Environmental Enforcement and Litigation

Environmental Enforcement and Litigation

With experience from the nation’s largest environmental cases, we guide clients through the life cycle of environment, health and safety, energy, climate change, and natural resources challenges.

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Environmental Justice in the Biden Administration

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COVID-19: OSHA Workplace Safety Guidance and Forthcoming Rules and Enforcement

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Experience

  • Representing a chemical manufacturer in investigations by the CSB, OSHA and state environmental agencies arising from chemical releases at multiple facilities.
  • Defending a client in a federal Clean Water Act (CWA) criminal investigation resulting from an oil spill in Louisiana.
  • Advising on a broad range of litigation, investigation, and crisis management and strategic response issues in connection with a natural gas explosion.
  • Representing an international oil and gas company in litigation regarding the remediation of chemical dumping at a New Jersey river, one of the largest cleanups in the United States.
  • Retained by BP in the wake of the Deepwater Horizon offshore drilling accident in the Gulf of Mexico to lead the company’s response to an unprecedented number of inquiries, including 15 hearings and investigative demands by more than 90 committees and members and investigations by the Department of Justice, the Securities and Exchange Commission, the National Oil Spill Commission, the Chemical Safety Board and the National Academy of Engineers.
  • Representing a mining company in multifaceted litigation involving project opponents and the federal government over mineral rights on public lands, including advising on public policy issues.
  • Representing a Fortune 500 utility company facing a federal criminal inquiry, federal and state regulatory inquiries, congressional demands, and civil litigation following a major explosion.
  • Representing seven national, state and local environmental and conservation groups as parties to the successful mediation and settlement of the 30-year-long Black Canyon of the Gunnison water rights litigation.
  • Representing a major California water district in National Environmental Policy Act and Endangered Species Act litigation regarding a Bureau of Reclamation water project.
  • Representing a publicly traded ski company in a dispute over the possession of ski terrain at a resort; won summary judgment dismissing the resort’s claim that its lease should be extended and claims of alleged violations of a right of first refusal and prohibition on sale.
  • Serving as development and litigation counsel for resort, hotel, residential condominium and retail developers throughout the United States, providing strategic counseling related to siting; federal, state and local permitting; environmental regulatory obligations; and community involvement.
  • Providing counseling and litigation support to a large defense contractor on environmental legal and compliance matters, including CWA issues, and evaluation and resolution of a contaminated property cost recovery claim.
  • Defending a major retailer in a hazardous waste investigation and enforcement action brought by a group of state district attorneys, and developing an internal compliance strategy for the client’s facilities across the state, including for e-waste management.
  • Advising a products supplier in an enforcement action brought by OSHA and successfully defending that client in administrative appeals.
  • Representing clients in OSHA enforcement actions, including responding to notices of violation related to reporting, recordkeeping and other workplace safety requirements.
  • Successfully defending a major electronics manufacturer against allegations of environmental, health and safety compliance violations.
  • Providing litigation defense, as well as strategic regulatory and permitting advice, regarding the expansion of a complex waste management facility.
  • Developing comprehensive litigation strategies to respond to agency decisions regarding pending permits and approvals on behalf of mining companies.
  • Representing a consortium of state agencies in controversial administrative litigation involving a nuclear power plant and myriad stakeholders.
  • Defending a financial services company against electric market manipulation charges asserted by the Federal Energy Regulatory Commission.
  • Counseling government entities, including a US state, a state capital and other related entities in multistate water rights litigation involving the US Army Corps of Engineers.
  • Representing an automaker in a precedent-setting agreement with California, 13 other states and four other automakers to reduce vehicle greenhouse gas emissions, and as intervenor in related litigation in the DC Circuit.
  • Advising a major waste handling company in a CWA citizens’ suit regarding whether discharges that flow through groundwater and eventually reach surface waters come within the jurisdiction of the federal CWA under recent US Supreme Court precedent.

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