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Jaeckle Secures $5 Million for ICC in Settlements & Judgment of Superfund Case

Release Date: February 03, 2010


Jaeckle Fleischmann's Environmental practice group recently secured a court order for payments totaling over $2.5 million in the successful representation of Solvent Chemical Company and its parent company ICC Industries, Inc. in a Superfund case.   The court order was in addition to prior settlements of $2.6 million in the case.
 
To read the rest of the case summary, please click here. 
 

Chip Grieco, Brenda Joyce and
Dennis Harkawik at cleanup site.

Photo courtesy of Marie Benevento

In one of the most complex Superfund matters to be tried in New York State, Jaeckle first assisted Solvent and its parent company ICC in negotiating 1997 consent decrees to settle litigation commenced by the State under the Comprehensive Environmental Response, Compensation & Liability Act ('CERCLA"). The decrees required implementation of an environmental cleanup at Solvent's former chemical facility in Niagara Falls, New York and ICC's separate decree guaranteed its subsidiary company's performance. Construction of the remedy at the site, which was paid for by Solvent Chemical at a cost of $9 million, was completed in 2003. Operation and maintenance of the groundwater pump and treatment system will continue for the foreseeable future.  
 
During the cleanup, Jaeckle attorneys pursued third-party complaints against over sixty parties, including former owners, operators and waste generators who sent hazardous substances to the site. In implementing the site cleanup, Solvent found itself unavoidably having to address contamination migrating to the site from adjoining facilities operated by DuPont and Olin, who were added to the litigation. After entering into settlements totaling over $2.6 million with all parties, except DuPont and Olin, Jaeckle attorneys tried the case before United States District Court Judge John T. Curtin in a six-week trial in the Fall of 2007.  
 
The Jaeckle environmental team has prepared a case summary describing the details surrounding the trial and court ruling.      
 

For more information regarding the case please contact Dennis P. Harkawik at 716.843.3848 or dharkawik@jaeckle.com.

This Jaeckle Alert, prepared by the attorneys at Jaeckle Fleischmann & Mugel, LLP, is intended for general information purposes only and should not be considered legal advice or an opinion on specific facts. For more information on these issues, contact one of the attorneys listed above or your existing Firm contact. Prior results do not guarantee a similar outcome. The invitation to contact is not a solicitation for legal work in any jurisdiction in which the contacted attorney is not admitted to practice. Any attorney/client relationship must be confirmed in writing.
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