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Delmar R. Ehrich joined Faegre & Benson in 1983 and has practiced since that time as a trial lawyer focusing on environmental litigation. He has defended corporations and other business interests in toxic tort litigation involving benzene, lead, chemical solvents, and mercury. He also has extensive litigation experience in state and federal Superfund laws, insurance coverage for environmental liabilities, and criminal and civil enforcement of state and federal environmental laws. Delmar tried the first jury trial in the State of Minnesota under the Minnesota and federal Superfund laws, resulting in an eventual recovery to the plaintiff of $3 million in past cleanup costs and damages and a determination that the defendant was 100% responsible for future cleanup costs. The action resulted in several published precedents. He has represented numerous parties in many major hazardous waste sites. Representative of these cases are: Golden v. N.L. Industries (U.S.D.C., Minn.). He represented the former owner of a secondary lead smelter in one of the first actions filed in Minnesota under the federal Superfund law. U.S. v. Arrowhead Refining Co., et al. (U.S.D.C., Minn.). He represented several related parties alleged to be owners, operators and generators in connection with a used oil re-refining facility in litigation involving several hundred parties. Minneapolis Park Board v. Arkla, Inc. (U.S.D.C., Minn.). He represented a regulated gas distribution company in connection with an action arising from the company’s operation of a manufactured gas plant between 1870 and 1960.Northern Star Company v. Archer Daniels Midland (U.S.D.C., Minn.). He represented a major agricultural commodities and processing company in connection with a site listed on the Minnesota Permanent List of Priorities located in the Midway District between Minneapolis and St. Paul. Former Wood Treating Sites. He represented a former wood treating company in several actions in federal court involving former treating facilities in Minnesota. These actions have involved complex questions of corporate dissolution and successor liability, and have resulted in published precedents. Waste Disposal Engineering Site. He represented a national manufacturer of packaging materials that received an administrative order requiring it to participate in cleanup at a multigenerator site containing mixed municipal and industrial wastes. Sibley Plaza v. Total Petroleum (Minnesota District Court). He represented a national petroleum company in connection with litigation over alleged contamination at several sites in Minnesota. Delmar has extensive experience in negotiating with the United States Environmental Protection Agency, the United States Department of Justice and various state agencies, including the Minnesota Pollution Control Agency, over the conduct of investigations and remediations at hazardous waste sites. Typical of this practice is his negotiation with the Minnesota Pollution Control Agency over appropriate remedial alternatives for several manufactured gas plants in Minneapolis and outstate Minnesota on behalf of a regulated gas distribution company. Delmar has experience in obtaining insurance coverage for environmental liabilities. He has represented numerous insureds seeking coverage through negotiation or litigation. Most recently, he successfully obtained nearly $4 million in coverage for a national manufacturer of packaging materials in connection with a hazardous waste site in Connecticut. He also represents the company in efforts to secure reimbursement of cleanup costs in connection with sites in Massachusetts, Ohio and New Jersey. Additionally, he has extensive experience in administrative, civil and criminal enforcement of environmental liabilities. He routinely counsels clients regarding compliance with environmental requirements, including hazardous waste regulations and the new operating permit program under the federal Clean Air Act. His experience with enforcement matters is exemplified by the following cases: Successfully defending a national agricultural commodities and processing company in connection with civil and criminal enforcement actions concerning alleged violations of NPDES permits and major facility expansions without preconstruction air permits at several major processing facilities Successfully defending a munitions manufacturer in connection with civil and criminal actions arising from alleged improper disposal of hazardous wastes at several sites in Minnesota Routinely negotiating reductions in civil penalties and compliance activities for manufacturing clients in connection with administrative enforcement proceedings brought by the United States Environmental Protection Agency in Iowa, Nebraska and South Dakota, and by state agencies in Minnesota, Wisconsin, Colorado, and Iowa Delmar is a frequent lecturer to CLE groups in Minnesota and Colorado. He has also lectured to industry associations and policy groups, most recently to the Minnesota Environmental Initiative on the topic of legislative protection of environmental audits. | 