Baker & Daniels represents clients in actions by citizen groups under environmental and common law. Our professionals have experience in cases where citizen groups allege that our clients discharge pollutants into the air or a sewer, river or stream in amounts exceeding limits in their permit.
Superfund cost recovery litigation has become less frequent as parties recognize that they are able to allocate respective shares as "fairly" as the courts or an arbitration proceeding, but Baker & Daniels lawyers have extensive experience representing various industrial clients in discussions on "fair share" when the toxicity level and migration of the wastes is vastly different from one party to the next in a complex landfill situation.
Today's environmental litigation is often centered on sharing of cleanup costs in a non-Superfund setting, whether it is under an asset purchase agreement indemnity clause or the discovery of contamination that was not addressed in a prior sale of the real estate.