RWCS attorneys are highly experienced in Superfund (CERCLA) or state mini-CERCLA act litigation, having been involved at numerous sites over the years, including:
- Commencement Bay/Nearshore Tideflats – Tacoma, Washington
- Zinc Corporation of America Facility – Bartlesville, Oklahoma
- Coastal Radiation Superfund Site - Louisiana
- Dresser Industries-Magcobar Mine Site, Arkansas
- Double Eagle Refinery Superfund Site – Oklahoma City, Oklahoma
- Hudson Refinery Superfund Site, Cushing, Oklahoma
- Hardage-Criner Site – McClain County, Oklahoma
Mark Coldiron is the original Superfund warrior. During 1988-1992, Coldiron represented 37 companies (PRPs) in the well-known Hardage Superfund case, which was DOJ’s first attempt to impose EPA’s choice of remedy at a Superfund site. Coldiron worked for nearly 3 years coordinating the experts for the Hardage case, which was tried and resulted in a verdict far below the expensive remedy sought by DOJ/EPA.
More recently, in May-June 2007, Mark Coldiron and Keith Klein tried a six-week Superfund/Model Toxics Control Act case in federal court in the State of Washington. The case, Arkema Inc. et al. v. Asarco Inc. et al., involved contribution claims by PRPs Arkema and General Metals for the costs of remediating certain areas of contaminated sediments at Puget Sound’s Commencement Bay/Nearshore Tideflats Superfund Site. The plaintiffs alleged liability for historical deposits of wood from a log sort yard. The trial lasted six weeks and involved the testimony of numerous fact and expert witnesses, including experts in PAH (polynuclear aromatic hydrocarbon) fingerprinting and CERCLA source identification. The Court’s unpublished opinion, which is attached, includes the important finding that wood is not a hazardous substance under CERCLA, although the degradation of wood in water may result in the generation of hazardous substances giving rise to liability.