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Contaminated sediments present an inherently multidisciplinary challenge to entities in any way associated with the contamination or its remediation.  Identification of transport pathways, analysis of remedial alternatives, communications with regulators, and complex litigation can all be aspects of a single contaminated sediment site. 

MGKF has developed a significant depth of experience counseling clients involved with contaminated sediment sites.  We strive to put our technical expertise to the advantage of our clients in finding the most cost-effective solutions to contaminated sediment issues – whether those issues are in the context of remediation or litigation.  With our legal, technical and policy experience, we stand ready to handle even the most difficult issues that contaminated sediment sites can present.

Our work has encompassed all aspects of contaminated sediment management, including remedy selection and implementation at the state and federal levels, fate and transport modeling for use in both remedy selection and litigation, and negotiations of consent orders and judgments with federal and state regulators.  Contaminated sediment sites can also frequently spawn private-party cost-recovery litigation, and we have represented numerous clients in such matters including a multi-party dispute involving hundreds of parties.

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Our involvement in contaminated sediment sites has included representation of clients with respect to:

  • The Diamond Alkali Superfund Site, NJ (including both the Lower Passaic River and the Newark Bay Study Areas)
  • Gowanus Canal, NY
  • Buffalo River, NY
  • Newtown Creek, NY

In addition, MGKF represents a coalition of major municipal and industrial dischargers into the Delaware Estuary in matters involving the sediment of the estuary through surface water quality standards, Total Maximum Daily Loads for polychlorinated biphenyls, and related criteria established by three states, two EPA regions and the Delaware River Basin Commission.