Representative Matters
- Two consolidated Toxic tort and Nuisance actions filed by residents of communities surrounding a wastewater treatment plant, one of which requests the certification of a class. Plaintiffs claimed over $600 million dollars in damages as a result of alleged noxious odors claimed to be generated by the wastewater treatment plant over a period of many years. We represented a group of companies that discharged into the wastewater treatment plant.
- Served as local counsel and members of a joint defense group for various petroleum companies involved in the methyl tert butyl ether (MTBE) multidistrict litigation. The Commonwealth of Puerto Rico, acting in various capacities, has filed this lawsuit against various petroleum companies, alleging damages to natural resources.
- Successfully represented petroleum company defendants in a tort claim filed by property owners and community organizations.
- Served as lead counsel in a Resource Conservation and Recovery Act section 7003 action filed by the Environmental Protection Agency against an airport and its fuel providers and distributors. The case resulted in the issuance of an Administrative Order on Consent which is being implemented on an ongoing basis by the defendants and is currently in an advanced stage of investigation. Our Practice Group represents a petroleum company.
- Served as lead counsel to prospective purchasers of an energy cogeneration facility.
- Successful representation of a real estate development company through the administrative proceedings and multiple appeal stages of a dispute regarding a project's approved development densities. Our Group evaluated over thirty years of administrative decisions on project development and managed all legal procedures.
- Provided legal counsel to various investment corporations purchasing various public housing complexes throughout the island. Our Practice Group provided legal advice on all land use matters, evaluated ALTA Surveys for legal sufficiency, drafted contract language, and gave legal opinions on an assortment of legal issues related to this multi-million dollar purchase agreement.
- Evaluated and assisted in the filing of various appeals and protests to the Federal Emergency Management Agency's proposed Flood Insurance Rate Maps. The proposed flood maps modified the flood zone designations and base flood elevations and affected the development potential of our client's property. We evaluated the technical and legal basis for challenging the proposed flood maps and obtained a modified flood zone designation to protect our client's interests.
- Represented a developer in several appeals from state agency decisions concerning the Environmental Impact Statement and pre-construction permits for a hotel and resort. The litigation ultimately resulted in a showdown before the Supreme Court of Puerto Rico.
- Civil action against the operator of a quarry bordering a pharmaceutical facility in connection with illegal dust emissions and a geologically unstable limestone hill caused by quarrying operations at the site. After a hearing, we obtained an injunction against the quarry operators on behalf of our client.
- Toxic tort action filed by the owners of a property allegedly contaminated by contaminated storm waters and superficial fuel releases originating from a gas station. The litigation also involved a parallel administrative enforcement action initiated by the Environmental Quality Board ("EQB") in connection with alleged violations to the agency's UST regulations. We represented an oil company.
- Administrative enforcement action initiated by the EQB against a filter membrane manufacturer. The agency sought more than $90 million in administrative fines for alleged mishandling of filter membrane wastes which the EQB considered to be a hazardous waste due to the ignitability characteristic. EQB's action was the direct result of a lawsuit filed by the owner of an incinerator that was destroyed by a fire allegedly caused by the filter membrane wastes. We represented the filter membrane manufacturer in both the administrative enforcement action and in the state court litigation.
- Civil action initiated by the Commonwealth of Puerto Rico in connection with an oil spill at a metropolitan area hospital. A United States Coast Guard investigation preceded the litigation. The government demanded $2 million dollars in damages and the restoration of natural resources affected by the spill. We represented the defendant, an oil company.
- Civil cost recovery and contribution action filed pursuant to the Comprehensive Environmental Response Compensation and Liability Act against twenty-seven (27) defendants concerning the $20 million dollar remediation of an old Juncos landfill. The litigation also involved separate administrative proceedings related to two unilateral administrative orders by the Environmental Protection Agency ("EPA"). Under a common defense agreement, we represented several companies that allegedly disposed of hazardous substances at the old Juncos landfill. We handled both the litigation in federal court and the administrative proceedings before EPA.
- Citizen suit under the Clean Water Act involving alleged violations to a National Pollutant Discharge Elimination System permit. We represented one of the tuna canneries which discharged into the wastewater treatment plant.
