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The Misiorowski Law Group, LLC
Chicago Environmental Lawyers
Bulk Fuel Terminal Spill
Chemical Facility Fire Case
Complex Remediation Case
Toxic Gas Release Case
Chemical Storage Tank Rupture Case
Bulk Fuel Terminal Spill
Landfill Siting Appeal
A client of MLG, a transport tanker company, experienced an equipment failure on a fuel oil delivery hose during product transfer of high sulfur fuel oil at a bulk fuel terminal.  This accident occurred during the middle of winter, complicating emergency response and clean up efforts.  By the time the release was under control, approximately 1,000 gallons of a mixture of diesel fuel #1, diesel fuel #2 and a sulfur-rich oil spilled into the environment at the fuel depot.



These photos show the red dye of the product spill prior to emergency cleanup and remediation activities.


On the night of the release, MLG immediately employed its strategic Environmental Case Management Model to minimize liability and damages for the client. MLG orchestrated the immediate mobilization of professional environmental responders to commence cleanup efforts shortly after the release.  MLG partnered and negotiated with the local government to obtain vital supplies on an expedited basis to ensure remediation remained on track.  Because of the Firm’s immediate involvement and thorough response plan, the environmental and natural resource damage was contained to the fuel terminal property, and avoided off-site properties such as the neighboring wetland, highway or railroad crossing.
 
Despite the challenging mid-winter conditions, environmental cleanup was completed in a short period of time.  Understanding the business nature and likely history of fuel terminals in general, MLG retained an environmental forensics firm to analyze and compare samples of material known to be contaminated with the client’s fuel oil with other contamination found at the site.  Using chemical fingerprinting and degradation/age-dating techniques, this forensic analysis proved that only a small portion of soil contamination at the site was caused by MLG’s client.  Armed with this evidence, MLG convinced officials at the State EPA and the fuel facility that the client had successfully addressed all contamination caused by its actions.  MLG prevailed in convincing State officials that the remaining contamination was of a historical nature and not the responsibility of MLG’s client.

VALUE ADDED ACHIEVEMENTS:

  • Activated extensive network of emergency response professionals to begin cleanup within hours of event
  • Ensured no off-site claims or damage to neighboring property or natural resources
  • Ensured immediate and suitable environmental response actions taken
  • Partnered with local government to expedite environmental cleanup
  • Implemented contamination liability apportionment analysis, resulting in greatly reduced environmental cleanup costs and legal fees
  • Ensured no lawsuits or enforcement actions filed by any government entities
  • Ensured no lawsuits filed by any third parties
  • Limited financial exposure through prompt mitigation efforts
  • Completed entire project in approximately thirty days

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