CERCLA & State Equivalent Programs

The Davis Graham & Stubbs LLP Environmental and Public Lands Practice Group comprises a diverse team of experienced professionals who bring a wealth of experience and a proven track record to the complex realm of environmental law.

Our practice group, consisting of over twenty specialized attorneys, collectively boasts decades of experience ranging from a few years to over 30 years. This extensive tenure equips us with a comprehensive understanding of the intricate landscapes within environmental law. We pride ourselves on staying ahead of evolving regulations, ensuring our clients receive counsel rooted in current legal frameworks.

We recognize that each environmental case is unique. We approach every challenge with a client-centric focus, tailoring our strategies to align with the specific needs and goals of our clients. Whether it's permitting, compliance, or litigation, we will deliver practical and effective solutions that stand up to legal scrutiny.

Our portfolio is not confined to a specific sector. Rather, it spans a broad spectrum of industries. We've successfully represented clients in energy (including both the fossil fuels and renewable sectors), mining, manufacturing, real estate, and more. Our ability to adapt and apply our expertise across diverse sectors underscores our versatility and the trust our clients place in us.

Over the years, our Environmental and Public Lands Practice Group has earned a reputation for achieving favorable outcomes. Clients turn to us not just for our legal acumen but also for our commitment to transparency, accessibility, and clear communication. We understand the importance of keeping our clients informed and empowered throughout the legal process.

CLERCA & State Equivalent Programs

Navigating the intricacies of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the Superfund law, demands a legal team with precise knowledge and a proven track record. Our team of CERCLA specialists brings unparalleled expertise to the table, ensuring clients receive adept counsel on CERCLA and equivalent state law programs.

Our seasoned attorneys have a deep understanding of CERCLA and its complex set of implementing regulations. This knowledge is not just theoretical; it’s grounded in years of hands-on experience successfully guiding clients through the challenges posed by contaminated sites. Besides our mastery of CERCLA, we understand the intricacies of state law programs that parallel the federal statute. Whether it’s Colorado’s Hazardous Waste Management Act or an equivalent program in another state, our attorneys are well-versed in the nuances that can significantly affect the trajectory of a case.

CERCLA cases often involve multifaceted issues, from identifying potentially responsible parties (PRPs) to crafting effective remediation strategies to defending against government and private party actions. Our lawyers have litigated numerous cost recovery cases, enforcement actions, natural resource damages (NRD) cases, and private party contribution cases, where we often team with other seasoned litigators from the firm’s trial group. We also provide remedial oversight at CERCLA Superfund and state-led sites across the country. Our clients have relied on us to ensure that their environmental response actions are consistent with the requirements of the National Contingency Plan (NCP), to challenge the adequacy of other parties’ response actions, and to review and comment on governmental response actions.

Our team excels in strategic problem-solving, devising tailored approaches that minimize liabilities and protect our clients’ interests. We’ve successfully resolved cases involving hazardous waste, spills, and other environmental hazards, demonstrating our proficiency in applying the nuances of CERCLA to real-world scenarios. We are adept at government negotiations, having engaged with EPA and state agencies on CERCLA consent decrees, administrative orders, penalty demands, and other enforcement matters. And we have achieved tremendous trial and appellate court successes for our clients at the state and federal levels.

Our proactive approach extends beyond dispute resolution. We work closely with clients to establish comprehensive compliance frameworks, helping them navigate the intricate web of regulations to avoid potential liabilities. This preventive mindset is a testament to our commitment to safeguarding our client’s interests from the outset.

We recognize the unique challenges each client faces and tailor our strategies accordingly. Whether you’re a responsible party seeking to minimize liabilities or a landowner grappling with potential contamination issues, our team is committed to providing clear, actionable guidance.