Capabilities
Environmental

Environmental Enforcement

Consistently recognized as a premier environmental litigation practice, Arnold & Porter excels at representing clients in high-stakes, complex environmental matters spanning the landscape of environmental law, including:

  • federal and state enforcement actions (both civil and criminal);
  • Contaminated sites across the US;
  • federal and state Superfund matters;
  • toxic torts, class actions and mass torts;
  • RCRA citizen suits;
  • air, water, wetlands and permitting litigation;
  • judicial review and appellate litigation; and
  • administrative hearings and proceedings involving chemicals, land use and development.  

Illustratively, we have served as lead environmental counsel to BP in connection with the Deepwater Horizon oil spill, with responsibility for legal issues related to BP's response and restoration efforts in the Gulf.

Nearly every member of our environmental practice is an experienced litigator; many have handled major US federal court and administrative cases involving significant environmental claims. We routinely serve as national coordinating counsel, and are commended for seamlessly providing strategic support and teaming with lawyers throughout the country.

We have represented clients in nearly every type of challenge in virtually every industry sector: petroleum, steel, automobile, mining, aluminum, powerplants, natural gas, chemicals, hazardous materials, climate change, coal, and waste management. Our experience ranges from federal NEPA requirements for new biotechnology products to citizen challenges to life-line permits to odor enforcement cases brought by state authorities against individual facilities. We handle a wide variety of Superfund litigation matters, and we regularly work with clients on cases against the Department of Justice (and state authorities), and national profile plaintiffs’ lawyers.

Our team also includes some of the leading environmental enforcement defense lawyers in the nation. We have extensive experience working with clients on voluntary disclosures, compliance and audit programs, and other strategies to minimize the risk of being an enforcement target. When needed, we advise clients on how best to deal with surprise site inspections and search warrants, seek settlements when appropriate or take cases through trial to successful outcomes.

Experience

The Mosaic Company Settlement of major EPA enforcement action

Successfully negotiated a complex settlement of RCRA action.

Foster Wheeler TCE groundwater plume litigations

Class action suit, individual property damages suit, and wrongful death action arising from a TCE groundwater plume allegedly emanating from former manufacturing facility

Honeywell International Inc. Tampa Toxic Tort Class Action

Defending against a purported 5,000 person class action, seeking property and other damages for alleged migration of TCE groundwater plume from former facility.

Atlantic Richfield Co. Uranium contamination

Defended large putative class action toxic tort matter related to copper mining operations

Whirlpool Corporation Day, et al. v. Whirlpool Corporation; and Kralicek and Flusche, et al. v. Whirlpool Corporation

Co-counsel in class and mass tort actions over TCE contaminated groundwater.

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Perspectives

Sovereign Immunity Protects New Jersey from Spill Act Liability
Advisory
Landmark White-Collar Crime Trials: Individual Prosecutions in Wake of Major Disasters
ABA Environmental-White Collar Crime Trials Program
Untangling CERCLA Divisibility and the Fox River Litigation
Arnold & Porter Advisory
Survey of 2014 Cases Under State Environmental Quality Review Act (pdf)

New York Law Journal, Volume 254, No. 5

9th Circ. Deepens Split Over Complex CERCLA Sites (pdf)

Environmental Law360. Also ran in Appellate Law360, California Law360, Energy Law360, Product Liability Law360 and Texas Law360.

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Overview

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