Environmental Litigation

Our lawyers have experience in all aspects of environmental litigation including:

  • CERCLA (cost recovery and contribution)
  • RCRA-related actions
  • NEPA
  • Clean Water Act (EPA rules, relating to permits)
  • Air Quality (challenges to SIPs, relating to permits)
  • Endangered Species Act
  • Historical Preservation Act
  • Citizen Suits and Private Attorney General Actions
  • Nuisance/Trespass Actions
  • Toxic Tort, including Class Actions
  • Insurance Coverage
  • State EPA enforcement actions
  • BLM and U.S. Forest Service land decisions and planning

Our recent Environmental and Natural Resources Litigation work includes:

  • Representing a client in a federal lawsuit against the state engineer of Nevada for violations of substantive and procedural due process.
  • Representing clients in CERCLA and RCRA cost recovery.
  • Representing insurers in environmental liability cases and coverage disputes.
  • Defending companies in toxic tort cases and product liability cases.
  • Representing the country's largest copper mining company in toxic tort and environmental litigation in a complex, multiple-party series of cases that lasted nearly two decades, including two interlocutory appeals and defense against a class action, with a settlement achieved as the case was being prepared for trial.
  • Representing a major jet plane manufacturer in environmental litigation focusing mostly on complex issues relating to corporate successorship, achieving a highly favorable settlement after filing a successful motion for summary judgment following years of discovery.
  • Representing one of Arizona's largest cities in a complex case involving issues relating to the construction and maintenance of a landfill, resulting in a highly favorable settlement before trial, following the filing of several dispositive motions.
  • Representing a sand and gravel producer in appealing an enforcement action involving an air quality permit issue.
  • Representing a water company in an action brought by the Bureau of Land Management where we convinced the regulatory agency that our client was not required to obtain a supplemental EIS permit—saving the client millions of dollars and allowing their project to go forward.
  • Successfully defending a water company in an appeal against several environmental groups alleging NEPA violations involving our client's pipeline project.
  • Representing electric utility in litigation challenging EPA action on Regional Haze SIP.
  • Representing an Oil and Gas trade group in opposition to environmental litigation against state oil and gas agency that refused to begin rulemaking.