Key Cases

Resolution With No Liability For VOC Contamination At A Shopping Center

Michael O. Nelson was the primary attorney representing former owners of a shopping center who were claimed to be responsible for VOC, volatile organic chemical contamination (PCE and TCE). Identification and pursuit of third parties responsible for the contamination resulted in no liability for our client at the site, no cost to our client and a fully insurance-funded cleanup.

Resolution With No Liabilities For Foundry

Michael O. Nelson was the primary attorney representing the owner of a foundry operation in Northern Indiana. Initially, the estimated cost of cleanup was in the several million dollars. However, after a scientific investigation and negotiation with a state environmental agency, the cleanup amount was reduced to a more manageable number. In concert with other attorneys, we were able to obtain funding for the remedy from insurance so that the remedy was completed at no cost to our clients.

$4.3 Million Cleanup Settlement for Contaminated Scrap Yards

A federal Judge approved a $4.3 million settlement agreement, ending three years of environmental litigation over cleanup costs for two Evansville sites contaminated with lead and PCBs. Michael O. Nelson was one of the primary attorneys representing the Evansville Greenway & Remediation Trust in its lawsuit against Southern Indiana Gas & Electric Company (SIGECO) and other responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Indiana’s Environmental Legal Action statute (ELA), seeking cleanup costs for polluted scrap yards. In 2011, the National Association of Environmental Professionals (NAEP) named a newly opened section of the Greenway as the winner of its National Environmental Excellence Award in the category of environmental stewardship. The settlement was made possible after the Court found SIGECO liable, but left for trial how cleanup costs would be apportioned among all responsible parties under the Supreme Court’s US v. Burlington Northern decision. The settlement made possible the clean-up and transformation of property as part of a planned 42-mile public greenway trail around Evansville.

Brownfields Redevelopment For City of Anderson

Michael O. Nelson represents the City of Anderson, Indiana regarding property owned by the City which requires remediation for brownfields redevelopment. We also have advised the City on environmental matters related to its management of a former landfill site.

Defense of the City of Whiting, Indiana

Michael O. Nelson is defending the City of Whiting, Indiana on a variety of environmental claims brought against the City regarding soil and groundwater contamination. These claims include addressing environmental demands by state agencies so that Brownfields redevelopment opportunities can move forward in the City of Whiting

Coverage for Environmental Claims against a Bankrupt Lumber Mill with Wood Treating Chemical Contamination

Representing any client with environmental problems is difficult. However, when the client is bankrupt, the challenges are multiplied. Michael O. Nelson worked for the United States Bankruptcy Trustee to resolve liabilities at a bankrupt lumber mill. Our attorneys performed an intensive insurance archeology effort, reviewing hundreds of thousands of stored documents to identify the available insurance resources of the client. With insurance in place, our attorneys identified the other major contributors to the contamination plus other parties who were likely to be interested in a resolution of contamination issues at the site. Mr. Nelson negotiated the insurance funding of an extensive remediation of the site.

Defense of the City of Plymouth, Indiana

Michael O. Nelson is defending the City of Plymouth, Indiana regarding environmental claims brought against the City regarding a contaminated piece of property purchased by the City. Although the City was not responsible for the polluting activity, action was still required. All investigation and remediation amounts are being funded at no expense to the client.