future-focused

Practices

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.

Overview

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.

Notable Experience

  • Because a client had sent vessels to a bankrupt barge-cleaning operation, regulators targeted them for remediation costs. We were repeatedly asked to join a coalition of defendants, and negotiated a flat fee payment due to the leverage the client had with the group. Other parties were enmeshed in the process of prolonged, expensive, environmental testing and research on the site, and subject to escalating costs. We were able to negotiate a minimal, fixed fee for our client, limiting their exposure.
  • A contaminated site led to litigation from a neighboring landowner, in addition to ongoing regulatory involvement. We were eventually able to get the landowner’s suit dismissed on the grounds that the property owner purchased the site in a contaminated state. The rights at issue attached to the purchaser, not the land, and so could be managed in court relatively easily.

We are known for these strengths

  • Counseling clients on reporting requirements, strategy, and agency interaction
  • Helping clients delineate, evaluate, and estimate risks of contamination, determine optimal approaches towards addressing it, and securing agency approval
  • Conducting environmental due diligence and risk management, including agreements on cleanup, liability allocation, liability relief, and indemnifications
  • Advising on environmental liability insurance, including pollution legal liability and cost cap coverage
  • Conducting competitive bidding of environmental, demolition, and construction services, as well as environmental consulting firms and associated third-party experts
Significant environmental law issues tend to have a lot of site-specific factors that are unique and complicating. Of the many things that I appreciate about the Liskow & Lewis attorneys, one that stands out is how clever and insightful they are at building legal strategies for managing environmental liability and claims of regulatory non-compliance. They have worked directly on some of the largest cases in the Gulf Coast. They have worked to keep refineries and chemical plants in operation while allegations of non-compliance are resolved. And they are an enjoyable group of people with whom to work. I cannot say enough good things about Liskow & Lewis.
Best Lawyers Client Comment
Environmental Law, 2023

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