Summary Judgment Resolution with No Liability for PCB
Contamination in the Lower Fox River

The U.S. District Court for the Eastern District of Wisconsin (J. Griesbach) granted summary judgment in favor of the defendants in a cost recovery contribution action under the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") for polychlorinated biphenyl ("PCB") contamination of the Lower Fox River where response costs and damages are estimated to be $1.5 billion.  The cleanup of the Lower Fox River site is the largest PCB cleanup in the United States.  Hunsucker Goodstein & Nelson PC represent a paperboard manufacturer that was named as a defendant in the case.  Working with counsel for other defendants, Hunsucker Goodstein & Nelson successfully obtained summary judgment in favor of our client, showing that the plaintiffs who were PRPs and also manufactured PCB-containing carbonless copy paper were not entitled to monetary contribution from the defendant paper mills who merely recycled the plaintiffs' paper.  The plaintiffs' claims were dismissed on summary judgment, just before trial was scheduled to begin.  Philip C. Hunsucker and David A. Rabbino were lead attorneys on the case. Read the Decision

Resolution With No Liability For VOC Contamination At A Shopping Center
Hunsucker Goodstein & Nelson PC represented former owners of a shopping center who were claimed to be responsible for VOC, volatile organic chemical contamination (PCE and TCE). Identification and pursuit of third parties responsible for the contamination, resulted in no liability for our client at the site, no cost to our client and a fully insurance-funded cleanup.

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Environmental Contamination Case Involving Extensive
VOC and Rocket Fuel Contamination
Hunsucker Goodstein & Nelson PC represents clients allegedly liable, along with other parties, for a $250 million cleanup of a large contamination plume of volatile organic chemicals (PCE, TCE, TCA and others) and rocket fuel components (perchlorate and NMDA). Using only insurance funds obtained by our attorneys, and no client funds, we have defended our clients by directing a scientific investigation which has identified and allowed us to seek the participation of significant contributors to the contamination, including the United States Air Force and the United States Navy.

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Resolution With No Liabilities For Wood-Treating
Chemical Contamination At A Lumber Mill
Hunsucker Goodstein & Nelson PC represented former owners and operators of a lumber mill contaminated with wood treating chemicals (pentachophenal and others). Initially, the estimated cost of cleanup was over $20 million. However, after a scientific investigation and negotiation with a state environmental agency, the cleanup amount was reduced to about $2 million. We were able to obtain funding for the remedy from other potentially responsible parties and insurance so that the remedy was completed at no cost to our clients. The cleanup at the site was fully funded and installed within a year of Hunsucker Goodstein & Nelson PC’s involvement. Other parties agreed to accept all future responsibility for the site and to protect our clients from any future claims.

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