MARCH NEWSLETTER

FG&I Wins Superfund Allocation Case

Jeff Ireland, Ann Wightman and Mary Wiseman achieved a significant successful outcome for one of FG&I's long-time clients, Amcast Industrial Corporation, in a Decision issued a few weeks ago in the United States District Court for the Southern District of Ohio by Chief Judge Walter Rice in an environmental case brought against Amcast by AlliedSignal, and tried before Chief Judge Rice for three weeks in February, 1995.

Briefly, AlliedSignal owned and operated a landfill in Ironton, Ohio. The U.S. EPA ordered AlliedSignal to clean up the landfill, which it started in the late 1980's. As the remediation neared completion, AlliedSignal sought $30 million in costs associated with the clean-up. AlliedSignal argued that it shared responsibility with Amcast (formerly known as Dayton Malleable), the only other viable PRP with significant disposals at the landfill. AlliedSignal argued that Amcast should pay a substantial share of the $30 million, plus additional costs on a going forward basis. AlliedSignal never defined "substantial," although it told us that Amcast's share should be 50 percent. The real issue at trial was not liability -- instead, the "shooting match" centered on how environmental clean-up costs should be allocated among PRPs.

We are now among a handful of lawyers across the country who have actually tried a Superfund allocation case to conclusion. The Decision contains a fairly lengthy discussion about equitable allocation (pp. 54-74), and the evidence concerning allocation. The Court relied heavily on the Gore factors, but it also was influenced by expert testimony that we presented concerning the site. PRPs are called upon to present creative allocation arguments that are driven by the individual facts of each site.

In essence, AlliedSignal presented evidence that Amcast's waste accounted for 28 percent of the volume of the waste in the landfill. Despite this essentially uncontested evidence, the Court nevertheless adopted our approach and found that Amcast was responsible for only two percent of the clean-up costs ($12 million in 1994), and was responsible for 28 percent of the cap that was placed on the landfill (a small fraction of AlliedSignal's total costs). This Decision reflects our ability to develop creative solutions and approaches for thorny environmental problems. A copy of Chief Judge Rice's Decision is available from FG&I upon request.

Jeff Cox to Head Kessler Inn of Court

Jeff Cox has been tapped as the President-designate of the Carl D. Kessler Inn of Court. Program Chair for the Inn since 1999, Jeff will commence his two-year term in July, 2001. The Kessler Inn of Court is an organization of over 100 judges and trial attorneys from the Dayton legal community who gather nine times a year for social and educational purposes, with members divided into presentation/tutorial teams to lead the programs discussing a wide range of trial advocacy skills and cutting-edge legal issues. Jeff, Charlie Faruki, Jeff Ireland, Paul Hallinan, and Laura Sanom are all charter members of theKessler Inn of Court, founded June 1, 1991, and Charlie was one of the founders of the Inn and has been a member of its small Executive Committee since 1991. New FG&I attorneys are invited to participate in the Inn of Court.

Mary Wiseman to Leave Dayton City Commission to Return to Full-Time Law Practice

Mary Wiseman recently announced her decision not to seek re-election to the Dayton City Commission in the Fall of 2001, stating: "[w]hile the opportunity over the past four years to represent and serve Dayton's citizens and businesses has been a great honor and tremendously rewarding, I am returning my focus to my law practice and family." Elected in 1997, Mary is widely recognized for her leadership on difficult issues facing the Dayton community. Prior to her tenure on the City Commission, Mary served on Dayton's Board of Zoning Appeals and Environmental Advisory Board. Mary looks forward to returning to her law practice full-time at FG&I later this year; she has worked part-time at FG&I during her tenure as City Commissioner and the firm welcomes her return to full-time practice. Mary is a graduate of Ball State University and the University of Arkansas-Little Rock School of Law; she has been practicing at FG&I since 1990.

Meeting Community Needs

FG&I is a sponsor and supporter of many Dayton-area philanthropies and social service groups, including but not limited to Artemis House, a center for victims of domestic violence, the YWCA, the YMCA, and the Hipple Cancer Research Center. Many of the firm's attorneys and staff are actively involved in meeting the needs of the community. FG&I associate Scott Jones is one example. Scott is a volunteer mentor at Daybreak, a local runaway shelter that provides guidance and often a temporary home to struggling youths. Daybreak is recognized nationally for its creative outreach efforts and programming. Scott is also involved with Daybreak's annual golf outing, working to raise funds to support Daybreak's ongoing mission.