Environmental Litigation

We help clients navigate through the ins and outs of environmental litigation by removing hurdles and delivering predictable, efficient resolutions to keep their businesses moving forward.

Our approach

Compliance with environmental laws represents a significant set of commitments and potential liabilities—not only for manufacturers, but for any enterprise that occupies land or uses natural resources.

We represent clients every day in civil and criminal litigation matters arising under local, state and federal environmental statutes. We know the ins and outs. We’re ahead of the curve and achieve landmark successes for clients in toxic tort, oil spill compensation and enforcement cases.

We have a reputation for handling complex, multi-party suits.

Our team has a high profile as Superfund common counsel and represents clients at numerous state and federal Superfund sites. And, as always, we seek alternatives to costly litigation through arbitration and mediation when it’s in our clients’ best interests.

We focus on success. And it’s proven through our defense and prosecution claims, recovering favorable awards and saving clients millions of dollars in pay-outs and transaction costs.

From verdict to judgment, settlement or claim withdrawal—our attorneys successfully litigate a vast range of environmental matters on behalf of clients, with over 100 reported judicial opinions in environmental cases under our belt.

We work with

  • Manufacturers
  • Universities
  • Electric, gas and water utilities
  • Energy companies
  • Hospitals and medical centers
  • Oil refiners
  • Waste management companies

Recent experience

  • Represent the Puerto Rico Electric Power Authority in a D.C. Circuit challenge to EPA’s electric utility mercury and air toxics standards.
  • Represented Covanta Energy in resolving two Clean Air Act citizen suits in New Jersey.
  • Defended a client as lead counsel in connection with a civil investigation that evolved into litigation by the Massachusetts Attorney General’s Office claiming that the client falsely claimed reimbursements and illegally obtained millions of dollars from the state underground storage tank fund for cleanup projects at dozens of gasoline service stations.
  • Defeated class certification and defended underlying lawsuit in asbestos toxic tort action.
  • Advise major oil refiners in toxic tort and related litigation concerning MTBE.
  • Represented a real estate developer in RCRA litigation concerning petroleum contamination.
  • Represented a manufacturer in claims arising from a radiation release at a smelting facility.
  • Successfully defended the Athens Generating Plant’s Article X Certificate in New York State court and its Army Corps of Engineers permit in U.S. District Court.
  • Successfully litigated, in federal District Court and the Third Circuit, a major enforcement matter arising from EPA’s challenge to a PSD permit issued by Pennsylvania to a six-unit gas turbine cogeneration facility.
  • Represent an energy company in litigation relative to decisions made by New York State agencies that affect a client facility.

Clean Energy Market Shift and Politics Push U.S. Grid Expansion

Engineering News-Record | November 02, 2020

This story about boosting U.S. transmission capacity to integrate a growing backlog of renewable power projects into the grid quotes a recent Bloomberg Law article written by Albany partner Pete Trimarchi and associate Dana Stanton, and Rochester associate Sarah Lobe, all of the Environmental and Land Use team.

  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Three attorneys recognized as “Lawyer of the Year” for Environmental Law by Best Lawyers
  • Recognized by Chambers USA: America’s Leading Lawyers for Business in New York and Massachusetts for Environmental Law
  • Several members ranked by Best Lawyers or Super Lawyers
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