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TULSA
320 South Boston Ave. Ste 500
Tulsa, Oklahoma 74103-3725
Phone: 918-582-1211

OKLAHOMA CITY
201 Robert S. Kerr Ave., Ste 700
Oklahoma City, OK 73102-4203
Phone: 405-319-3500

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Environmental

Our firm is one of the oldest in Oklahoma, dating back to pre-statehood The Environmental attorneys at Doerner, Saunders, Daniel & Anderson, L.L.P. have individually or collectively represented clients for over 30 years in matters arising under the Clean Water Act, Clean Air Act, Superfund (including Natural Resources Damages), the Resource Conservation and Recovery Act, Safe Drinking Water Act, SARA, and the Toxic Substances Control Act. We are also experienced in laws which are applicable to public entities and/or their permittees, such as the National Environmental Policy Act, the National Historic Preservation Act, and the Archaeological Resources Protection Act.

The Firm's Environmental Law Department has wide experience in both regulatory and litigation matters. With respect to Superfund and toxic tort cases, we have served as liaison counsel and co-lead counsel for certain defendants in federal court litigation filed in connection with the Sand Springs Petrochemical Complex Superfund Site ("Site"). Additionally, our attorneys have represented clients who have received EPA order issued pursuant to §106 of the Superfund statutes for immediate removal of certain hazardous materials from the surface of the superfund sites. Our firm handles the lawsuit against other parties for contribution under Superfund growing out of one of the §106 order issued in connection with the Sand Springs Petrochemical Superfund site, which is believed to be the first such suit litigated in this jurisdiction and one of the first nationwide.

We have also served as lead counsel for several Fortune 500 companies alleged to be de minimis contributors of waste to the Hardage Superfund Site, and were instrumental in negotiating a de minimis settlement with the Justice Department and Washington EPA officials representing the USA. This settlement generated over $10 million in settlement funds in the Hardage litigation, and is believed to be one of the largest judicially approved de minimis settlements in the nation at the time. We also represent several municipalities in connection with various permitting and administrative agency enforcement actions involving the major environmental statutory provisions.

We have in the past and are currently representing clients in the defense and/or negotiation of administrative orders and fines regarding alleged violations of the Clear Air Act and the Clean Water Act, including fines associated with a fish kill. We have had direct experience in opposing and negotiating reductions in proposed administrative penalty orders assessing fines levied by EPA.

One of our attorneys is a registered professional engineer, who is the firm's primary contact on Clean Air Act matters. We also have an environmental attorney who holds a PhD in environmental science.

Additionally, our firm has considerable experience in the area of environmental litigation. Our environmental attorneys have collectively over 40 years of experience in environmental litigation, dating back to 1975. Our litigation experience extends to lawsuits, as well as administrative and permitting proceedings under the Clean Water Act, Superfund, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, and the Safe Drinking Water Act.

We have been the primary legal advisors for a public trust authority, which owns and operates the largest industrial park in Oklahoma, and which operates a water treatment and wastewater discharge system. We also have vast experience in hazardous waste cleanup projects, and have been one of few firms which has successfully permitted a landfill in Oklahoma in the last decade.

Our firm was designated defendants' lead trial counsel in a complex case involving breach of contract claims based upon alleged violations of environmental laws and regulations governing carbon black plants. This case involved alleged violations of environmental laws of the United States, Germany and Italy. The defendants were represented by three law firms in the litigation, and required the services of more than thirty (30) attorneys.

In addition to the foregoing, our firm has had experience with citizens' suits resulting from alleged violations of limitations on sulphur dioxide and particulate emissions. We were lead counsel in this suit filed in 1977 by more than 350 plaintiffs, which resulted in favorable structured settlement with those parties. We have also been involved in permitting of injection wells, preparation of site closure plans, and permitting a land reclamation facility for the disposal of solid waste residues. Additionally, the firm handled the defense of approximately forty (40) toxic tort cases filed by individuals and a class action (with more than 2,000 potential class members) in connection with damages allegedly resulting from exposure to polychlorinated biphenyls ("PCBs").

We have been involved representing one of the potentially responsible parties in the cleanup of a portion of the City of Bartlesville, Oklahoma under Superfund and Oklahoma state law, known as the "National Zinc Site." This is an EPA pilot project for state delegation of cleanup under the EPA "Superfund Accelerated Cleanup Model." We are also involved on behalf of the same client in the zinc refinery facility corrective action in Bartlesville under the Resource Recovery and Conservation Act. Additionally, we are representing a potentially responsible party in an enforcement proceeding initiated by the Kansas Department of Health and Environment under Superfund and Kansas state law at a former smelter site in Cherryvale, Kansas.

One of our environmental lawyers has served as an administrative law judge at the request of the Oklahoma Department of Environmental Quality with respect to a permit denial on an injection well.

In conclusion, we believe our extensive experience in advising clients with regard to compliance with environmental laws and regulations, together with our extensive litigation experience (both at the agency and federal court level) will enable our firm to assist clients effectively and without exposure to excessive legal costs.

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