H. Carl Horneman

REPRESENTATIVE MATTERS

• Mr. Horneman has handled numerous remediation projects and/or cost recovery claims governed by CERCLA, RCRA and state counterpart programs and state Brownfield programs.  He has defended enforcement actions and citations issued by and negotiated environmental permits with Kentucky, Indiana, Ohio, Tennessee, Alabama and Illinois agencies, and U.S. EPA, and has counseled facilities throughout North and South America on compliance with environmental and worker health and safety requirements.  He also has extensive experience counseling clients on environmental liabilities in business and real estate transactions, and negotiating terms to allocate those liabilities.  Some representative matters include:
• General Electric Lighting v. Koncelik – This was a successful challenge by General Electric Lighting to an operating restriction that Ohio EPA sought to impose through a Title V permit, and led to settlement of similar challenges to operational restrictions imposed in two other Title V permits.
• General Electric Company, Appliance Park Correct Action Order – Negotiated a state RCRA Corrective Action Order for a 1,000 acre manufacturing site in Louisville, Kentucky with over 140 Solid Waste Management Units and Areas of Concern.
• Ninth Avenue Site, Gary, Indiana – Represented a PRP at this National Priority List Superfund Site where difficult allocation issues and large potential costs required creative solutions.
• Smith’s Farm, Brooks, Kentucky – Represented the second largest PRP at this National Priority List Superfund Site consisting of two operable units.
• Smith v. Rockwell International Corp. – This was a toxic tort action filed in a Kentucky court by individuals claiming personal injury caused by alleged groundwater contamination from a manufacturing plant adjacent to their residence. The case was removed to federal District Court and settled during a several week jury trial.
• Kentucky Natural Resources and Environmental Protection Cabinet v. Rockwell International Corp. – This is a civil action to compel cleanup of polychlorinated biphenyls that escaped from an aluminum die casting manufacturing plant and to recover penalties. Remedial costs for the project have exceeded $70MM.

REPRESENTATIVE CLIENTS

• General Electric Company
• Masonite Corporation
• GEXPRO
• Rockwell Automation, Inc.
• University of Louisville