Environmental Proceedings (1980-2004)
John Hanna, Jr. environmental cases have involved him in at least the following issues:
Responding to administrative orders; negotiating consent decrees and orders, negotiating scopes of work for investigation and removal of contaminants; participating in remedy evaluation and selection; forming groups of potentially responsible parties; obtaining access from third parties; selecting clean up criteria in light of applicable law; crafting deed restrictions; developing and implementing institutional controls; obtaining restrictions on groundwater usage; understanding traditional and new contaminants of concern; resolving impacts on municipal and private drinking water supplies; evaluating personal injury and public health claims; addressing remedy failures; evaluating technical impracticability; addressing financial guarantees; participating in alternate dispute resolution including mediation, mini trails and neutral evaluation; delisting and commercial reuse of sites. (See such a list described by ABA Section on Environment, Energy and Resources Law, Year in Review 2003 at 94).

Labor Proceedings (Pre 1980)

Numerous complex labor negotiations, mediation, arbitrations, impasse fact finding, drafting salary and pension legislation and labor contracts

MATTER OF ...INACTIVE HAZARDOUS WASTE DISPOSAL SITE [PFOHL BROS LANDFILL] ALLIED SIGNAL, INC. et al., ORDER ON CONSENT, 2001, N.Y.S. DEP’T OF ENVIRONMENTAL CONSERVATION (Ind # B9-0048-84-10)
Overview: Represented one of 24 corporate and municipal respondents who agreed to remediate a refuse landfill site. A major three-year effort was a private allocation proceeding among the corporate defendants to allocate among themselves the remediation costs of $35 million. While legally a neutral evaluation mediation, it functioned as arbitration. Negotiations with the State reached a consent order. Judicial proceedings and mediation with non participating potentially responsible parties resulted in settlement with two exceptions which continue.

PFOHL BROS LANDFILL PERSONAL INJURY ACTIONS (1994-2004),
Overview: Over eighty personal injury actions involving over twenty defendants or third party defendants in Federal (USDC WDNY) and State (Erie County Supreme) courts. Served on Joint Defense Committee. Organization of a joint defense group, extensive negotiations leading to tentative 2004 settlement among most parties.

MATTER OF THE HOOKER-RUCO SUPERFUND SITE, OCCIDENTAL CHEMICAL CORP., RUCO POLYMER CORP., U.S. EPA (Administrative Orders: Ind # II CERCLA -10216, 1991, #94-0210, #II-CERCLA-02-2001-2018)
Overview: Negotiation and on going involvement in implementation of investigation and remedial plans under US EPA Administrative Orders relating to surface and groundwater chlorinated organic impacts resulting from a plastics plant operations including long term down gradient ground water issues.

NEW YORK, et al. vs. OCCIDENTAL CHEMICAL CORPORATION (DUREZ), CIV 83-552-C, U.S.D.C. W.D.N.Y. Consent Judgments, 1989,1991,1993, District Judge John C Curtin.
Overview: Chemical contamination of plastics plant, adjacent 1/2-mile long storm sewer, international river shore and river bottom and city drinking water river intakes resulting in $60 million remediation. Led negotiation effort for defendant so litigation was limited to complaint and answer with periodic reports to the court and consent judgments. Essentially judicial mediation before Judge Curtin.

UNITED STATES vs. CITY OF NIAGARA FALLS, CIV-81-363C, U.S.D.C. W.D.N.Y., 674 F. Supp. 1013; 26 ERC 2140, December 7, 1987; 706 F. Supp. 1053, 29 ERC 1405, (March 1, 1989)
Overview: Represented the major industries of Niagara Falls in litigation with USEPA and US DEC arising out of the failure of the City’s waste water treatment plant which avoided EPA’s initial remediation demands. Settled after protracted motion practice.

TOWN OF OYSTER BAY vs. OCCIDENTAL CHEMICAL CORPORATION, et al. (SYOSSET LANDFILL), 987 F Supp 182 (U.S.D.C. E.D.N.Y. 1997 US DJ Block)
Overview: Represented one of many corporate defendants seeking to avoid recovery of approximately $20 million for remediation of a contaminated refuse landfill. After discovery and after Judge Block decided motions for summary judgment and partial summary judgment, proceedings were settled in complex mediation also involving the U.S. Environmental Protection Agency in a parallel administrative proceeding. Linda Singer acted as mediator.

SPRING VALLEY WATER COMPANY vs. COSCO INDUSTRIES, INC., SARA LEE CORP., et al., U.S.D.C. S.D.N.Y. (91 CIV 0410, Judge Peter Leisure)
Overview: Drinking water company claimed remedy costs resulting from ground water contamination of public groundwater drinking water supply. Represented one defendant in a three-way negotiation after substantial technical investigation, which achieved settlement without trial.

NEW YORK vs. ALLIED CHEMICAL CO., GENERAL ELECTRIC CO., et al., [SOLVENT SAVERS AND NOVAK SITES] U.S.D.C., N.D.N.Y. Partial Decision reported, 789 F.Supp 93 (1992)
Overview: Represented major U.S. corporation with respect to: 1) negotiation with Federal and State environmental authorities about the extent of remediation; 2) negotiation with two other major corporations and the Federal Government as to allocation of liability among them; and 3) negotiation with several other major corporations about their shares which was ultimately settled in part and litigated to judgment in part. Included, a two day mini trial ADR proceeding before a federal District Judge.

WILMORITE, INC. vs. BOYCE THOMPSON INSTITUTE FOR PLANT RESEARCH, U.S.D.C. S.D.N.Y., 89-CIV-1129
Overview: Represented defendant in a claim for remediation of an allegedly contaminated site used for plant research by defendant, a prior owner of the site. A complicated negotiation including a third party was resolved without trial.

COLUMBIA vs. CONTINENTAL INS., No. 59, Ct. App.(New York) 83 N.Y.2d 618; 634 N.E.2d 946; 1994 N.Y. LEXIS 1066; 612 N.Y.S.2d 345; 38 ERC (BNA) 2126, March 15, 1994, Argued, May 12, 1994, Decided
Overview: Claim by municipality for insurance to cover clean up costs.

INDUSTRIAL LIAISON COMM. OF THE NIAGARA FALLS AREA CHAMBER OF COMMERCE vs. WILLIAMS, Ct. App.(New York), 72 N.Y.2d 137; 527 N.E.2d 274; 1988 N.Y. LEXIS 1686; 531 N.Y.S.2d 791; 28 ERC (BNA) 1173, May 31, 1988, Argued, July 12, 1988, Decided
Overview: Represented the major industries which made use of Niagara County Sewage Treatment Plant in litigation and negotiations about reconstruction of the failed plant and allocating costs.

OCCIDENTAL CHEMICAL CORPORATION vs. New York STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Sup. Ct. (New York), A.D.3d Dept., 114 A.D.2d 233; 499 N.Y.S.2d 221; 1986 N.Y. App. Div. LEXIS 49974, (February 20, 1986)
Overview: Challenge to government agency imposition of regulatory fees after release granted by agency in settlement of litigation which included substantial payment to the agency.

OCCIDENTAL CHEMICAL CORPORATION vs. New York STATE ENVIRONMENTAL FACILITIES CORP., Sup. Ct. (New York) A.D.3d Dept., 113 A.D.2d 4; 494 N.Y.S.2d 517; 1985 N.Y. App. Div. LEXIS 52044, (October 31, 1985)
Overview: Challenge to state funding authority denial of tax exempt financing for environmental clean up

PEOPLE vs. HARRIS CORP., Sup. Ct. (New York), A.D.3d Dept., 104 A.D.2d 130; 483 N.Y.S.2d 442; 1984 N.Y. App. Div. LEXIS 20221, (November 29, 1984)
Overview: Criminal environmental case

STATE OF NEW YORK vs. TOWN OF OYSTER BAY, OCCIDENTAL CHEMICAL CORPORATION, CERRO WIRE & CABLE CORP,, MARMON GROUP,GRUMMAN AIRCRAFT CORP. et al. (BETHPAGE LANDFILL), U.S.D.C. E.D.N.Y. 83 Civ. 5357 (U.S.D.J. Charles P Sifton)
Overview: Negotiation and resolution representing an industrial client involving claims for CERCLA response costs by the State of New York and a municipality, claims for contribution among defendants and defendants’ third party claims against a very large number of haulers and generators. Activities included organizing negotiations involving the physical presence of 100’s of people and designing of groups of parties with sufficient common interests to reach settlement.

SCHENECTADY CHEMICALS, INC. vs. FLACKE, Sup. Ct. (New York), A.D.3d Dept., 83 A.D.2d 460; 446 N.Y.S.2d 418; 1981 N.Y. App. Div. LEXIS 15509, (December 23, 1981)
Overview: Successfully overturned mining permit which affected a municipality’s underground water supply.

Labor Proceedings (pre-1980)

ASSOCIATION OF NEW YORK STATE CIV. SERV. ATTYS. vs. HELSBY, Ct. of App.(New York), 27 N.Y.2d 972; 267 N.E.2d 276; 1970 N.Y. LEXIS 914; 318 N.Y.S.2d 502, Argued, November 9, 1970, Decided, December 10, 1970.
Overview: Labor case

NUMEROUS GRIEVANCE ARBITRATION, NEGOTIATION MEDIATION, IMPASSE FACT FINDING PROCEEDINGS.
Overview: Involved 10 to 180,000 employees and represented government and private employers.
Numerous complex labor negotiations, mediation, arbitrations, impasse fact finding, drafting salary and pension legislation and labor contracts