Release Date: June 26, 2012
BUFFALO, NEW YORK — Jaeckle Fleischmann & Mugel, LLP, a full service corporate law firm is pleased to announce that the environmental attorney team of Dennis Harkawik and Charles Grieco have successfully recovered additional cleanup costs from responsible parties under the federal Superfund law for a site formerly owned by its client, Solvent Chemical Company, Inc. (Solvent) located in Niagara Falls, New York. The court adopted Solvent's position in its entirety in a federal Western District of New York decision issued on May 16, 2012. This recent recovery adds $5 million to the amount recovered, which now totals nearly $10 million in cleanup costs that Harkawik and Grieco have recovered from a large pool of responsible parties on behalf of Solvent. Importantly, the May 16th decision also shifts approximately 70% of all future cleanup costs to two remaining defendants who are yet to settle. Prior to the decision Solvent was responsible for nearly 100% of the cleanup costs. The state-approved cleanup agreement covering the pumping and treatment of contaminated groundwater at the Niagara Falls site will continue to operate for many years, and the shift in future cleanup liability is projected to save Solvent millions of dollars. A full case summary recapping the court rulings preceding the May 16th ruling can be found at www.jaeckle.com/EnvCaseSummary.Dennis P. Harkawik is a partner in the Firm's Environmental and Economic & Land Development practice group. For over 30 years, Mr. Harkawik has practiced environmental law and brings significant experience in complex environmental matters including environmental litigation, permitting and enforcement proceedings before federal, state and local regulatory agencies and courts.