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Environmental

Practices

Environmental Litigation

  • Defending citizen suits brought under the Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act (RCRA) against such diverse entities as a municipal airport, a rubber products manufacturer and a sanitary landfill.
  • Defending chemical manufacturing and aerospace companies in environmental, toxic tort and employee exposure cases.
  • Serving as common counsel in numerous Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) cases involving groundwater, surface water and stream sediment contamination.
  • Defeating proposed national class actions involving the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and other claims.
  • Defending and settling a federal court class action involving persistent chlorinated hydrocarbon contaminating 20 miles of a nearby stream.
  • Representing one of two defendants in the White River (Indiana) fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $50 million and federal criminal prosecution under the Clean Water Act.
  • Defending chemical, manufacturing and utility companies in federal and state enforcement actions under EHS laws.
  • Siting of landfills and defeating opposition by neighbors.
  • Defending claims relating to odor, noise, traffic and migrating offsite methane gas allegations made by hundreds of citizens living near a landfill.
  • Assisting a large manufacturer with structuring its reorganization plan to maximize the discharge of prepetition environmental liabilities resulting from confirmation of the plan.
  • Advising a major unsecured creditor during a Chapter 11 proceeding regarding appropriate valuation of the debtor’s prepetition environmental liabilities.
  • Defending natural resource damage claims in numerous states involving sediment, groundwater and related contamination
  • Defending and prosecuting multiphase CERCLA litigation, as well as litigation involving state equivalents of CERCLA.
  • Defending white-collar criminal cases involving plating and refinishing plants, the scrap and drum recycling industries, heavy manufacturing and chemical-handling facilities.
  • Representing a major air pollution control device manufacturer in response to third-party subpoenas in cases involving coal-fired power plants.