Environmental Litigation

Environmental Litigation, Including Superfund and Toxic Torts

Holland & Knight’s environmental attorneys regularly litigate environmental cases in state and federal courts and before administrative law judges. Our lawyers have successfully argued challenges to permits and regulations under the Clean Air, Clean Water and Endangered Species Acts, sought injunctive relief under RCRA and the common law for damages caused by petroleum releases, have obtained damages for environmental claims under the Federal Tort Claims Act, and have defended clients in enforcement actions taken by federal and state environmental regulatory agencies and the Department of Justice.

We are intimately familiar with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). We have counseled lenders, developers, corporations and municipalities about potential liability under the Superfund regulatory programs, including the “innocent landowner” defense, successor liability, lender liability, cost allocation, indemnification, contribution protection, natural resource damages and similar issues.

Our attorneys also represent clients facing criminal prosecution under state and federal environmental laws, a growing area of concern to the regulated community.

For example, we have:

• represented numerous defendants in national and local MTBE and underground storage tank litigation
• represented numerous defendants in various federal and state CERCLA cost recovery and indemnity actions seeking contribution for remediation and response costs
• successfully obtained seven figure settlement in Federal Tort Claims Act (FTCA) lawsuit against the U.S. for damages resulting from burial of high explosive and chemical weapons during World War I in a neighborhood that was later developed into luxury housing
• successfully represented defendants in long-running toxic tort lawsuits in California alleging damages from groundwater contamination and obtained very favorable settlements
• been retained by the Spanish government to pursue billion dollar environmental damage claims arising from the sinking of the tanker Prestige off the coast of Spain in 2003 in New York federal court
• represented clients in state courts and in administrative proceedings involving state regulatory enforcement actions , as well as in federal court on EPA enforcement actions
• represented clients in contractual disputes over cleanup responsibilities and costs associated with cleanup, and represented clients in similar types of disputes involving whether a site’s environmental status was misrepresented

Environmental Health and Safety

We assist clients in complying with various federal and state laws pertaining to environmental health and safety. Our attorneys are experienced in providing advice on Emergency Planning and Community Right-To-Know Act (EPCRA) reporting requirements, Occupational and Safety Health Act (OSHA) regulation of exposure to toxic chemicals or excessive noise levels, and Toxic Substances Control Act compliance filings.

For example, we have:

• defended clients in “toxic tort” actions involving contaminated groundwater
• defended clients who have received Notice of Violations under various environmental statutes, including for alleged violations of the Emergency Planning and Community Right-to-Know Act
• defended clients facing criminal prosecution under various environmental laws
• provided advice and assisted clients in responding to citations received from the Occupational Safety and Health Administration
• defended a client in an action for alleged violation of state noise standards
• advised clients under the Toxic Substances Control Act (TSCA) regarding asbestos and polychlorinated biphenyls