Waste Disposal and Treatment

According to the Environmental Protection Agency, Americans generate approximately 254 million tons of trash a year. This waste, which eventually winds up in landfills, represents the third-largest source of human-related methane emissions in the U.S. Our attorneys are dedicated to helping those in the industry develop and manage waste disposal sites with an eye toward reducing risk and facilitating opportunities to capture and profit from landfill emissions

Our Environment and Energy Practice Group has deep experience in the niche area of landfills and treatment facilities. Our lead environmental Partner, Philip L. Comella, served as in-house counsel for seven years for a major waste management company, where he had responsibility for hazardous and solid waste issues arising across the country. In particular, our lawyers have wide-ranging and deep experience in solid and hazardous waste matters arising under the Resource Conservation and Recovery Act (RCRA), citizens’ suits, enforcement actions, permitting, and compliance. In this area, we represent generators, transporters, and fixed facilities on a myriad of legal issues arising under this statute and state counterparts to it.

Our track record of successful representation includes claims arising from improper waste disposal; faulty waste characterization; and closures of treatment, storage and disposal facilities. We also counsel clients in cases involving landfill odors, TENORM management; and unauthorized PCB treatment violations. Our legal team has defended clients against claims made by the U.S. DOT and state agencies regarding a variety of matters, including shipping documentation, packaging, labeling, and licensing.

We also have unique experience in aiding waste management and treatment companies in the area of landfill emissions. Our attorneys have represented landfill owners, developers, and end-users on all aspects of landfill gas projects, including contract drafting, negotiation, regulatory compliance, enforcement action defense, and litigation to enforce contract rights.