Environmental Risk Management
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Hunsucker Goodstein & Nelson PC has unique, 360-degree expertise in this practice area. We represent both plaintiffs and defendants. Our attorneys are involved in the complete range of environmental matters, from representing individuals who have been exposed to hazardous substances, to representing clients with potential responsibilities in connection with regulatory, insurance coverage, contribution and indemnification issues. We also represent governmental entities and community interest groups.
The firm’s attorneys are experienced in all phases of environmental litigation, including state and federal procedure, trial practice, appeals and mediation. We utilize the most advanced methods of environmental risk management and risk shifting through the use of trusts, liability buy-outs, and targeted financial and insurance products to achieve clients’ goals. Our attorneys have first-hand knowledge of the regulatory policies and extensive experience with the scientific issues that these complex matters require. In addition to property owners and operators, we also represent secured creditors, special purpose trusts and governmental entities on these matters.
Our firm handles matters that involve claims by trustees for natural resource damages as well as cleanup. We have had success using both regulatory law and common law, including public nuisance, to address environmental issues.
Managing Environmental Risk
We work with individuals and corporations to responsibly manage their environmental liabilities throughout the process from cleanup to closure. Hunsucker Goodstein & Nelson PC uses the latest legal, scientific, financial and insurance tools to reduce and resolve such liabilities on a comprehensive basis. The firm’s attorneys have been very successful in limiting their clients’ liability exposure, while at the same time ensuring that contaminated properties are remediated in a manner that is both expeditious and effective.
Regulatory Issues and Litigation
The firm represents individuals and businesses faced with environmental litigation, toxic tort litigation and regulatory matters. Hunsucker Goodstein & Nelson PC attorneys have a wide range of experience dealing with corporations, local, state and federal regulators, trial and appellate courts, and citizen and public interest groups. We have handled cases involving many types of industrial and commercial operations, including metals processors, used oil processors, paper mills, fireworks manufacturers, military contractors making rockets, flares and munitions, industrial and retail dry cleaners, mining, asphalt production, petroleum refining and delivery, electricity generation, pipelines, wastewater treatment facilities, and landfills.
Insurance Coverage
Hunsucker Goodstein & Nelson PC represents policyholders seeking insurance coverage for environmental problems. Our attorneys have decades of experience in insurance coverage and bad faith claims related to environmental matters. To pursue the best possible results for clients, we draw on this depth of expertise and our long-term strategic relationships in the insurance coverage arena. Our attorneys have extensive experience in finding and using historic insurance policies to assist clients in addressing today environmental problems. We often serve as independent counsel (also called Cumis counsel after the Cumis case in California) to protect the policyholder who faces liability from government enforcement action or other environmental claim. In many instances, we can obtain the resources for the representation through the insurance policies. This allows the client to remain in control of how the matter is handled while we are paid by the insurers.
Public Interest Groups
Hunsucker Goodstein & Nelson PC attorneys have experience working with environmental and citizens groups on environmental and public health risks of national significance, including risks related to soil pollution and groundwater pollution, surface water pollution and air pollution from toxic chemicals such as PCBs (polychlorinated biphenols), perchlorate, coal tar wastes, solvents, volatile organic chemicals (VOCs), arsenic, lead, mercury, vinyl chloride and other hazardous substances in soil and water and harmful pollutants. We also handle matters related to noise pollution.
Toxic Exposure/Class Actions
Hunsucker Goodstein & Nelson PC represents individuals who have been exposed to hazardous substances or who have other environmental or public health related claims or property damage claims due to transport of pollutants to their properties from surrounding areas. Our attorneys have extensive experience in working with experts to trace the fate and transport of pollutants in the environment, including the latest data analysis and modeling techniques. These methods have proved very valuable in understanding environmental issues, identifying responsible parties and holding them accountable for cleanup costs, and in pursuing insurance coverage if available.
Working with Counsel for Government
Hunsucker Goodstein & Nelson PC works with counsel for governmental entities to address environmental issues, either on a comprehensive basis, or on a case-by-case basis. We handle litigation for governmental entities in the environmental area, as well as assist in the development of regulations and regulatory programs. Many of our attorneys have worked as environmental counsel at the U.S. Department of Justice and the U.S. Environmental Protection Agency. We have worked for the State of North Carolina, the District of Columbia and municipalities in Indiana and California. Even when we are not representing governments, our attorneys have been successful at maximizing the alignment of our clients’ interests with those of governmental components to achieve maximum effectiveness in representation.
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