Ports Practices
Jackson Gilmour & Dobbs, PC is dedicated to representing the legal interests of port authorities in a wide variety of litigation, regulatory and environmental matters. We have significant experience in representing our port, transportation-sector, and public clients in environmental matters, including claims directed at remediating contaminated properties and submerged lands, restoring injured natural resources, and prosecuting claims designed to recoup economic and property damages resulting from a nuisance or trespass created by hazardous materials. Additionally, we have represented port authorities in a broad range of commercial and construction disputes, tariff interpretations and enforcement matters, issues affecting dredging and dredge material management, lease and easement negotiations and litigation, and emergency response and security measures.
Natural Resources Damages
Through extensive work with ports, public entities, and transportation-sector clients on some of the country’s largest harbors, bays and river systems, the attorneys of Jackson Gilmour & Dobbs, PC have developed a unique capacity to handle extremely complex natural resource damages (NRD) matters. NRD claims may encompass injuries to bays, rivers and other surface waters, wetlands, sediments and soil, groundwater, wildlife, fish, birds and other biota – as well as the economic consequences of such injuries – associated with hazardous substances and environmental degradation. Thus, injuries to natural resources can have a substantial impact upon port authorities, the channels of commerce and the public, and claims for such damages can be truly significant.
Through handling multiple, significant NRD claims across the country, our attorneys have gained the education, knowledge and experience necessary to provide our clients with exceptional service and counsel at these very complex sites. We routinely work with many of the country’s preeminent experts in a variety of disciplines involved in NRD assessment and damages matters. Moreover, our representation of both State trustees, port authorities, and the regulated community allows us an understanding of NRD matters that is truly uncommon.
Environmental Litigation
At Jackson Gilmour & Dobbs, PC, we have represented ports, public entities and transportation-sector clients in environmental matters across the country. Our attorneys have experience representing our clients as plaintiffs and defendants in a wide variety of environmental actions, including cost recovery actions, contribution actions, CERCLA, RCRA, CWA, and OPA litigation, nuisance and property damage litigation, natural resource damages litigation, and many other matters relating to contamination and impaired real property.
Likewise, corporate responsibility for historical environmental issues is often a key issue in environmental litigation, and we have extensive experience in tracing corporate ownership and liabilities to the responsible party. Similarly, experts are an essential component of any environmental case. Through decades of practice and educational backgrounds in government, earth sciences, economics, ecology and the social sciences, our attorneys are able to work at a very high level of cooperation and understanding with environmental, technical and economic experts.
Environmental Regulatory & Land Use
Regulatory proceedings are often precursors to or components of environment litigation. Our attorneys have the practical and technical experience necessary to achieve our port clients’ goals within the regulatory process, whether those goals are reducing or recovering the cost of remediation, meeting regulatory and reporting requirements, responding to spills or agency investigations, or proving responsibility for a release. We work with our clients, as well as other responsible parties and governmental agencies, to achieve practical solutions to environmental problems within the regulatory process or to best position our clients in the event of future litigation.
In addition to representing ports in environmental regulatory and litigation matters, our attorneys also represent clients in efforts to limit or avoid exposure to environmental problems. Because our attorneys regularly litigate environmental matters, we see firsthand the issues that could be avoided or mitigated with proper environmental risk management and due diligence. We work with our clients to develop and implement contractual and regulatory safeguards to environmental issues, including environmental indemnities and warranties, cleanup and remediation agreements, environmental insurance, as well as participation in state voluntary cleanup programs and federal Brownfield initiatives.