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MGKF attorneys and technical consultants advise clients ranging from individual heating oil tank owners and automotive service stations to large petroleum storage tank farms, chemical manufacturers, and refineries. We focus on the technical standards for siting, operation, and closure of storage tanks, along with the spill planning responsibilities that may be applicable under both state and federal law (such as the Spill Prevention, Control and Countermeasure plan requirements of the federal Clean Water Act, as amended by the Oil Pollution Act of 1990).

MGKF attorneys are aware of the unique issues that may arise in storage tank litigation, including determining the date of the release for which insurance coverage is sought, identifying and pursuing parties that may have responsibility for the release, and coordinating remedial activities with litigation objectives.
 

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  • Counseled the owner of an abandoned bulk petroleum storage facility on tank registration, closure, and related regulatory requirements for several large aboveground storage tanks to facilitate transfer of the property for redevelopment. Because of the firm's extensive negotiation with city and state agencies, a consent order and settlement agreement resulted allowing for conveyance and redevelopment of the site.
  • Assisted a bulk petroleum distribution facility in all aspects of storage tank regulatory compliance, including air emissions quantification and control, secondary containment, and other equipment-related provisions.
  • Represented a national retail client in the remediation and redevelopment of dozens of former gasoline stations into retail stores. We advised the client and its environmental consultants on storage tank closure and corrective action requirements in various states, strategized on achieving redevelopment goals as part of the tank cleanups, and reviewed reports and agency correspondence during the projects to help ensure successful completion.
  • Helped our clients address both the immediate and long-term issues that may arise as a result of storage tank releases, including agency release notification requirements, corrective action procedures, and state cleanup program
  • Defended clients in agency enforcement proceedings and represented both plaintiffs and defendants in private cost recovery actions involving claims under storage tank and other environmental statutes as well as common law.
  • Assisted clients in pursuing insurance funds for remediation of tank releases from both private insurers and state storage tank financial assurance funds.

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