Maintaining the viability of commercial waterways is critical to our economy and the communities in which ports and harbors are located. These sites are often highly industrialized because of the cost advantages that immediate access to transportation affords. With the high degree of industrialization at these sites, often arising over decades if not centuries of commercial and governmental development, contamination with hazardous substances is frequently an issue.
Jackson Gilmour & Dobbs, PC offers exceptional representation to States, ports and other governmental institutions that control waterways and navigation channels. Our professionals help these entities identify the party or parties responsible for contamination in the sediment and/or water column, develop and implement strategies for addressing the contamination, and pursue litigation to address the contamination in appropriate circumstances.
Contamination may go unnoticed for years, or even decades, as it may be deposited within the sediment at the bottom of the waterway. The contamination may be discovered during dredging or navigation operations. The Army Corps of Engineers is tasked with maintaining the viability of our waterways, and port authorities typically act as the local sponsor responsible for maintaining navigability. If dredged sediment contains hazardous substances, there will be additional, possibly massive, costs associated with the proper disposal of that sediment. Jackson Gilmour & Dobbs, PC has unique experience in representing public sector clients and port authorities in ensuring that the public does not bear these costs.
Jackson Gilmour & Dobbs, PC also represents industrial clients and land owners faced with issues related to contaminated waterways. Frequently, these entities are swept into large scale litigation or administrative actions associated with contaminated waterways, such as river systems, and face a variety of claims ranging from clean up, to contribution, to economic damages, to natural resource damages. Jackson Gilmour & Dobbs, PC possesses unparalleled experience and know how in defending against such actions and negotiating or litigating the best resolution for their clients.