Environmental Law
For more than 25 years Matthew Yackshaw has handled substantial environmental matters on behalf of numerous individuals and businesses, ranging from small closely-held companies up to Fortune 500 companies. The following is a list of some of the assignments:
- Represented closely-held electroplating company accused of a laundry list of hazardous waste violations by the Ohio EPA.
- Represented closely-held water company in issues involving flood plain.
- Represented individual environmental manager at public company who was implicated in environmental investigation of his employer by the Ohio EPA.
- Represented closely-held lumber company in sale of real estate that had environmental issues.
- Represented closely-held forge company in negotiating RCRA closure plan with Ohio EPA. Subsequently involved with litigation against bioremediation company which failed to honor the terms of its remediation contract with the forge company.
- Represented Fortune 500 Company named as defendant in Superfund case involving the Deerfield dump.
- Represented closely-held paint company in environmental assessment process of one of their manufacturing plants.
- Represented closely-held landfill company in environmental enforcement action filed the Ohio EPA. Obtained summary judgment in favor of the individual who owned the stock of the company, which was affirmed on appeal.
- Represented closely-held adhesives company sued by its next-door neighbor alleging trichloroethylene (TCE) contamination. Also represented the company in a related lawsuit filed against it by its insurance carrier concerning defense and coverage related to the environmental tort case.
- Represented company in negotiating closure arrangements with the Ohio EPA, including participation in the Voluntary Action Program.
- Represented Fortune 500 Company in various Superfund cases pending in this state and other states.
- Represented out-of-county landfill company in dispute with Ohio EPA concerning licensing.
- Represented individual and his company in dispute with Ohio EPA concerning groundwater classification. Obtained rescission of erroneous groundwater classification in a case filed in the Environmental Review Appeals Commission (ERAC).
- Represented local company in negotiating RCRA closure and civil penalty with Ohio EPA.
- Represented local gasoline service station in negotiating arrangements concerning its underground storage tanks with the Bureau of Underground Storage Tank Regulation (BUSTR).
- Represented local construction company in issue(s) with Ohio EPA.
- Represented closely-held scrap metal company in issues with USEPA and its insurance company.
- Represented closely-held scrap recycler in issue with neighbor who had caused oil and gas contamination.
- Assisted non-profit organization in sale of real estate which had some environmental issues.
- Reviewed and assisted businesses and individuals in numerous transactions involving pieces of real property which had environmental questions.
- Represented trucking company in dispute with Ohio EPA concerning RCRA closure and a civil penalty.
- Represented solid waste disposal company named as defendant in environmental enforcement action filed by the State of Ohio.
- Represented closely-held landfill company, solid waste disposal company, and individual in Superfund case filed by USEPA.
- Represented various defendants in various environmental tort actions filed by individuals alleging that they incurred various diseases such as cancer as a result of exposure to various contaminants.
- Represented various closely-held companies in disputes with their insurance carriers concerning defense and coverage obligations for environmental tort actions filed against those companies, Superfund cases filed against those companies and individuals, and environmental enforcement actions filed against those individuals and companies.
- Represented rifle and pistol range in litigation threatened by private citizens alleging environmental contamination, RCRA violations, and Clean Water Act violations.
- Represented various companies in defending claims related to underground storage tanks.
- Represented closely-held defendants in class action lawsuit filed by neighbors who claimed diminution in property values as a result of contamination either emanating from or potentially emanating from a landfill.
- Defended closely-held company and individuals against Plaintiffs who filed under RCRA citizen suit provisions.
- Reviewed numerous environmental reports such as phase one reports, phase two reports, and other environmental assessment reports to provide advice to individuals and businesses concerning environmental conditions.
- Represented local municipality in dispute with Ohio EPA and neighbors concerning alleged environmental contamination.
- Represented individuals named as Defendants in environmental enforcement action filed by Ohio EPA. Also represented them in declaratory judgment action filed against them by their insurance carrier.