Case Studies
J.S. Held Acquires Clark Seif Clark, Strengthening West Coast Capabilities for Environmental Claims, Disputes, and Catastrophe Response
Read MoreA major industrial enterprise faced a lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for its contribution to response costs associated with the alleged discharge and disposal of hazardous substances during its ownership and operation of an oil refinery in the 1940s.
J.S. Held experts conducted an environmental liability assessment that included historical research in industrial and government archives, including a review of records of the War Production Board, to recreate refinery operations, outputs, and waste-disposal practices during the client’s ownership and operation of the facility. Liability factors included the so-called “CERCLA petroleum exclusion,” which excludes petroleum, including crude oil and any fraction thereof, from the definition of a hazardous substance. This focused the liability assessment on reusing, recycling, and regenerating ancillary items, such as tetraethyl lead, dimerization and cracking catalysts, and “sweetening” (desulfurizing) waste and residues.
Through detailed historical research and analysis, J.S. Held consultants wrote an expert report that challenged the plaintiff’s assertion that the client had disposed of hazardous substances at the refinery and was therefore a “covered person” under CERLCA. Based on the expert report's strength, including refinery knowledge, historical research, and regulatory experience, the client negotiated a favorable settlement.
> Environmental Risk and Compliance
Our team provides expert advice in the identification and mitigation of risk in environmental matters and develops solutions to deliver ongoing EHS regulatory compliance and independent monitoring.
> Environmental Investigation and Remediation Services
We deliver turnkey environmental investigation and remediation services that address environmental risk and cleanup from initial assessment through regulatory closure.
> Environmental, Health, and Safety
J.S. Held provides environmental, health, and safety consulting and expert services spanning environmental damage and remediation, environmental due diligence, energy transition, toxicology and epidemiology, industrial hygiene, product stewardship and product liability, and human health and safety.
