Matters
Superfund Appellate – U.S. Court of Appeals for the First Circuit
Lead appellate counsel in a consent decree challenge. After extensive negotiations subsequent to a successful remedy challenge in the United States District Court for the District of Rhode Island, obtained the entry of a Consent Decree implementing the remedy at the Centredale Manor Restoration Project Superfund Site. Several PRPs opposed the entry of the Consent Decree on three primary grounds: implementation of a remedy that was arbitrary and capricious; failure of the District Court to conduct meaningful judicial review; and the basis and amount of the contribution of the United States DOD in relation to its alleged contribution to contamination at the site. After coordinated briefing and argument with the US Department of Justice, the First Circuit affirmed the District Court’s entry of the Consent Decree in a reported opinion. Emhart Industries, Inc., et al. v. United States Department of the Air Force, et al.,988 F.3d 511 (1st Cir. 2021).
