In Montana, historic industrial activities have resulted in significant pollution and contamination of industrial land and neighboring communities. Even today, there are many areas in the state where air, soil and groundwater are impacted by hazardous and toxic substances.
While the 1972 Montana Constitution ensures the right to a clean and healthful environment, and McGarvey Law works to make sure this promise by representing private property owners whose land has been contaminated. We use our decades of experience and our background working hand-in-hand with scientific experts to develop strong cases. Our goals are to ensure that private property owners are compensated for any contamination to their property, and that their land is cleaned up to its pre-contamination condition.
Recently, we have represented landowners adjacent to the former Somers Tie Treatment facility and the former Missoula White Pine Sash facility, both cases where industrial contamination seeped onto adjacent land.
Landmark Case Example:
Somers Clean Up
McGarvey Law obtained recoveries for property owners in Somers, Montana whose soil and groundwater were polluted by nearby railroad operations. Decades of wood treatment operations on BNSF’s railroad tie treatment plant without proper environmental management severely impacted neighboring properties. The Somers plaintiffs alleged that thousands of gallons of creosote, zinc chloride, benzene, toluene, and other toxic substances entered the soil, surface waters, and ground water around the Somers Tie Treatment Plant and migrated onto plaintiffs’ properties. The case involved extensive hydrogeological sampling and modeling as well as substantial legal and technical analysis.
White Pine Sash
McGarvey Law represented multiple property owners in Missoula, Montana in obtaining recoveries for damages incurred as a result of alleged soil and groundwater contamination of their properties as a result of decades of wood treatment operations on the neighboring White Pine Sash wood treatment facility. The Plaintiffs alleged that thousands of gallons of wood treatment chemicals entered the soil and ground water around the White Pine Facility and migrated onto and under Plaintiffs neighboring properties. The case involved extensive hydrogeological sampling and modeling as well as substantial legal and technical analysis.