State and Federal Superfund Law

Our clients have included small businesses, local governments, utilities, insurers, and large corporations involved in Arizona’s largest and most complex state and federal Superfund sites. We have helped clients through every stage of the Superfund process:

  • Responding to requests for information from the Arizona Department of Environmental Quality and Environmental Protection Agency by compiling records, conducting employee interviews, researching the history of sites, and preparing formal responses to the agency.
  • Preparing, commenting on, and negotiating investigation and remediation plans and reports.
  • Negotiating consent orders and consent decrees governing the investigation and remediation of contaminated sites to define the scope of obligations, minimize risk, and maximize certainty.
  • Securing permits and approvals necessary to conduct a cleanup that meets all Superfund requirements.
  • Defending against government and private cost recovery claims.
  • Identifying potentially responsible parties with adequate resources to share cleanup costs.
  • Recovering costs from responsible parties.
  • Litigating, negotiating, and settling liability with agencies and other responsible parties.
  • Obtaining No Further Action Determinations and other forms of Site Closure.
  • Securing deletion of sites from the Superfund National Priorities List.

Our attorneys are used to teaming with in-house counsel, environmental staff, corporate management, technical consultants and other outside counsel. We customize our approach based upon each client’s needs and resources, and we understand the importance of adjusting to changing circumstances, new facts, and input from interested parties and regulators.

Our practice group lead attorney was involved in creation of Arizona’s current Superfund program, the Water Quality Assurance Revolving Fund (WQARF), helped draft the current WQARF rules, and has served on the WQARF Advisory Board since its creation. Our strong working relationships with the Arizona Department of Environmental Quality, and other public and private environmental counsel, have helped our team to successfully represent clients in dozens of superfund sites.