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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

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

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?

Former head of OSHA discusses workplace injury policies, DOJ enforcement

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

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’

112 Thompson Coburn attorneys featured in 2015 Best Lawyers list

Real Estate Group retains a top ranking in 2014 Best of the Best Survey

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
312 580 2214

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
St. Louis
314 552 6112

Sara defends clients in a variety of environmental litigation and regulatory enforcement matters.

Sara defends clients in a variety of environmental litigation and regulator...

Sara Chamberlain
Partner
St. Louis
314 552 6019

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
Associate
St. Louis
314 552 6520

Lisa advocates for clients facing complex product liability and personal injury litigation.

Lisa advocates for clients facing complex product liability and personal in...

Lisa DeBord
Partner
St. Louis
314 552 6166

Joe is an experienced environmental law counselor who provides actionable, common-sense advice to clients on a wide array of regulatory and litigation issues.

Joe is an experienced environmental law counselor who provides actionable, ...

Joe Kellmeyer
Partner
St. Louis
314 552 6321

Ryan is a problem-solver who works to create opportunities for clients dealing with environmental and energy issues, property disputes, commercial litigation, and governm...

Ryan is a problem-solver who works to create opportunities for clients deal...

Ryan Russell Kemper
Partner
St. Louis
314 552 6168

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
Sr Advisor, Environment, Health and Safety
St. Louis
314 552 6467

As Thompson Coburn's Senior Advisor, Environment, Health and Safety, Max provides technical support on remediation and groundwater contamination matters, acquisitions, re...

As Thompson Coburn's Senior Advisor, Environment, Health and Safety, Max pr...

Max McCombs
Partner
St. Louis
314 552 6154

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
314 552 6109

Peter is a nationally recognized environmental attorney who helps companies respond to major environmental incidents, navigate regulatory actions, and successfully resolv...

Peter is a nationally recognized environmental attorney who helps companies...

Peter Strassner