Jason A. Flower

Superfund Negotiations Result in Successful Outcome With Sensible Remedies

• A Fortune 500 chemical manufacturer needed help negotiating with the government over landfill cleanups at two Superfund sites in Sauget, Illinois. In a complex process, Jason provided overall site strategy advice and counseling, including managing and participating in primary responsible party (PRP) groups, negotiating settlements and allocations, and assisting with technical submissions. The final result was sensible remedies that were pragmatic and feasible for the client and environmentally sound for the government. The negotiations are ongoing for the second site.

Environmental Remediation & Superfund

• Represented phosphate mining industry clients in ongoing discussions with EPA on groundwater remediation at elemental phosphorous manufacturing site in southeast Idaho.
• Represented Fortune 500 chemical manufacturing clients as plaintiffs in high-profile cost-recovery action regarding contamination in Anniston, Alabama. Defendants have incurred approximately $40 million addressing residential contamination.
• Represented plaintiffs in trial regarding contamination migrating off MEW site in Cape Girardeau, Missouri.
• Advised Fortune 500 chemical manufacturing client on steering committee for potentially responsible parties (PRP) group at former deep-well disposal facility in Texas City, Texas. United States' Record of Decision at the site chose the PRP group's preferred remedy, and the group negotiated a remedial design and remedial action consent decree. PRP group recovered more than $14 million from nonparticipating parties without filing a lawsuit.

Environmental Regulation Compliance

• Helped clients respond to and manage cleanup efforts and address potential risks related to groundwater and vapor intrusion at trichloroethylene sites, successfully minimizing business interruptions arising from environmental investigations and protecting client business interests.
• Coordinated successful strategy to persuade EPA to abandon proposed rule that would have required hardrock mining industry to secure $7 billion in financial assurance.
• Represented refining and chemical company in litigation over purchased facility's Clean Air Act compliance.
• Defended clients against alleged violations of Clean Water Act, including defining and implementing wetlands mitigation project.

Toxic Tort

• Defended oil refining company regarding alleged petroleum hydrocarbon contamination in Madison County, Illinois. Plaintiffs agreed to dismiss multiple personal injury cases because of lack of product exposure.