Capabilities
Environmental

Litigation & Toxic Torts

Effectively defending against complex environmental litigation or enforcement actions takes more than deft motions and courtroom maneuvering. Our deep bench of environmental litigators combines district, trial, and appellate court experience with the deep regulatory know-how that comes from prior senior-level government positions at US EPA, US DOJ, and other enforcement agencies to achieve results for our clients.

Our Environmental practice is renowned for the sophisticated nature of our work: including defending BP in precedent-setting matters resulting from the Deepwater Horizon oil spill incident, significant enforcement actions, high-profile toxic tort class actions, and novel cases involving climate change and public nuisance issues. We bring a wealth of litigation experience in every aspect of federal and state environmental law including rulemaking, permits, enforcement, hazardous substances and toxic wastes, chemicals and pesticides, Superfund and NRD liability, climate change and public nuisance, contaminated property, citizen suits, and air and water issues.

Our team has an established reputation serving as lead or national counsel in complex toxic tort litigations. We are known for developing innovative ways to defeat class actions and have prevailed in cases seeking medical monitoring, property damage, and other claims by thousands of plaintiffs. We represent businesses with current operations or legacy liabilities involving diverse chemicals and other contaminating materials.

Experience

BP Historic settlement of Deepwater Horizon claims

Negotiated the consent decree to settle all federal and state environmental claims related to the Deepwater Horizon oil spill.

The Mosaic Company Settlement of major EPA enforcement action

Successfully negotiated a complex settlement of RCRA action.

Honeywell Baker et al. v. Saint Gobain Performance Plastics Corp. et al.

Lead toxic tort counsel in class action and toxic tort suits in Hoosick Falls, NY.

Reckitt Benckiser d-Con litigation

Represented client in EPA’s efforts to cancel Reckitt’s popular d-Con rodenticides and in challenging the California Department of Pesticide Regulation’s effort to restrict consumer uses of  the products in California

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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Recognition

Chambers USA
Environment (2005-2017)
Shortlist – Awards for Excellence in Environment (including Climate Change) (2014, 2016)
The Legal 500 US
Environment: Litigation (2009-2017)
Environment: Regulatory (2016-2017)
Arnold & Porter LLP received the 2015 Award for its Litigation - Product Liability Defense practice. Each year The Legal 500 US editors recognize one law firm as the leader in this practice area and eleven others based on the opinions of in-house lawyers interviewed. The editors of The Legal 500 noted that Arnold & Porter's Product Liability practice has "strong credentials acting as both strategic and trial counsel for an impressive array of clients." The award follows the release of The Legal 500 US's annual guidebook, which recognized 95 Arnold & Porter attorneys and 30 practice areas.
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