Bankruptcy
The complex interplay between bankruptcy and environmental laws creates substantial risk for poorly advised parties, and many opportunities for those clients that are properly prepared. We have helped debtors, creditors and third-party purchasers maximize returns on environmentally distressed assets that have become entangled in bankruptcy. For debtors-in-possession, our services may involve negotiating unique resolutions or reduced fines for regulatory claims. With regard to creditors committees, our lawyers help negotiate and work out remediation obligations. For clients purchasing assets out of bankruptcy, our lawyers conduct the environmental due diligence, structure the financing, and manage the regulatory contacts and cleanup obligations that may follow.
Insurance Coverage
Robinson Bradshaw advises policyholders about insurance coverage issues and, when necessary, handles disputes with insurers. Our lawyers work with the client to negotiate and evaluate innovative insurance policies to cover environmental cleanup or unknown contamination. We assist clients, frequently in collaboration with the clients’ risk managers and insurance brokers, in identifying, negotiating and securing appropriate coverage, both in the ordinary course and in connection with significant transactions such as the sale or restructuring of a business.
Our litigators have substantial experience developing and proving “bad faith” and “unfair and deceptive trade practices” claims against insurers that unreasonably fail to provide a defense or insurance coverage to policyholders. Our firm has extensive experience in representing policyholders in large, complex declaratory judgment actions regarding commercial general liability insurance for asbestos, environmental and other product claims coverage disputes.
Litigation and Toxic Tort
Lawyers from the litigation and environmental teams often work together to evaluate claims, initiate suit and defend our clients. Together these teams use their experience to develop an efficient case strategy focused on the client’s needs and the facts of the case. The goal is always to minimize client risk, reduce costs and manage delays. Our lawyers have litigated cases of first impression as well as complex cases.
Our toxic tort lawyers have a particular expertise managing asbestos personal injury and mold claims nationwide.
The firm has represented clients in actions for cost recovery, damages, and injunctive relief, brought by the EPA or private parties. We have handled insurance coverage disputes and defended clients in criminal investigations and trials. We have recovered millions of dollars from insurers, government entities and private parties to resolve environmental liabilities, usually through negotiation rather than litigation. Where private or governmental litigation cannot be avoided, we focus on resolving matters early and inexpensively. We bring to this goal substantial experience developed in state and federal courtrooms and before administrative agencies. Our experience includes:
- Recovering cleanup costs from Potentially Responsible Parties (PRP) and state cleanup funds
- Representing PRP groups as common counsel in Superfund matters
- Forcing nearby property owners to clean up contaminated sites
- Convincing insurance companies to defend and cover environmental claims
- Guiding debtors, creditors and trustees through bankruptcy proceedings that involve environmental issues or asbestos liabilities
- Challenging alleged OSHA violations and non-compliance
- Defending citizen suits and EPA debarment proceedings
- Managing nationwide defense of asbestos and mold litigation
Superfund Cost Recovery
Robinson Bradshaw has extensive experience with Superfund. We have represented public entities and private parties, plaintiffs and defendants, in cost recovery actions. Our lawyers have acted as common counsel to groups of potentially responsible parties charged with having cleanup responsibility as arrangers for disposal of hazardous substances at third-party sites. In other instances, we have represented owners of contaminated sites. On occasion, we represent owners of adjacent land to which contamination has migrated.
In all these representations, we have developed comprehensive strategic approaches to complex technical and legal issues. Implementing that strategy often requires a combination of internal and external negotiations with a broad array of private and governmental parties. Internal negotiations may involve allocation or remedial issues. External negotiations may include defining the scope of site investigation and cleanup to be required by regulatory authorities; identifying parties that sent hazardous materials to the site; negotiating payment agreements between governmental and private parties; and addressing complex legal issues arising from recent changes to applicable law.