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RESOURCE CONSERVATION AND RECOVERY ACT

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.

Publications

EPA Makes Major Moves on PFAS in April

Long-Awaited SEC Climate Disclosure Rule Draws Legal Challenges Across the Ideological Spectrum

California's New Environmental Disclosure Laws Mandate Corporate Transparency

Federal Trade Commission to seek comments on Proposed Updates to its “Green Guides”

Maine’s PFAS product reporting deadline is quickly approaching: Are you ready?

EPA announces proposed rule on HFC allowance allocations for 2024-2028

A brief primer on PFAS litigation: Trends and future disputes

EPA continues to advance aggressive PFAS strategy with new RCRA rulemakings

‘Waters of the United States’ and ‘Navigable Waters Protection’ rules remain in flux, as EPA and Corps buy time to propose replacements

EPA incorporates environmental justice into enforcement policy: How can regulated industries prepare?

SEC emphasizes ESG by establishing new website and taking public comments on climate disclosure

New administration, new priorities: Preparing for the Biden-Harris Administration’s key environmental focus areas

EPA recommends new requirements in NPDES permits to address PFAS in wastewater and stormwater

EPA Final Rule may keep projects at existing major sources from triggering stringent pre-construction permitting requirements

2020 ‘Waters of the United States’ Rule narrows federal authority and may open opportunity for development

How the Atlantic Richfield decision may impact the EPA Model Consent Decree template

Supreme Court expands reach of Clean Water Act to cover some discharges to groundwater

CSB’s new accidental release reporting rule expands facilities’ reporting obligations

‘Dark Air': Why industries should prepare for regulation of PFAS air emissions

The sky’s the limit as the EPA releases a flurry of 2019 air permitting guidance and proposals

DOJ curtails use of supplemental environmental projects in environmental settlements

EPA formalizes approach to avoid federal and state duplication of inspections and enforcement

Air rules to watch for in second half of 2019

EHS voluntary compliance prevents injuries and saves money

‘Waters of the United States’ rule from EPA, Corps may make real estate development more easily achievable and less costly

EPA announces ‘adjacent’ under Clean Air Act now limited to physical proximity

Uh-oh, y’all: EPA’s action against ‘Fixer Upper’ stresses importance of lead paint rules

5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions

EPA Regional Counsel and MDNR General Counsel discuss environmental enforcement under new administrations

What to do when the government comes calling: A checklist for handling facility inspections

Environmental deregulation under President Trump: Business as usual?

5 tips for environmental due diligence in business transactions

New circuit split raises questions about ‘permit shield’ defense in Clean Water Act cases

EPA reveals first 10 chemicals to be reviewed under a more robust toxic substances act

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

Do you need a Section 404 permit for your real estate development?

Missouri municipal entities must follow statutorily-required steps before executing settlement agreements

DOJ shifts enforcement of worker safety violations to Environmental Crimes Section

Chemical Safety Board investigator outlines discoveries from West Fertilizer, Charleston water incidents

Supreme Court overturns EPA’s 'Tailoring Rule,' upholds GHG BACT for 'anyway' sources

Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities

Blog Posts

Downstream drama: Iowa utility can’t recover damages from county drainage districts

No-GMOs are a no-go in Oregon and Hawaii

9th Circuit sends herbicide debate back to the EPA

Can the California A.G. limit those incessant Prop 65 lawsuits?

News

Thompson Coburn Attorneys Recognized in Chambers USA 2024

TC Attorneys Cover SEC Climate Rule’s Unique Legal Hurdles for Law360

Ryan Russell Kemper and Paul Sonderegger Named to Environmental & Energy Law Power List

Chambers USA Recognizes Thompson Coburn Practices for Excellence in 2023 Guide

Thompson Coburn attorneys recognized in 2022 Chambers USA

St. Louis Boys & Girls Club announces plans for youth golf facility at former Superfund site

Thompson Coburn attorneys recognized in 2020 Chambers USA

St. Louis litigators John Galvin, Suzanne Galvin join Thompson Coburn

Congratulations to our 14 ‘Lawyers of the Year’ for 2020

17 Thompson Coburn attorneys recognized in 2019 Chambers USA

Peter Strassner talks to Best Lawyers about Thompson Coburn’s environmental practice

Thompson Coburn earns 11 national top-tier rankings in U.S. News 2019 ‘Best Law Firms’ survey

Thompson Coburn’s Environmental practice group celebrates top rankings

Congratulations to our 14 ‘Lawyers of the Year’ for 2019

Barry Klinckhardt, Susan Myers among 2018 Corporate Counsel Award winners

Crystal Kennedy inducted into the Commercial Real Estate Hall of Fame

Thompson Coburn earns 12 national top-tier rankings in U.S. News ‘Best Law Firms’ survey

Ryan Russell Kemper named to St. Louis Business Journal’s 40 Under 40 list

Congratulations to our 2017 ‘Lawyers of the Year’

Ryan Russell Kemper to head United Way fundraising effort

23 Thompson Coburn attorneys recognized in 2016 Chambers USA

Eric Boyd hosts discussion with retired EPA official to kick off Clean Air Act seminar

25 Thompson Coburn attorneys recognized in 2015 Chambers USA

Congratulations to our 15 St. Louis ‘Lawyers of the Year’

St. Louis Business Journal covers Thompson Coburn’s work on unique Superfund settlement

Chemical Safety Board investigator shares insights from two high-profile environmental incidents

27 Thompson Coburn attorneys recognized in 2014 Chambers USA

Ryan Kemper, Thompson Coburn environmental practice featured in St. Louis Lawyer

EPA, Boys & Girls Club announce $30 million cleanup of Superfund site

Boys & Girls Clubs of Greater St. Louis honors Thompson Coburn for pro bono work on Superfund cleanup site

Eric E. Boyd joins Thompson Coburn's Environmental Group

Thompson Coburn attorneys to collaborate with St. Louis City Counselor’s office on problem properties

Real Estate group supports $51 million apartment complex purchase

19 Thompson Coburn partners named 2013 St. Louis Lawyers of the Year

Paul Sonderegger appointed chair of environmental law committee for St. Louis bar

Thompson Coburn wins Illinois Supreme Court victory for ExxonMobil Coal

Peter Strassner named St. Louis Environmental Lawyer of the Year

Partner
Chicago

Eric represents clients in litigation, regulatory compliance, and transaction matters with respect to all of the major environmental programs.

Eric represents clients in litigation, regulatory compliance, and transacti...

Eric Boyd
Associate
Chicago

As a litigator with the Environmental Group, Tim is dedicated to achieving client goals in complex environmental disputes and regulatory matters.

As a litigator with the Environmental Group, Tim is dedicated to achieving ...

Tim Briscoe
Partner
St. Louis

Sara assists clients in identifying, navigating and responding to environmental risks and liabilities.

Sara assists clients in identifying, navigating and responding to environme...

Sara Chamberlain
Partner
St. Louis |
Chicago

Ed has substantial experience in a wide range of complex lawsuits, most of which involve multi-party environmental litigation.

Ed has substantial experience in a wide range of complex lawsuits, most of ...

Ed Cohen
Partner
St. Louis

John represents domestic and international clients in complex litigation and multi-district litigation in some of the most challenging state and federal venues in the cou...

John represents domestic and international clients in complex litigation an...

John Galvin
Partner
St. Louis

Clients turn to Suzanne Galvin for results in complex high-profile litigation, particularly in the areas of pharmaceutical, medical device, and environmental exposure cla...

Clients turn to Suzanne Galvin for results in complex high-profile litigati...

Suzanne Galvin
Associate
St. Louis

Suzanne is a litigation associate in the firm's environmental group.

Suzanne is a litigation associate in the firm's environmental group.

Suzanne Hart
Partner
St. Louis

Ryan has a broad and diverse practice serving clients navigating sophisticated matters related to air, water, land, energy, agriculture, emergency response and climate is...

Ryan has a broad and diverse practice serving clients navigating sophistica...

Ryan Russell Kemper
Partner
St. Louis

Crystal has 30+ years of national environmental experience and leads the transactional area of the Firm's environmental practice.

Crystal has 30+ years of national environmental experience and leads the tr...

Crystal Kennedy
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
St. Louis

Paul is a highly effective litigator and regulatory compliance attorney who has resolved environmental and real estate/construction disputes in state and federal courts a...

Paul is a highly effective litigator and regulatory compliance attorney who...

Paul Sonderegger
Partner
St. Louis

Peter is an environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions and successfully resolve civil and criminal l...

Peter is an environmental attorney who helps companies respond to major env...

Peter Stark Strassner