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Practices » Redevelopment & Contaminated Property Remediation
Whether helping to establish a Municipal Setting Designation ("MSD"), counseling clients on regulatory requirements, or negotiating with regulatory agencies, our attorneys are experienced at representing clients on "brownfields" site redevelopment projects.
Our attorneys have a particular interest in brownfield land redevelopment. Keith Hopson served as the author for the Texas chapter of Brownfields Law & Practice (Matthew Bender) for 2002-2008 and Danny Worrell currently serves in that capacity.
Our advice on the rapidly changing laws that allocate responsibility and cost for cleanup includes guidance on remediating properties under the Texas Voluntary Cleanup Program ("VCP").
Of particular interest to some of our clients, Texas law authorizes Municipal Setting Designations ("MSD") as a mechanism for allowing a landowner to limit or avoid conducting a cleanup of contaminated groundwater to stringent health-based limits, by achieving the normally challenging task of securing municipal ordinance restrictions on groundwater use.
On behalf of one of our manufacturing clients, Keith Hopson worked with the City of Greenville, Texas, to draft an ordinance that would protect the public health while allowing redevelopment of a site that had been in remediation for almost 20 years. As a result, we secured the first MSD ever granted by Greenville and obtained a subsequent MSD certificate from the TCEQ.
Superfund
The Comprehensive Environmental Response Compensation & Liability Act ("CERCLA"), commonly known as "Superfund" and Texas' counterpart under the Texas Solid Waste Disposal Act authorize the EPA and the TCEQ to require responsible parties to clean up sites contaminated with hazardous substances.
Our attorneys are well-versed in state and federal Superfund and have represented clients in a number of cases involving both the EPA and the TCEQ.
- Representing Fortune 100 company on Arkansas municipal waste-to-energy warehouse site.
- Representing Fortune 500 company on Spector state Superfund site.
- Represented four different clients in settling claims associated with federal Superfund litigation involving former tin smelter.