ranging from one to more than one hundred Potentially Responsible Party (PRPs). She has negotiated consent decrees and administrative consent orders with government agencies and settlement agreements among PRPs.

Brownfields

Some of Ms. Wurtzler’s brownfields projects arise out of litigation or threatened litigation and are a key part of a settlement. Others arise out of a client’s interests in acquiring a contaminated or mothballed property and converting it to a new, environmentally safe use. Projects range in size from a 72-mile long recreational trail to rehabilitation of a former auto dealership in a small mountain town. To implement these projects, Ms. Wurtzler works with federal, state and local government agencies. She has negotiated cleanup levels, environmental covenants and other institutional controls, and covenants not to sue. She has addressed vapor intrusion and risk assessment issues. She has obtained reimbursements under programs such as Colorado’s Petroleum Storage Tank Fund.

Relevant Memberships

• Zeiler Farms, Inc., v. Anadarko E&P Company, LP (2009 WL 890716 (D.Colo.))
• La Plata County Board of County Commissioners v. Brown Group Retail (2009 WL 413756 (D.Colo.))
• Wason Ranch Corp. v. Hecla Mining Co., 2008 WL 906110 (D. Colo. March 31, 2008)
• Stulb v. Schlage Lock Co., et al., 2005 WL 1073906
  (D. Colo. March 11, 2005)
• Atlantic Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138 (10th Cir. 2000)
• Satsky v. Paramount Communications Inc., 1996 WL 1062376 (D. Colo. March 13, 1996)
• Satsky v. Paramount Communications Inc., 7 F.3d 1464 (10th Cir. 1993)
• Satsky v. Paramount Communications Inc., 778 F. Supp. 505 (D. Colo. 1990)
• Department of Health, State of Colorado v. Hecla Min. Co., 781 P.2d 122 (Colo. App. 1989)
• Thomas v. Great Western Sugar Co., 773 P.2d 582
  (Colo. App. 1988)