Hazardous Waste

GordonDerr's hazardous waste team has been instrumental in dozens of federal consent decree settlements under CERCLA, the Clean Water Act, and in hundreds of site investigations and cleanups under MTCA, including the successful negotiation of the first de minimis consent decree in Washington state history. The firm's hazardous waste practice has deep experience advising clients on groundwater, surface water, and soil contamination; leaking underground storage tanks; site cleanups and cost recovery litigation; and brownfields development.

GordonDerr has a formidable track record of negotiating, litigating, or reaching prompt settlement in some of the most complex environmental matters in the Pacific Northwest. 

Focused Knowledge and Experience

• CERCLA (Federal "Superfund" Law)
• MTCA (Washington state's Model Toxics Control Act)
• Groundwater contamination
• Surface water contamination
• Soil contamination
• Leaking underground storage tanks
• Site cleanups

Representative Accomplishments

• Instrumental in dozens of federal consent decree settlements under Superfund and the Clean Water Act, hundreds of site investigations and cleanups under the MTCA, and successful negotiation of the first de minimis consent decree under MTCA in Washington state history.
• Represented the purchaser of industrial property contaminated by previous industrial operations and coordinated the implementation of a passive treatment wall to remediate PCE and related contamination in the groundwater.
• Represented a property owner with respect to soil contamination arising from previous service station operations affecting private and public property. Negotiated a settlement under which major oil companies agreed to pay for site investigation costs and groundwater monitoring associated with the historical petroleum releases.
• Obtained successful settlements of a federal court lawsuit (filed under the citizen suit provisions of the federal Clean Water Act) and two enforcement proceedings initiated by the Department of Ecology related to alleged water quality violations.
• For a major Native American tribe, investigated site conditions, reviewed the feasibility of alternative cleanup strategies, developed a Record of Decision for cleanup of the site, and participated in a global settlement with hundreds of potentially liable parties, which included successful advocacy of the Tribes' sovereign immunity from Superfund liability.