A&P Realty v. Metropolitan District Commission
Massachusetts Superior Court

McRoberts & Roberts represented a commercial property owner whose property had been impacted by a 90,000 gallon oil release. We oversaw a comprehensive environmental investigation of our client’s property and adjoining properties, and then brought suit seeking damages for diminution in property value and recovery of remediation costs. At trial, we obtained a substantial verdict to cover our client’s costs of remediation.

Charles George Landfill Superfund Site
United States District Court, District of Massachusetts

Mark Roberts represented companies, including an eight company liaison group, in a complex, 60-party case brought by the United States under the Comprehensive Environmental Response Compensation and Liability Act, seeking recovery of the costs of remediating a contaminated landfill in Tyngsboro, Massachusetts. The case involved over two years of intensive motion practice, extensive fact and expert discovery, and protracted multiparty negotiations and mediation, ultimately resulting in the entry of a judicial consent decree.

Major Oil Company v. Zurich Insurance Company

After a major release of gasoline at an historic oil terminal, our client sought insurance coverage for cleanup costs. The insurer, Zurich Insurance Company, agreed to pay only 5% of cleanup costs asserting that the remaining 95% of costs were related to historic contamination. McRoberts & Roberts coordinated a team of environmental and forensic experts to distinguish historic releases and quantify costs related to the gasoline release. We then sent a pre-suit bad faith demand to Zurich with a comprehensive environmental forensics report and demand for mediation prior to the institution of litigation. As a result of the ensuing mediation, our client obtained coverage for in excess of $1 million in cleanup costs.

Cumberland Farms, Inc. v. George Hinrichs, et als.
Massachusetts Superior Court

Our client, Cumberland Farms, Inc. (CFI), owned a property located in Orleans, Massachusetts where solvent contamination was discovered in the groundwater. McRoberts & Roberts oversaw the investigation of the property during which it was determined that the contamination was migrating from an upgradient source. McRoberts & Roberts oversaw the filing of a downgradient property status pursuant to the Massachusetts Contingency Plan. Thereafter, we brought a cost recovery action against three responsible parties for recovery of all response costs incurred, diminution in value of the property, and to force additional assessment and remediation required at the property. As a result of these efforts, our client obtained payment for all property damage and indemnification for all future response costs.

Commonwealth of Massachusetts v. (Name Withheld)
Massachusetts Superior Court

The Commonwealth of Massachusetts alleged that our client had intentionally bypassed the water purification system at his metal plating company and dumped water containing hazardous substances into the sewer system in violation of the existing wastewater discharge permit. The Commonwealth brought both an administrative and criminal complaint against the client, seeking fines and incarceration. The case was settled at trial after complex negotiations resulted in a considerable reduction in penalties without incarceration and the renewal of the company’s wastewater discharge permits.

Commonwealth of Massachusetts v. (Name Withheld)

The Environmental Strike Force closed down our client’s gravel operations, claiming that the client had illegally received solid and hazardous waste in the gravel pit. The Strike Force ordered immediate removal of more than 600 truckloads of materials. The removal costs were anticipated to exceed $400,000 and the client also faced substantial civil and criminal penalties. By aggressively managing the situation, including developing a testing protocol to establish that no hazardous materials had been illegally disposed at the gravel pit, the client was able to dispose of the subject materials over a period of months in a landfill at no charge as daily cover. No criminal charges were brought and the client received a substantial reduction in civil penalties.

New England: Gasoline Contamination Discovered Upon Tenant’s Removal of Underground Tanks

Gasoline contamination was discovered in a service station on a mall pad site at the end of a major oil company’s lease. The major oil company performed only the minimum investigation required by state environmental regulators. McRoberts & Roberts was retained to expedite cleanup to render property marketable. Pre-suit mechanisms to prompt a quicker cleanup of the property were utilized but the major oil company refused to participate. Environmental contractors competitively bid and the mall owner took over the cleanup. The extent of the pollution was delineated and the source removed within four months of assuming responsibility for cleanup. Environmental insurance was obtained to cover the risk of migration off-site. McRoberts & Roberts then brought a cost recovery action for cleanup costs, economic losses and expert and attorneys fees, which was successfully mediated immediately before trial.

Southeastern United States: Solvent Contamination Discovered During Pre-Acquisition Investigation

After it was publicly announced that a mall was to be acquired by a city and turned into a library, solvents were discovered on the mall property as a result of previous dry cleaning operations. McRoberts & Roberts was hired by the owner to save the sale, clean up the release, and proceed with the announced opening date ten months later. McRoberts & Roberts contracted for emergency investigation and delineation of the contamination. We also negotiated with regulators to assume and control cleanup; obtained a competitively bid, fixed price, pay-for-performance contract for most aspects of the remediation; obtained a pollution legal liability and cost-cap environmental insurance policy to provide protection from risks not included in the fixed price cleanup contract; and retained local counsel to prosecute a cost recovery action against the dry cleaning chain.

As a result of our efforts, the property was sold and the library opened as scheduled. The cleanup of solvent contamination is nearing completion.