Manufacturing, mining, industrial processing and other regulated facilities must be prepared to address and favorably resolve governmental administrative actions and public and private judicial disputes arising from environmental compliance and remedial responsibilities. We recognize that the best approach to these issues is by understanding the client’s business needs and desires and crafting solutions that resolve government and private concerns while providing the client with the benefit of certainty in resolution and flexibility in operational decisions.

Recognizing that the costs of the remediation or operational compliance are usually more critical than a lengthy battle over legal liabilities, we pride ourselves in distilling the critical big picture issues early and protecting the client’s ability to effectively operate its business. Our attorneys include former governmental prosecutors who understand the forces motivating governmental actions, and lawyers with extensive involvement in all types of environmental disputes that can efficiently and effectively achieve client goals while minimizing transaction costs when clients are faced with enforcement actions.

Our attorneys have over a combined 300 years of experience involving complex environmental issues that include:

  • Permit negotiations and violations
  • Prosecution or defense of environmental-related civil/criminal enforcement actions, citizen suits, class action and multi-jurisdictional judicial actions brought before state and federal courts, and/or administrative bodies
  • Toxic exposures
  • Industrial accidents
  • Regulatory ignorance or mistakes
  • Natural resource damages
  • Predecessor or successor liability
  • Enforcement of contractual indemnifications
  • Superfund litigation
  • Insurance coverage for environmental cleanups
  • Defense of Mine/Occupations Safety and Health Act citations
  • Defeating imposition of erroneous regulatory and legal interpretations by regulators
  • Representation of a large concrete and ready mix manufacturer regarding the defense of allegations pertaining to numerous violations of the Emergency Planning and Community Right-to-Know Act (EPCRA), Resource Conservation & Recovery Act (RCRA) and the Clean Water Act (CWA) at multiple facilities brought by the U.S. EPA in federal court.
  • Representation of private water supplier regarding the defense of allegations of RCRA violations for waste handling and disposal brought by the State of Arizona in state court.
  • Representation regarding a wide variety of environmental issues arising from railroad operations, liabilities arising from railroad track ownership and easements, as well as historical usage.
  • Representation of land owner in the prosecution of claims for water degradation and reduced volume against Fortune 500 energy company in state court.
  • Representation regarding the defense of an air enforcement matter brought by the state alleging excess emissions and violations of the Prevention of Significant Deterioration (PSD) rules and the National Emission Standards for Hazardous Air Pollutants (NESHAPs) for miscellaneous organic chemical manufacturing.
  • Representation of several industrial clients in various states regarding multi-party and class actions for toxic tort and environmental contamination cases, involving insurance companies, property damage, chemical exposures, personal injury and water contamination.
  • Representation regarding enforcement matters, permitting issues, as well as prosecution against other parties pertaining to responsibility for flood damages resulting from mining operations and involving complex hydrologic impacts from years of mining in waters of the U.S.
  • Representation of the Government of Kuwait in its multi-billion dollar claims against the Government of Iraq for the environmental damage resulting from Iraq's 1990-1991 invasion and occupation of Kuwait, including damage associated with unexploded ordnance, widespread disturbance of Kuwait's sensitive desert environment, and the largest releases of crude oil in history.
  • Representation of a chemical manufacturer in interconnected federal and state enforcement and permitting actions threatening the viability of its largest production facility, successfully contesting adverse agency actions and ultimately negotiating a constructive long-term resolution of all issues.
  • Representation of a small water company seeking a rate emergency increase before the Arizona Corporation Commission.
  • Representation of a former owner/operator in a cost recovery action brought by the U.S. Department of Justice under the federal Oil Pollution Act (OPA).
  • Representation regarding the defense of CERCLA cost recovery and contribution claims brought by the U.S. Forest Service through administrative action alleging contribution to historical radioactive contamination at the Grand Canyon National Park.
  • Representation of a municipality in the defense of citizen suits under RCRA arising out of the breach of a municipal landfill located on tribal lands.
  • Representation of several manufacturing clients in a matter involving over 50 other defendants regarding claims under CERCLA relating to the clean-up of groundwater and wells for an irrigation district.
  • Representation regarding defense of allegations of numerous Clean Air Act (CAA) violations brought by the U.S. EPA in federal court; as well as defense of similar claims brought by the county in state court.