There is no such thing as a cookiecutter contaminated site. Every site is unique and every project presents unforeseen challenges. Because of this, Liskow’s considerable experience in the field is an enormous competitive advantage. There is no contamination situation we have not seen before — we have already effectively responded to the vast majority of issues that arise. Whether the client is a global oil company or an individual landowner, and whether the contamination is the results of a massive spill or the site of a former dry cleaning plant, we’ve been there, done that, and can do it again.
The risks include unforseen cleanup costs, hidden contamination, and environmental liability. In order to limit exposure and maximize gain, clients need counsel with a strong record of success in this field and an intimate knowledge of its complexities. In addition to our legal knowledge, the Liskow team also brings a strong technical knowledge base to our work – our team includes chemical engineers, geologists, civil engineers, and other forms of relevant expertise.
It’s what we know and who we know
Clients also benefit from our attorneys’ close professional relationships with key government officials at every level — local, state, and Federal. Many of our lawyers have worked in government and are involved with trade and nonprofit organizations that routinely interact with government officials. We maintain close ties with leaders of environmental agencies, municipalities, port authorities, community improvement organizations, advisory groups, state technical and legislative environmental committees, and key business associations.
These connections ensure our up-to-the-minute knowledge of relevant legislative or regulatory changes, access to high-level agency staff, and insight into the strategic approach that will best serve our clients’ interests.
Managing exposure with innovation
We are particularly skilled at devising innovative, dispositive solutions to remediation challenges, particularly from a business-oriented perspective. A client, for example, may be in the chain of title of a property, and liable financially without being responsible for handling the cleanup. This issue can be addressed by setting up a trust fund, making a pro rata contribution, and working with the regulatory agency to obtain approval. In other instances, risk-based closure or risk-based cleanup may be appropriate.
Turning unknowns into knowns
It’s regrettable fact of life that when contamination is at issue, it’s highly unlikely that regulatory issues are ever going to be permanently resolved. This is particularly the case in a regulatory environment that’s more litigious, in which lower and lower levels of contaminants are seen as harmful, and as science continually evolves. The Liskow team works to quantify possibilities, to minimize and fix risk, and to allow clients to make business decisions with as few unknowns as possible.