Mr. Bibler teams with clients to devise and implement creative strategies for addressing and resolving environmental risks. He represents clients in courts and before agencies in licensing and enforcement proceedings, cost recovery and contribution actions, and suits for equitable and monetary relief. He works with clients and their advisors to identify, evaluate and appropriately allocate environmental risks in major corporate and real estate transactions. At sites throughout the country, he helps create, negotiate and implement cost-effective plans for clean-up and redevelopment of contaminated sites.
Recent work with clients in these areas includes:
- Negotiation of administrative orders and permit amendments to resolve multi-state EPA enforcement proceeding under the new source review provisions of the Clean Air Act and applicable State Implementation Plans
- Management of vapor intrusion and indoor air quality investigations and response actions at multiple major federal and state sites
- Leadership role in administrative process for amending Massachusetts regulations and guidance to address vapor intrusion, source control, and non-aqueous phase liquids
- Defense of multi-site enforcement investigation regarding compliance with conditional declassification and beneficial use determinations for management of solid waste
- Internal investigations and defense of administrative, civil and criminal enforcement actions arising under state and federal environmental laws regulating wastewater permitting and discharges, discharges to surface waters, air emissions, nuclear materials, hazardous and solid waste, and release reporting
- Oversight of insurance coverage suits for reimbursement of defense and indemnity costs at multi-property hazardous waste disposal sites
- Pro bono representation in connection with nutrient load management associated with storm water and other discharges to Massachusetts estuaries
- Cost allocation litigation and negotiations to resolve federal and state claims for oversight and clean-up costs at contaminated sites
- Defense of personal injury, property damage, and Price Anderson claims relating to groundwater, drinking water, indoor air and soil contamination in multiple jurisdictions.