Jaeckle Secures $2.5 Million Judgment in Superfund Case (State of NY vs. Solvent Chemical Company, Inc. et al 83-CV-1401-JTC)

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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.

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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.

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. Jaeckle Fleischmann mounted a successful defense to a counter claim asserted by Olin seeking to recover a portion of costs Olin incurred cleaning up Gill Creek, which runs through the area of the Olin, DuPont and Solvent facilities. Olin sought to recover over 2.2 million dollars from Solvent and ICC, but the Court, accepting the allocation proposed by Jaeckle Fleischmann, allocated just $8,041 to Solvent on Olin's Gill Creek claim and dismissed that claim against ICC. A case summary describing the details surrounding the trial and court ruling has been posted to http://www.jaeckle.com.

Jaeckle Fleischmann & Mugel, LLP is a full-service corporate law firm with more than 80 legal professionals. The Firm's clients include Fortune 500 companies, publicly and privately held businesses, financial institutions, governmental entities, and universities, as well as individual business owners. For more information, visit our website at http://www.jaeckle.com.

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Meghan McDonnell
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