CERCLA and Natural Resource Damages

DGS has extensive experience in all aspects of the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund.  We have defended significant governmental cost-recovery actions, and have successfully defended and prosecuted numerous private-party contribution actions.  DGS attorneys routinely apply their expertise to evaluate potential exposure to CERCLA and other environmental liabilities for clients in mergers and acquisitions.  We frequently work with clients in Brownfield and similar property transactions to ensure that the requirements for “all appropriate inquiry” under CERCLA are met, including those established in the recent CERCLA amendments that created the “bona fide purchaser” and  “contiguous landowner” defenses and modified the “innocent landowner” defense.  We also provide remedial oversight at major CERCLA Superfund sites across the country.  Our clients have relied on us to ensure that their environmental response actions are consistent with the requirements of the National Contingency Plan, to challenge the adequacy of other parties’ response actions, and to review and comment on governmental response actions.  Our lawyers have been heavily involved in CERCLA national resource damages actions since the mid-1980's, representing clients such as Atlantic Richfield, General Electric, Union Pacific and Viacom at sites around the country.  Our extensive interactions with both state and federal agencies on behalf of clients facing potential CERCLA liability allow us to work effectively and efficiently in resolving these issues.