Stephen E. Fitzgerald

Environmental Compliance, Regulatory and Administrative Representation

Oil, gas, chemical and manufacturing clients on issues relating to operation and management of over 200 international and domestic environmentally impacted sites in more than 30 states, including Texas, California, New York, New Jersey, Washington, Louisiana, Oklahoma, Tennessee, Ohio, Indiana, Virginia and Pennsylvania.
Numerous administrative environmental enforcement and private party claims under federal and state environmental statutes, regulations and common law theories.
A $20 million federal response cost demand at one of the largest Superfund copper mining sites leading to two consent decrees involving the United States, federal potentially responsible parties, a federal corporation, and state and federal environmental agencies.
Served as common counsel between the New Jersey Department of Environmental Protection (NJDEP) and more than 50 defendants and third-party defendants in New Jersey Superfund Site litigation and alternative dispute resolution process and negotiate final consent decree with NJDEP on behalf all parties.
Acted as environmental crisis incident response counsel for multiple clients nationally and respond to acute environmental events releasing atmospheric, surface and subsurface hazardous substances.
Provided environmental compliance counseling to manufacturing clients related to waste disposition, self-reporting, occupational health and safety (OSHA), worker safety, Greenhouse gas emissions, recycling and sustainable operations.
Pursued claims against governmental entities as potentially responsible parties for historical environmental impacts at oil and gas, mining and chemical sites.
A client in response to a state agency inquiry regarding heavy metals simultaneously leaching into approximately 50 different streams across multiple states culminating in a voluntary removal response.
Client against administrative and third-party claims associated with the unintentional disposal of radioactive source materials.

Litigation

Interfaced with a client’s environmental, technical accounting, communications and treasury groups to manage and administer a $350 million environmental financial assurance program in 17 jurisdictions, including chief financial officer test letters and parent guarantees, environmental insurance, letters of credit, trusts and surety bonds.
Aerospace component manufacturers in multistate environmental enforcement actions.
Provided legal guidance relating to accrual of financial reserves, the ability to estimate losses and estimation of loss contingencies for use in support of public financial reporting and disclosure.
Negotiated natural resource damages liability release from federal and state trustees for a 20-mile river stretch with 125 years of industrial activity without incremental cost or penalty.
Energy transmission and storage client in CAA enforcement matter.
Negotiated clean-up action and liability release agreement with private equity firm specializing in natural resource development.
Client with regulatory and third-party damage claims at radioactive waste disposal site leaching groundwater into nearby waterway.
Clients at former petrochemical refining/production and retail sites with impacted soil, groundwater, and vapors where sensitive receptors are co-located or in close proximity.
Worked with a client to delist a large, impacted soil area from a Superfund site and reduce its size by 75% through a streamlined administrative procedure facilitating redevelopment.
Led group of de minimis hazardous substance contributors in allocation and settlement negotiations against large performing parties and EPA ultimately leading to a 70% settlement demand reduction.
Assisted client in developing RCRA waste disposition and reuse program for materials containing radioactive isotopes.
Evaluated energy clients’ portfolio of facilities/sites for greenhouse gas reporting requirements and sustainability/green remediation opportunities.
Counseled a mining client remediating chrome-impacted groundwater at a geotechnically sensitive former quarry within a floodplain.
Manufacturing clients on spill reporting at operating chemical facilities and pipeline clients on hydrocarbon release impacts to surface water.
Assisted a client in development and execution of its environmental self-audit and materials recycling programs.
Created, and negotiate with EPA, a novel RCRA Design Investigation/Focused Feasibility Study order to implement presumptive containment remedy.
Client on AEA and RCRA obligations for mixed high-level waste streams and mixed low-level waste streams.
Negotiated RCRA orders at former chemical manufacturing facilities in Delaware and West Virginia.
Clients on their U.S. and European obligations for long-term water treatment operations.
Served as lead counsel in $90 million indemnity litigation against the United States for recovery of environmental response costs.
Client in Superfund cost recovery case while successfully arguing motion for dismissal in Maryland federal court leading to dismissal of complaint and all claims against client.
Served as lead counsel in $10 million private cost recovery claim at a New York Superfund site utilizing contract, CERCLA, RCRA and common law defenses.
Beverage manufacturing client in Superfund RI/FS litigation in Puerto Rico.
Multinational energy client in three concurrent Superfund cost allocation and liability cases in the Northern, Eastern and Central Districts of California.
Litigated and served as trial co-counsel in Superfund contribution trial, 428 F. Supp. 2d 288, before the United States District Court for the Eastern District of Pennsylvania, resulting in favorable $1.5 million judgment, and defended the resulting Third Circuit appeal, 287 Fed. Appx. 171 (3d Cir. 2008).
Pursued litigation defense strategy allowing client to be dismissed from Indiana federal private party litigation at the pleadings stage using a successor liability defense.
Clients in federal and state environmental, toxic tort and land use litigation in Texas, New York, New Jersey, Maryland, Ohio, Puerto Rico, California, Washington, Pennsylvania, Indiana and Alabama.
Recovered $2 million for client in the Plastics Additives Antitrust Litigation (MDL) in the United States District Court for the Eastern District of Pennsylvania.
Planned, conducted and managed numerous internal investigation interviews of large multinational petrochemical corporation management and personnel, managed all MTBE class action discovery for same and led deposition of one of three representative individual plaintiffs.
Public client on allocation, site distribution, indemnity, guarantees, and representations and warranties in multibillion-dollar spin-off of a publicly listed energy company.
The environmental transactional points and lead environmental diligence for a multibillion-dollar electrical transmission and distribution assets swap.
Pre-cast concrete pipe manufacturer on environmental aspects of strategic acquisitions and dispositions of various manufacturing businesses.
Supported real property transactions by providing counsel on property access, land trusts, federal development, restrictive covenants and institutional controls, conservation easements, property subdivision and development bonds.
Performed transactional due diligence to identify environmental, social and governance (ESG) risks in acquisitions and financings, and developed mitigation strategies to limit ESG risks.
Developed and negotiated leasehold transaction documents for environmentally impacted real property to allow for surface development and reuse of contaminated property.
Large private equity fund on acquisitions and dispositions of various portfolio companies in the data storage and manufacturing sectors.
Environmental liabilities and disclosures for underwriters in secondary common stock offerings.
Drafted and negotiated environmental master services agreements, purchase orders, and contracts for environmental services.
A leading vehicle manufacturer on the environmental aspects of strategic development arrangements supporting innovation in hydrogen fuel cell electric vehicles and related fueling infrastructure.
Buyers in the acquisition of contaminated property and water treatment systems.
Enforced environmental indemnity agreement against the United States allowing a client to pursue development plans at or near environmental areas of concern.
Worked with exploration and production clients on allocation of environmental responsibilities at compressor stations, fractionators and inactive emergency relief pits.
Seller on environmental investigation procedures and environmental indemnity in $100 million inactive petrochemical plant disposition.
Counseled upstream client on a purchase and sale agreement, unit agreement, and unit operating agreement obligations at 20,000-acre operating oil and gas field.
Prepared reports to client’s environmental committee and board of directors.

Environment, Texas
Chambers USA
Leader in Environmental Law, Environmental Law and Litigation
Lawdragon Green 500
Lawdragon 500 Leading Environmental & Energy Lawyers
Nonprofit and Corporate Citizenship Award – In-Kind Services Supporter
D CEO Weekly