Share and Download Environmental Litigation and Mass Torts
Key Contacts
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Environmental Mass Torts and Class Actions
WilmerHale has deep and wide-ranging experience – and success – defending clients in environmental mass tort and class actions, whether filed after major environmental incidents or alleged long term releases of chemicals. Our team leverages the latest e-discovery tools, works seamlessly with highly qualified and tested technical experts, and litigates aggressively while identifying critical potential off-ramps. -
False Claims Act (FCA) in Environmental Contracting
Qui tam relators and the Department of Justice are increasingly focused on environmental contractors and projects in the FCA context. We have specialized expertise handling complex FCA matters arising at large environmental remediation sites and for environmental consultants that contract with multiple federal agencies. We draw on our extensive experience representing clients in FCA actions in myriad industries and leverage our bench of former prosecutors and Department of Justice lawyers to defend against FCA claims. We also represent clients in DOJ investigations into alleged FCA violations. -
Environmental Crimes
Companies and individuals facing criminal investigations or charges under environmental laws rely on our team of experienced trial lawyers, investigations attorneys and former prosecutors. We have helped clients defend, or avoid, alleged criminal violations of the Clean Water Act, Endangered Species Act, Lacey Act and other federal and state environmental laws. We take pride in our ability to effectively communicate with prosecutors during investigations and even after charges are filed, and have obtained declinations and dismissals in both federal and state matters. -
Environmental Accidents, Spills, and Releases
Clients turn to us for their most consequential cases, following major environmental incidents such as explosions, accidents, derailments, and catastrophic releases. We also handle complex environmental litigation for clients facing liability under Superfund and hazardous waste laws for legacy releases and contamination. In connection with these matters, we provide critical compliance counseling for companies seeking to minimize their future exposure and mitigate potential penalties.
Experience
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Environmental Mass Torts and Class Actions
- Representing Norfolk Southern following the February 2023 train derailment in East Palestine, Ohio. These representations include defending against class action lawsuits and federal and state enforcement actions, providing comprehensive and sophisticated strategic and legal advice on environmental topics, and preparing executives for congressional testimony.
- Represent a party in numerous climate change lawsuits brought by state Attorneys General and local governments against a variety of oil-and-gas industry defendants in state and federal courts. These mass tort cases generally seek damages for climate change impacts allegedly caused by defendants’ roles in the production and promotion of fossil fuel products over decades.
- Defending Tetra Tech against thousands of individual claims alleging exposure to contamination at Hunters Point Naval Shipyard.
- Represented oil company in toxic tort litigation involving hundreds of plaintiffs, while defending company in civil and criminal actions filed by the Department of Justice.
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False Claims Act/Environmental Contractors
- Defending Tetra Tech and affiliates in complex and wide-ranging FCA, environmental and private tort litigation arising from the remediation of Hunters Point Naval Shipyard, a former US Navy facility.
- Successfully represented RPS Group in an FCA investigation by the Department of Justice, achieving a favorable settlement for the client.
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Environmental Crimes
- Defended individual against criminal charges under the Endangered Species Act and Lacey Act, obtaining dismissal of all charges by the Department of Justice.
- Represented public agency in federal criminal investigation of alleged violations of the Clean Water Act and reporting laws. No charges were filed.
- Represented company and its employees in federal criminal investigation of alleged violations of the Endangered Species Act relating to the importation and sale of listed species. No charges were filed.
- Represented individual in federal criminal investigation of alleged violations of Section 404 of the Clean Water Act for unlawful filling in waters of the United States. No charges were filed.
- Represented individual in federal Clean Water Act prosecution for alleged falsification of reports and unlawful discharges to water. Obtained reduced Sentencing Guidelines calculation based on ambiguities in discharge permit.
- Represented chemical company in parallel criminal/civil and state/federal investigation for labeling and marketing violations under pesticide laws. Resolved case via misdemeanor plea.
- Represented employee in investigation and prosecution under the Act to Prevent Pollution from Ships for alleged dumping of oil in ocean. Charges were dismissed.
- Represented company in state prosecution for failure to file updated California Hazardous Materials Business Plan. Resolved case via plea agreement to an infraction.
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Environmental Accidents, Spills, and Releases
- Representing Norfolk Southern following the February 2023 train derailment in East Palestine, Ohio. These representations include defending against class action lawsuits and federal and state enforcement actions, providing comprehensive and sophisticated strategic and legal advice on environmental topics, and preparing executives for congressional testimony.
- Represented BP in the wake of the Deepwater Horizon offshore drilling accident in the Gulf of Mexico, leading the company’s response to an unprecedented number of inquiries, including 15 hearings and investigative demands by more than 90 committees and members and investigations by multiple governmental entities as well as representation before the Chemical Safety Board and the Department of Justice.
- Representing a chemical company in cost allocation proceedings related to cleanup costs incurred at a Superfund site in Kentucky.
- Representing a chemical manufacturer in investigations by the CSB, OSHA, EPA and state environmental agencies arising from chemical releases at multiple facilities.
- Representing a Fortune 500 utility company facing a federal criminal inquiry, federal and state regulatory inquiries, congressional demands, and civil litigation following a major explosion.
- Representing an international oil and gas company in litigation regarding the remediation of chemical contamination in a New Jersey River, one of the largest cleanups in the United States.
- Defending a major retailer in a hazardous waste investigation and enforcement action brought by a group of California district attorneys.
- Represented artisan meat processing plant in connection with an anhydrous ammonia leak which led to multiple governmental investigations, enforcement actions, and private personal injury litigation.
- Defended individuals in connection with claims of improper disposal of hazardous chemicals at the Santa Susana Field Laboratory.