Environmental Compliance, Contamination & Litigation

Regulatory Compliance & Litigation

Sullivan provides regulatory compliance advice on a wide range of federal and state environmental requirements, including matters involving wastewater discharge, contaminated soil and groundwater impacts, air emissions, vapor intrusion, greenhouse gas emissions and climate impacts, wetlands, waterfront development, health and safety, hazardous substances and waste, hazardous materials transport, and zoning. We also help clients secure environmental permits, including operating and construction permits.

We have advised clients on environmental reporting and notification requirements, assisted with the voluntary disclosure of potential violations pursuant to the federal audit and self-disclosure policy and negotiated settlement agreements with government agencies and private parties. Our attorneys also have successfully represented clients in governmental enforcement actions involving compliance with legal requirements, contribution lawsuits, natural resource damage claims and toxic tort suits alleging injury from environmental contaminants or exposure to hazardous materials.

Contaminated Property

Sullivan represents clients in matters concerning contaminated property throughout the United States under CERCLA, RCRA, analogous state statutes, and voluntary cleanup and brownfield programs. Working with environmental consultants and contractors, our lawyers have assisted to develop site-wide and off-site remedial and corrective action plans for facilities across various industries.

We endeavor to reduce our clients’ financial exposure by pursuing other potentially responsible parties, available insurance and contractual indemnities. When necessary, we litigate issues involving the determination and allocation of liabilities.

Natural Resources & Land Use

Our attorneys have successfully obtained permits – and defended against permit challenges – for projects subject to regulation under the National Environmental Policy Act, Endangered Species Act, Federal Land Policy and Management Act, National Forest Management Act, Clean Water Act, Rivers and Harbors Act, National Historic Preservation Act and comparable state statutes. On behalf of our clients, we also have challenged federal action under many of these same laws.

Representative Client Work

• Advised owner of former industrial site, which had previously received no further action determination for historic environmental contamination, regarding request by Massachusetts Department of Environmental Protection to evaluate potential trichloroethylene contamination under new, more restrictive state standards
• Acted as local counsel for buyer of Boston-area automobile dealerships regarding post-closing environmental issues arising under the purchase and sale agreements
• Defending client against lawsuit by California Department of Public Health, Radiologic Health Branch, seeking to require decontamination and decommissioning of property under radiation control law and regulations
• Advising client regarding legacy liabilities, remediation implementation and oversight at multi-party sites in New England and Midwest under CERCLA and state law
• Settled U.S. District Court litigation on behalf of landowner against lessee to recover costs incurred to remediate PCB contamination
• Based on administrative record developed for client in underlying CERCLA proceeding, federal district court refused to enforce EPA’s remedial order, or require that client pay civil penalties or treble damages
• Advised indemnitor in developing defense strategy, answering complaints, and fulfilling disclosure and discovery requirements in homeowners’ property damage cases