Groundwater
Groundwater practice requires that we address issues on behalf of our clients that include:
- Providing advice to client regarding what monitoring is required to ensure compliance with the regulations requiring groundwater monitoring
- Groundwater compliance activities and documents required by state and federal administrative laws and regulations
- Notifications and reporting related to groundwater impacts
- Unauthorized releases or discharges to the groundwater
- Defense of administrative or civil enforcement actions related to groundwater issued or instituted by state or federal administrative agencies
- Defense of civil actions by state and US departments of justice related to groundwater after referral of administrative enforcement actions by state or federal environmental agencies
Groundwater matters in which the firm has or attorneys with the firm have been involved include the following:
- Plaintiff attorney in a class action on behalf of plaintiffs where over 3,000 properties had been impacted by a five mile long plume of contaminated groundwater containing tetrachloroethylene.
- Defense attorney in a civil action on behalf of a real estate agent who sold property that allegedly contained soil contamination due to the activities of a prior owner.
- Defense attorney in two toxic tort suits, one a class action, on behalf of a chemical manufacturer for groundwater releases of chlorinated organic compounds that caused personal injuries to nearby residents.
- Defense attorney in a toxic tort suit on behalf of a commercial hazardous waste facility for air and groundwater releases from hazardous waste treatment and disposal operations.
- Defense attorney in a toxic tort suit on behalf of a Solid Waste Disposal Facility for alleged groundwater contamination that caused personal injuries and property damage to nearby residents.
Until the early 1970s, groundwater was believed to be naturally protected from contamination. The layers of soil, particles of sand, gravel, crushed rocks, and larger rocks were thought to function as filters, trapping contamination before they could reach the groundwater. Since then, every state in the nation has reported cases of contaminated groundwater and, in some instances, receiving widespread publicity. It is currently known that most contaminants can pass through all of these layers into the saturated zone to contaminate groundwater.
Substances that contaminate groundwater can be generally divided into two basic categories: substances that occur naturally and substances produced by man’s activities. Substances that occur naturally include minerals such as iron, magnesium, and selenium. Substances resulting from man’s activities include organic chemicals and hydrocarbons (e.g., solvents, pesticides, petroleum products); leachates from landfills (liquids that have dripped through the landfill and carry dissolved substances from the waste), containing such substances as heavy metals and organic compounds; salt; bacteria; and viruses. Most of today’s groundwater contamination problems originate with man’s activities and have been introduced into groundwater from a variety of sources.