Duane Siler advises clients in the energy and natural resource industries on matters involving project-related environmental requirements. He assists in obtaining workable state and federal environmental authorizations and defends those permits when challenged in administrative or judicial forums, including before USEPA's Environmental Appeals Board. Mr. Siler has particular experience in the application of hazardous waste laws to oil and gas exploration and production facilities, and he works with companies operating on-shore and off-shore to solve environmental compliance problems.
Mr. Siler has substantial litigation experience in environmental cases arising under CERCLA, RCRA, the Oil Pollution Act, and the common law, and has served as trial counsel in defending against and pursuing multi-million dollar claims for response cost and cleanup actions. He has helped clients pursue claims against the United States for contamination at several sites formerly operated by federal government contractors for the military services, including both World War II and Cold War installations. He also negotiates and defends civil enforcement actions on behalf of industrial clients and provides compliance counseling under a broad range of federal and state environmental laws.
Mr. Siler advises clients concerning environmental aspects of transactions. He has experience with transfers of manufacturing facilities, mining operations, and commercial properties. He represents buyers and sellers of contaminated property, working with clients and their consultants to identify, assess, and manage potential liabilities arising under CERCLA and state cleanup laws. Mr. Siler handles all aspects of due diligence regarding environmental liabilities in transactions, including use of environmental management and auditing tools to help inform asset purchasers about the compliance status of manufacturing operations under federal and state air and water pollution control laws, as well as transfers of environmental authorizations and permits.
- In re Swanson Creek Oil Spill, No. PJM-00-1429 (D. Md.): lead counsel for defendant company in litigation and settlement of class action under Oil Pollution Act arising out of oil spill to Patuxent River; also lead counsel for company in negotiated settlement of federal and state claims for Natural Resource Damages.
- Offshore Alaska Project: Conducted emergency confidential investigation and assessment of potential environmental violations.
- Onshore Alaska Project: Successfully obtained Mineral Management Service agreement to tailor environmental restrictions that would otherwise prevent exploration of oil and gas lease.
- Westfarm Associates L.P. v. International Fabricare Institute, No. HM 92-9 (D.Md.): Lead trial counsel for defendant association in precedent-setting CERCLA case in which client successfully asserted contribution claim against public sewer authority for contamination from leaking sewer.
- White Alice Communications System sites: Currently represent former contract operator of contaminated Cold War communications facilities in Alaska, including defense of cleanup cost-recovery claims by State of Alaska under CERCLA and pursuit of contribution from USAF.