Representative Matters

Our waste treatment, recycling, and disposal services experience includes:

  • Representing one of the major owners and operators of municipal waste combustors in the United States in matters that spanned from defending enforcement actions brought by federal and state environmental authorities alleging air, water, and waste violations to permit appeals, agency policy development, and actions brought by citizen groups.
  • Successfully obtaining site assignments and environmental permits for thousands of tons of solid waste per day on infrastructure construction projects involving landfills, municipal waste combustion facilities, transfer stations, and recycling facilities.
  • Handling all legal aspects of permitting and operation, remediation of inactive cells, and management of historic liabilities at a large sanitary landfill facility in New York, also acting as transaction counsel in successfully negotiating the purchase and sale agreement of the facility and assisting the new owner in its efforts to substantially expand the landfill.
  • Bringing actions and filed amicus briefs before the federal Surface Transportation Board and federal courts challenging attempts to build solid waste facilities using a federal rail statute that contains a preemption from state and local environmental permitting requirements on behalf of a broad coalition of public sector and private sector solid waste trade associations and waste management companies.
  • Performing environmental due diligence reviews on the assets of numerous waste management companies and facilities for prospective buyers.
  • Representing a biosolids management company on environmental matters related to waste management and land application in numerous U.S. jurisdictions and successfully defending the company against efforts by municipalities to impose local controls that were not based on solid science.
  • Advising multiple clients on the public bidding of waste infrastructure projects and negotiating teaming agreements and design/build/operate contracts for solid waste facilities.
  • Defending Seneca Meadows, Inc. (SMI), a subsidiary of Waste Connections, Inc., in a purported class action lawsuit filed in New York State Supreme Court, Seneca County in November 2016 regarding nuisance and negligence claims associated with odors allegedly emanating from the landfill.
  • Representing a waste management company in a suit challenging efforts by Alameda County Waste Management Authority (the Authority) to compel the company to disclose the identity of Alameda County waste haulers disposing of wastes generated in Alameda County at landfills operated by the company that are outside the county.