Environmental Law

Resource Conservation and Recovery Act

Partners

Cohen, Edward A.

Kellmeyer, Joseph M.

Kennedy, Crystal M.

Sonderegger, Paul T.

Stone, Brian C.

Strassner, Peter S.

Associates

Bousquet, Kimberly M.

Kemper, Ryan Russell

Linzer, Ross E.

EHS Senior Advisor

McCombs, Max W.

• Agrium
• American Commercial Barge Lines
• Bemis Company
• BNSF Railway
• Bunge North America
• CKE Restaurants (Hardee's)
• ConocoPhillips
• ExxonMobil Coal & Minerals
• ExxonMobil
• Insituform Technologies
• Kansas City Southern Railway
• Laclede Gas
• Mallinckrodt
• Norfolk Southern
• United Van Lines 
• WCA Waste Corporation

RCRA Experience

RCRA TSD Settlement
The U.S. EPA brought a case before an administrative judge for alleged RCRA violations and for an order requiring our client to apply for a RCRA Treatment Storage and Disposal (TSD) Facility permit. By presenting evidence during settlement negotiations, much of which consisted of EPA’s own internal memoranda, we persuaded the EPA to drop the main count of its petition, settle for a significantly reduced civil penalty and a supplemental environmental project. Our client was not required to obtain a TSD permit.

Remediation Negotiations
The EPA wanted a metal finishing company and its president to agree to unlimited liability to perform an undefined cleanup to EPA’s satisfaction. We negotiated an Administrative Order on Consent providing for a cleanup of heavy metal contamination (including lead, chromium and cadmium), which included a finite scope of work with volumetric limits on contaminated soil removal.

Former Petroleum Refinery Cleanup
We negotiated a settlement with the state of Illinois regarding the cleanup of a former petroleum refinery. Our firm represented one of the three former owners/operators of the facility. The agreement negotiated with the state included visual cleanup criteria, volumetric waste disposal limits, fixed financial exposure and broad releases from future liability. During approximately five years of negotiations, we took a lead role. Our client also received substantial settlements in the matter with respect to its insurance coverage claims.

RCRA Part B Post-Closure Permit Negotiations
Our environmental practice group negotiated what is believed to be the first Part B Post-Closure Permit ever issued for a TSD facility under the Missouri Hazardous Waste Management Law. The facility was a low-carbon steel chain manufacturing operation whose early activities predated the enactment of RCRA. After the permit was issued, and less than three years into the 30-year post-closure care period, Thompson Coburn filed a Class 3 Modification Request which successfully resulted in the cessation of all groundwater monitoring and the termination of the post-closure permit and all obligations thereunder.

Underground Storage Tanks
Thompson Coburn has handled scores of underground storage tank matters. We have prosecuted and defended lawsuits involving contamination from underground storage tanks. We have also defended administrative actions brought by governmental agencies for the removal and/or cleanup of underground storage tanks. In addition, we have successfully assisted clients in obtaining favorable eligibility determinations from state underground storage tank insurance funds. We have also handled citizen suits and common law actions to recover and avoid cleanup costs.