Robert E Maher Jr.'s Legal Cases (4)

Environmental and natural resources

United States v. Davis II

Aug 17, 2001

OUTCOME: Consent Decree entered over objection.

Negotiated a series of five consent decrees, and handled the litigation surrounding entry, in a complex CERCLA case. Under the consent decrees, a defendant previously held liable following a bench tri ... al, and numerous third-party defendants, agreed to perform a CERLCA remedy (estimated cost $14 million) and pay $13.5 in reimbursement of EPA response costs. Non-settling third-party defendants objected to the consent decree. The district court entered the consent decree over the objections, and the court of appeals affirmed.

Environmental and natural resources

United States v. Davis I

Aug 17, 2001

OUTCOME: Defendant held liable after bench trial.

Lead the government litigation team in the liability phase of a complex CERCLA cost recovery case concerning the Davis Liquid Waste Site in Rhode Island. After negotiating settlements with seven of ei ... ght defendants, tried the case to the bench. After trial, the court held that the remaining defendant was jointly and severally liable to reimburse EPA's response costs, and entered a declaratory judgment of liability. During the second phase, the parties stipulated to the amount of recoverable past response costs. A settlement was negotiated during the litigation of the defendant's contribution claims against third-party defendants.

Litigation

United States v. Davis III

Aug 17, 2001

OUTCOME: Affirmed entry of consent decree.

Briefed and argued appeal. Five CERCLA consent decree between the United States and numerous parties were challenged by non-settling parties. The federal district court entered the consent decree ove ... r the objections, and the court of appeals affirmed.

Environmental and natural resources

Texans United v. Crown Central Petroleum

Apr 06, 2000

OUTCOME: Reversed and remanded.

Filed amicus brief and argued in support of the position of the Plaintiffs-Appellants, several environmental groups. The environmental groups filed a Clean Air Act citizen suit in the federal district ... court alleging that the defendant's petroleum refinery violated several regulatory requirements. The district court granted the defendant's motion for summary judgment on the ground that the citizen suit was statutorily precluded by a state agency's earlier-filed administrative enforcement action. On appeal, the United States filed an amicus brief supporting the environmental group's interpretation of the statute. The court of appeals adopted the position urged by the plaintiffs and the United States, and reversed and remanded the district court's judgment.

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