Environmental attorneys at Waller Lansden have extensive experience with a broad range of issues arising under CERCLA. We have successfully prosecuted cost recovery actions for clients as well as defended against government and potentially responsible party (PRP) cost recovery actions under Sections 107 and 113. Our attorneys have negotiated consent decrees, negotiated de minimis settlements and otherwise resolved impacted sites under various federal and state Superfund or voluntary cleanup programs.
Waller Lansden’s environmental attorneys have represented PRPs on site steering committees and in all aspects of management of site remediation. We have defended CERCLA Section 106 actions and the potential listing of sites on the National Priorities List (NPL).
Waller Lansden has worked with numerous clients in designing remedial investigation/feasibility studies to support selection of final remediation goals for groundwater remediation other than the Safe Drinking Water Act's maximum contaminant levels. The alternative concentration limits are based on risk to groundwater receptors, considering institutional controls. Waller Lansden was involved in the drafting of Tennessee's groundwater classification and risk-based, site-specific cleanup standards.
Our attorneys serve as lead counsel for one of the two PRPs at the first federal NPL site in Tennessee to have Tennessee’s Division of Superfund (DSF) as the lead agency. We have addressed and helped coordinate issues such as dual (DSF and USEPA) oversight of investigation, remedial selection and remedial action. We have represented PRPs at more than 15 sites where DSF has allowed a PRP to utilize the interim action authority in DSF's regulations to achieve rapid risk reduction to avoid the expense and delay that would accompany the full RI/FS process. Waller Lansden was instrumental in the development of Tennessee’s Voluntary Cleanup Oversight & Assistance Program and has represented clients at scores of sites in this program.
