IMMEDIATE EMERGENCY RESPONSE ASSISTANCE
Attorneys with The Misiorowski Law Group, LLC have helped clients with environmental spills or releases across the country. Legal issues invariably arise following an environmental event. In some cases, the federal and/or state government shows up while emergency response personnel are still on scene. In other cases, the government makes an inquiry about the event weeks later. Many environmental events cause harm to employees, contractors, visitors, neighbors, or other members of the community. Nearby businesses are frequently shut down for a period of hours or, in some cases, days, while a dangerous environmental situation is resolved. All these situations lead to a need for legal counsel who will represent your company's interests and fight for the best possible outcome.
The attorneys at this firm have been involved with claims and suits brought by both State and federal regulators as well as various third-party groups and individuals. This firm has broad experience with CERCLA, RCRA, TSCA, FIFRA, EPCRA, Clean Air Act, and Clean Water Act regulations. Over the years, the attorneys have achieved success after success for their clients, using their background in government and their network of technical experts to develop and implement defense plans which resolve contamination issues, mitigate damages, address third-party damages, and typically result in minimal fines and penalties from the government.Mark Misiorowski has over 25 years of experience in environmental law which he uses to support the client's goals and objectives in any environmental event. Several years ago, Mark developed a case management protocol which he uses as the framework for any defense plan following an environmental event. This protocol has one goal in mind: preserve the financial resources of the client through the use of proactive measures to reduce claims from the government or injured third parties. Past experience shows that early application of this protocol achieves this result for clients.
The Misiorowski Law Group, LLC can help your business following an environmental event, using some or all of the services below:- Emergency Response to a Chemical Spill or Release, including: contract negotiations with emergency cleanup contractors and environmental engineers, site access agreements with private parties, media relations, government permits to close or detour roads during cleanup and/or remediation, permit variance at local landfill for disposal of certain waste products, development of cost effective waste disposal methods such as onsite treatment options, analysis of legal liability for offsite disposal of waste product, analysis of insurance coverage for the event and subsequent cleanup, remediation, legal and related expenses, and responses to official government inquiries or suits;
- Response to a government inquiry, Notice of Violation, or other Investigation: assist client to develop written responses to government inquiries or discovery, work
with government officials and technical experts to assess the level of contamination resulting from the environmental event and to determine the
appropriate clean up standards to be applied to the client's particular event, prepare Compliance Commitment Agreements or such remediation and compliance plans for State officials, protect client's legal rights against self-incrimination;
- Work with technical experts to develop a remediation plan which will facilitate government
clearance of the site, resulting in a Return to Compliance letter or No Further Remediation letter for the site, removing any lingering barriers to future sale or redevelopment of the property; and/or,
- Identify and assess any
third-parties who may have potential claims, including personal injury, business interruption, lost wages, and other such actions, and develop a strategy for
addressing these potential claims before law suits might be filed.
In some instances, clients prefer to wait for claims to be made or suits to be filed before engaging legal counsel. In these cases, preemptive options are not available to contain costs through the avoidance of litigation. However, cost containment can be achieved by the development of a defense plan which cohesively addresses the various current and potential claims the client might face. The Misiorowski Law Group, LLC can put its extensive experience to work to develop such a plan and, in consultation with the client and its insurer if appropriate, the plan for claim management can be implemented.
For a specific consultation about your company's legal issues in the aftermath of an environmental event, please contact The Misiorowski Law Group, LLC.
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