Fitzhugh & Mariani's environmental team provides a complete and wide range of services from liability related to hazardous waste to cases involving toxic torts. Our environmental practice clients includes large corporations, small companies, and individuals located throughout the country.

Hazardous Waste

Our environmental team provides services to clients under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and similar state statutes like M.G.L. c. 21E. In addition to providing litigation, negotiation, and counseling services to individual clients, we have acted as "common counsel" to groups of potentially responsible parties under CERCLA and equivalent state statutes at numerous sites across the country.

Our litigation work has routinely included defending private and government cost recovery actions and prosecuting private cost recovery or allocation sharing actions under state and federal statutes from responding to the initial demand letter through trial and appeals.

Fitzhugh & Mariani also provides regulatory services including commenting on proposed remedial action plans and ensuring compliance with local, state and federal regulations. We also assist clients in their remediation by drafting and negotiating access rights with adjacent landowners, preparing activity and use limitations, and working with the LSP to ensure that the remediation is cost effective and legally compliant while looking at mitigation of potential future litigation or issues with regulatory agencies. In cases where there is non-compliance, we have represented clients at state and federal agencies including negotiating administrative orders on voluntary consent and judicial consent decrees. In addition, depending on the jurisdiction, we also provide advice on obtaining cost recovery refunds under state statute for remediation related to underground storage tanks.

Toxic Torts

Fitzhugh & Mariani has a long history of successfully assisting clients with toxic tort claims. In particular, Fitzhugh & Mariani has significant experience in addressing asbestos, latex, lead paint, "sick building" or other exposure based claims throughout the Northeast. The firm's goal in toxic tort cases is to simplify this complex field for its clients and minimize costs while providing a comprehensive defense.

With those issues unique to asbestos, Fitzhugh & Mariani has adeptly handled these cases for over 15 years, both on the state and federal levels. The firm is also a participant in the Massachusetts Asbestos Defense Counsel, a consortium of law firms representing corporate defendants in asbestos actions in the Commonwealth of Massachusetts. The Counsel seeks to assist in shaping Massachusetts asbestos litigation and to protect the best interests of their clients.

Historically, the firm has met success with toxic tort cases, many of which were concluded prior to submission to the jury including those that were resolved at the summary judgment level due to the lack of proper product identification.