Kerry Dziubek is a trusted adviser with over 20 years of experience assisting clients with strategic assessment and management of complex environmental issues in litigation, regulatory compliance, and business and real estate transactions. She has extensive experience with contaminated sites issues, including site investigation, remediation, natural resource damages, site-related litigation, and governmental and community relations. She has litigated RCRA, CERCLA, toxic tort suits, citizen suits, environmental review and land use matters. She counsels clients on facility compliance issues involving permitting and regulatory inquiries relating to air, wastewater, stormwater, solid and hazardous materials management and disposal, occupational health and safety matters and clean energy initiatives. She advises clients on managing environmental issues in corporate transactions, including mergers, acquisitions, divestitures, debt financing and real estate transactions.

In addition to her environmental litigation practice, she has broad experience representing clients, including financial institutions and consumer product manufacturers, as well as litigating a wide variety of securities, white collar, product liability, unfair trade practices, commercial and trademark cases in federal and state trial and appellate courts and administrative and arbitration fora. She counsels clients on risk mitigation strategies, internal investigations, corporate compliance, and training.

Ms. Dziubek also has significant experience in developing and implementing brand protection strategies. She has assisted clients in working with prosecutors and law enforcement regarding illicit trade investigations, engaging with regulatory agencies on substantive initiatives, and developing trade policies and programs.

Ms. Dziubek co-chairs the firm's new associate mentoring committee, and serves on the firm's Women's Initiatives for Success and Empowerment committee. She helped develop Arnold & Porter's New York WomenConnect programs, which provide a forum for the firm's women attorneys and senior-level clients to discuss challenges facing professional women, with a strong focus on practical solutions and advancement.

Ms. Dziubek has represented clients on a pro bono basis in matters involving First Amendment and right-to-counsel claims, immigration law, and environmental compliance issues. She served for many years on Arnold & Porter's Pro Bono Committee.

Experience

  • Fortune 100 company in managing remediation portfolio issues relating to one of the largest NPL sites in the nation, including with respect to requirements under consent decree resolving natural resource damages claims
  • Manufacturer in ongoing remediation efforts at multiple federal NPL and state superfund sites
  • Industrial client in allocation dispute concerning environmental liability for former munitions manufacturing site
  • Multinational company in successful resolution of cost recovery litigation relating to legacy environmental exposures from World War II operations
  • Industrial client in successful resolution of Clean Water Act citizen suit relating to alleged stormwater discharges from operating facility
  • Global engineering and construction company in the successful resolution of class action, wrongful death, personal injury and individual property damage lawsuits concerning exposure to trichloroethylene (TCE).
  • Municipalities in litigation of environmental compliance issues relating to land use permits.
  • Manufacturing concern in successful resolution of personal injury and product liability litigation arising out of industrial machinery accident.
  • Pharmaceutical company in hundreds of product liability cases pending in state and federal courts arising from opt-outs of national class action settlement.
  • Muslim congregation in litigation challenging a local government's amendment of its zoning laws to prevent siting a mosque in the community.

Perspectives

Minnesota's Groundbreaking TCE Ban
Advisory
Environmental Financial Assurance After COVID-19
Coronavirus: Environmental Advisory
NJ Spill Act May Now Include Right to Compel Enviro Sampling
Published by Appellate Law360, Engery Law360, Environmental Law360, Public Policy Law360, and Real Estate Law360
Has New Jersey’s Site Remediation Reform Act Ushered in a Dramatic Expansion of Spill Act Liability?
Advisory

Credentials

Education
  • BA, Marquette University, 1991
  • JD, University of Chicago Law School, 1997, with honors
Admissions
  • New York
  • US Court of Appeals for the Second Circuit
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York
  • US District Court, Northern District of New York
Overview

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