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Andrew C. (Drew) Brought

Partner

Andrew Brought square image

T 816.292.8886
F 816.474.3216
abrought@spencerfane.com

Brownfield Cleanup and Superfund

  • National counsel for telecommunications manufacturing company and associated research and engineering laboratories for CERCLA and RCRA matters
  • CERCLA cost recovery and contribution litigation in multiple jurisdictions, including New Jersey, Texas, Arizona, Missouri, Georgia, Kansas, and New York, on behalf of parties pursuing and defending actions for cleanup response costs and natural resource damages (NRD)
  • State superfund experience and related voluntary cleanup programs in Missouri, Kansas, and Texas, among other states
  • Risk-based cleanups with environmental covenants and activity and use limitations

Business Transactions and Real Estate

  • Represented large beer manufacturer and brewer in sale of business
  • Assist chemical manufacturer in acquisition of real estate
  • Phase I and Phase II ESA reviews for numerous transactions
  • Counsel for financial institutions in lending matters involving contaminated sites
  • Represented securities issuer in matters involving pipeline, NGL, and natural gas asset
  • Counsel for lubricant manufacturing company in sale of business

Clean Air Act

  • Represented distilled spirit manufacturer in PSD enforcement and Title V permitting
  • MACT and NESHAP applicability determination counseling
  • Represented secondary lead smelter in air enforcement matter

Crisis Management and Workplace Safety

  • Counsel for distilled spirit, industrial alcohol, and food ingredient manufacturer in chemical release involving the CSB, EPA, OSHA, and other state agencies
  • PSM audit counsel and health and safety compliance review at five large oil refineries for an Independent Safety Review Panel at the behest of the U.S. Chemical Safety Board
  • Counsel for chemical plant in RMP enforcement and CERCLA release reporting matters
  • Defense of aerosol can manufacturing facility in RMP enforcement case
  • Defense for food product manufacturer with anhydrous ammonia systems subject to PSM and RMP

Environmental Criminal and White Collar Defense

  • Successful defense of sand-blasting company in RCRA disposal case
  • Successful defense of EHS Manager of metal/chrome plating operations in Clean Water Act case
  • Counsel for multinational consumer goods and home and health care products company in RCRA disposal matter
  • Counsel for construction material company in Grand Jury subpoena involving RCRA illegal transport case
  • Defense of health insurance provider in health care fraud qui tam dispute
  • Defense of corporate officer and director in executive malfeasance and securities matter
  • Internal investigation for photographic imaging company with alleged water violations

Recycling, Beneficial Reuse, and RCRA Hazardous Waste Counseling

  • Counsel for chemical manufacturer in state’s acceptance of material’s co-product status as opposed to a sludge
  • Represent lead-acid battery recycling facility in variety of RCRA matters
  • Counsel for chemical plant in regulatory approval of reclaimed material for beneficial reuse as a wastewater conditioner versus designation as a spent characteristic hazardous waste
  • RCRA hazardous waste enforcement cases involving numerous client sectors, including manufacturing and chemicals

OSHA and Workplace Safety

  • Citation contest defense in numerous jurisdictions throughout the nation on behalf of numerous industrial sectors including: aircraft manufacturing, construction, electrical contractors, food manufacturing, metal products, and the restaurant industry
  • Defense of geotechnical contractor in workplace electrocution
  • Successful defense of OSHA enforcement case against mechanical, electrical, and plumbing contractor in workplace fatality

Water Permitting and Enforcement

  • Represented manufacturing facility in NPDES permit appeal regarding mixing zone allowance
  • Stormwater enforcement defense for multiple industrial operations including construction company, landfill, and composting facility
  • Defense of metal recycling facility in permit appeal of NPDES permit terms and conditions