Environmental litigation can pose a daunting challenge to businesses because of its potential complexity, expense, and long duration. Given the substantial costs and risks, many environmental disputes are resolved outside the courtroom through administrative proceedings, cooperation between affected companies and state or federal regulators, and agreements among parties potentially responsible for environmental contamination. Our lawyers have the experience and sophistication necessary to guide clients through all facets of complex environmental controversies, including negotiation with state and federal regulators, administrative agency proceedings, litigation in state and federal courts, appellate litigation, arbitration, mediation, and insurance coverage actions for environmental claims. Our clients include representatives of numerous industries, including oil and gas, chemical and fertilizer, transportation, education, health care, alternative energy, agriculture, timber, pharmaceutical, construction, real estate, food processing, manufacturing, and waste management. We represent private companies, governmental entities and municipalities, and academic and trade organizations. We've successfully assisted clients in a wide range of environmental litigation matters, including:
- Cost allocation, cost recovery/contribution, and natural resource litigation under CERCLA and similar state statutes.
- Litigation of contractual indemnification provisions.
- Defense of civil and criminal enforcement actions under federal and state environmental statutes.
- Recovery of insurance proceeds for environmental claims.
- Defense of citizen suits by private groups attempting to enforce federal and state environmental statutes.
- Negotiation and preparation of consent decrees under federal and state statutes.
- Challenging consent decrees under federal and state statutes.
- Toxic tort, trespass and nuisance, and property damage and personal injury litigation arising from environmental releases and conditions.
- Permit approval and challenge proceedings under various statutes, including RCRA, FIFRA, the Clean Water Act, the Clean Air Act, the Endangered Species Act, and other federal and state statutes.
We assist our clients in resolving environmental disputes without litigation. When litigation is necessary, however, our knowledge of environmental statutes and regulations and remedial technologies, our relationships with technical consultants and regulators, and our extensive experience in the courtroom, the boardroom, and administrative tribunals helps us obtain the best possible results for our clients.