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Client Engagement on Housatonic River

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Key Facts

  • We're representing GE in a dispute with the EPA over the selection of a remedy for the Housatonic Rest of River
  • EPA is insisting on a remedy that costs an additional $250 million with no additional benefit
  • We continue to work with GE as it attempts to reach agreement with EPA

The Situation

Mintz is representing GE in a dispute with the Environmental Protection Agency (EPA) over the selection of a remedy for the Housatonic Rest of River. EPA is insisting on a remedy that costs an additional $250 million with no additional environmental or human health benefit. Mintz has continued to represent GE in its effort to resolve the dispute, both informally and through formal dispute-resolution procedures.

The Approach

We are collaborating with GE and its technical experts in resisting those elements of EPA’s proposal that would cause more harm than good and cost hundreds of millions of dollars more with no environmental or human health benefit. In the most recent chapter of this saga, the EPA Environmental Appeals Board remanded EPA’s proposal for further consideration, agreeing with GE that certain aspects of EPA’s decision were arbitrary. Mintz collaborated with GE on the briefing and the day-long oral argument of this complicated case.

The Outcome

The Environmental Appeals Board’s remand is extraordinary. It agrees with EPA in approximately 90% of the cases it hears. Mintz will continue to work with GE as it attempts to reach agreement with EPA on a common-sense solution for the Rest of River. 

Supporting Professionals

Jeff Porter, Chair of our Environmental Law Practice, collaborated with Andy Nathanson, Marilyn Newman, and a team of environmental lawyers and litigators.