Alternative Environmental Dispute (ADR) Resolution

ADR that Creates Better Outcomes

KMCL is an ADR practice with a focus on environmental dispute resolution.

We have acted as counsel and neutrals in ADR proceedings in dozens of environmental matters. Organizations across the country rely on KMCL to successfully resolve complex environmental and energy challenges. This extensive and specialized experience in environmental matters produces a smoother process and better outcomes.

 

For more information on this area of KMCL’s practice, please contact Attorney Rick Horder.

Focus Areas

Neutrals

KMCL has acted as mediators, evaluators, arbitrators, members of arbitration panels, and other neutrals for organizations and individuals across the country.

Advocating in Mediation or Arbitration

KMCL has acted as counsel in ADR proceedings in dozens of environmental matters.

Representative Matters

  • Mediated a contentious and complex dispute among numerous parties alleging both property damage and personal injury arising from a land application system.
  • Mediated contract disputes pertaining to wastewater treatment facilities and performance (or lack thereof) of plant operators.
  • Mediated a four-party mediation over allocation of liability for a dry-cleaning operation at a shopping center.
  • Mediated a three-party dispute about contamination resulting from a fire in a warehouse storing numerous hazardous materials.
  • Mediated disputes between the current and former owners of a dry cleaning operation to allocate the responsibility of cleanup costs.
  • Represented numerous clients in “Early Neutral Evaluation” (evaluative mediation) proceedings, essentially all of which resolved CERCLA cost allocation issues.
  • Represented a large retail home improvement company in an arbitration between a client, a developer of retail space, a general construction company, and a homeowners’ association over alleged contamination from stores to a nearby residential water body.
  • Represented a multi-location gasoline retailer in numerous mediations with various insurance carriers over coverage regarding releases from USTs and gas station operations.
  • Represented a large pulp, paper, and wood products company in numerous mediations over coverage issues involving toxic tort (asbestos, formaldehyde, treated wood, fire retardant wood, dioxins, etc.) disputes with insurance companies over defense and indemnity obligations.
  • Served as a member of a multi-person arbitration panel in a dispute to allocate liability regarding releases from a gas pipeline among pipeline operators.
  • Served as sole arbitrator in a dispute between Riverkeeper environmental organization and large mining company over numerous issues regarding alleged violations of law, non-compliance with an NPDES permit, and violation of a Consent Order.
  • Served as the sole arbitrator or as a member of an arbitration panel in numerous CERCLA and State Superfund allocation disputes over the allocation of clean up liability among PRPs.

Rick Horder has been praised for his “thorough knowledge of environmental law and practical approach to resolving issues, as well as his prompt response times.”

OUR OFFICES

1230 Peachtree Street, N.E., Suite 900
Atlanta, GA 30309

Phone: 404-812-0839

1914 4th Avenue North, Suite 400
Birmingham, AL 35203

Phone: 205-777-7972

One PPG Place, Suite 3100
Pittsburgh, PA 15222

Phone: 404-333-0752