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Remediation of Contaminated Town Park


In a rural suburb of Rochester, a popular park served as a popular gathering spot for sports and leisure activities. However, beneath its surface lay a hidden danger – contaminated topsoil, inadvertently introduced during park renovations.

Case Study

A concerned citizen filed a lawsuit against the Town under the Resource Conservation and Recovery Act (RCRA), alleging that the topsoil used to upgrade the Park contained harmful levels of arsenic, lead, and pesticides.

In 2003, the Town purchased topsoil from a development company to enhance the Park. Unbeknownst to the Town, this soil contained hazardous levels of pesticides from a former apple orchard.

The citizen pursued legal recourse, arguing that the contaminated topsoil qualified as "solid waste" under RCRA. The Zoghlin Group represented the citizen, advocating for the safe management of the contaminated topsoil to mitigate risks to park users.  In a preliminary motion, the Court ruled in our favor, recognizing the topsoil as solid waste under RCRA. Before trial, the Town agreed to a settlement, committing to cover the contaminated soil and safeguard Park users.

This case highlights the importance of experienced environmental lawyers in addressing contamination issues.  The Zoghlin Group secured a resolution that prioritized community health and environmental well-being. By facilitating fair outcomes for all stakeholders, our Firm contributes to the creation of safer and healthier environments in which communities can thrive.