Michael S. Mostow, Partner

Success Stories

Recovering from a Chemical Plant Explosion

Our client experienced an explosion and fire at its chemical plant. We coordinated the root cause analysis, the corrective action requirements, and the environmental investigation and remediation. We also represented the client in the related lawsuit brought by the state, negotiated an early return to production, and negotiated a favorable settlement that included plant improvements and a more than 70% reduced penalty in lieu of the state’s original penalty demand.

Purchase and Redevelopment of Former Oil Refinery

After assisting our client with the environmental aspects of purchasing a 200+ acre former oil refinery, we have negotiated numerous agreements with the state agency to allow our client to close RCRA units and complete other requirements of the associated cleanup order at a pace and in a manner generally consistent with the site’s redevelopment. We also testified before the state commission considering draft asbestos regulations that would have significantly increased our client’s redevelopment and cleanup costs, resulting in revisions to the draft regulations that will save our client significant costs.

Environmental Insurance – Sale of Contaminated Property

As a condition precedent to closing the sale of its former industrial property, we negotiated the terms of pollution legal liability insurance protecting our client from claims arising from known soil, groundwater, and surface water (a river) contamination. The policy covers remediation triggered by the discovery of off-site contamination, third party cleanup claims, and third party bodily injury and property damage claims.

Environmental Insurance – Coverage without Known Conditions Exclusion

We negotiated environmental liability insurance for two sites, each of which has been in active metals manufacturing for over 75 years. The policy covers all governmental remediation claims and all third party bodily injury and property damage claims. Despite known and potential releases and, for one site, inclusion within a Superfund site, the policy does not have a known conditions exclusion.

Environmental Insurance – Excess of Indemnity

We negotiated an environmental liability policy protecting the seller and the purchaser of a former manufactured gas plant site from remediation, bodily injury, and property damage claims, including all claims that fall outside of, or for whatever reason are not covered by, the indemnity provided by the utility that operated the manufactured gas plant site (commonly referred to as “excess of indemnity coverage”).

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