Our nationally recognized environmental and toxic tort lawyers represent corporate clients in a variety of toxic tort and environmental litigation, ranging from acting as lead or local counsel in specific cases to coordinating litigation nationwide. This team also provides regulatory representation for a diverse range of industrial clients on current or potential enforcement and compliance issues.
Toxic Tort Litigation
We have defended numerous toxic tort cases concerning exposure to chemicals and environmental agents that lead to claims of personal injury (including death), medical monitoring, fear of future illness and damages to real property. These cases arise from exposure to chemicals from such diverse sources as workplaces, products, air emissions, hazardous material releases, explosions/accidents and food. The nature of these cases range from class actions to a single plaintiff. The Group has extensive experience in substantive areas of importance to toxic tort litigation such as toxicology, epidemiology, chemical fate and transport and modeling and has represented clients in cases involving various chemicals and environmental agents. We have particular experience with Agrichemical Litigation and Environmental Emergencies.
Environmental Litigation
We also engage in a wide variety of environmental litigation, including defending federal and state civil and criminal actions, defending and prosecuting private cost recovery actions and defending citizen suits.
Our lawyers have significant experience litigating environmental claims between corporations. These claims often arise as a result of disputes over contractual obligations between the parties, as well as under federal and state statutes. Our lawyers have extensive experience defending clients in matters involving hazardous substance and waste generation, chemical fate and transport, air and groundwater modeling and source determination.
We have also represented clients in numerous administrative hearings and proceedings and, when necessary, have pursued judicial review of adverse administrative decisions.
Environmental Regulatory Experience
Clients also rely on our insights on the numerous federal and state environmental regulations confronting industry. These insights are informed by decades working with and against the EPA and state agencies, and provide critical awareness of the current and future governmental regulatory initiatives and rulemakings. This team also works directly with federal and state lawmakers to resolve client issues.
Womble's Environment Team has participated in some of the era's most high-profile and complex environment and natural resources rulemaking processes, covering energy policy, air quality, water quality, and species, among other subjects.
We leverage our deep subject-matter knowledge to successfully litigate high-stakes and precedent-setting cases and appeals. Our environmental lawyers have a perspective that can only come from decades of working with and against state and federal agencies. Along with having substantial regulatory experience and scientific knowledge, our team excels at defense strategy in advance of and during litigation matters.
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Our Clean Environment and Natural Resources Litigation Attorneys
Our Environment and Natural Resources Litigation Attorney Services
Womble Bond Dickinson’s environmental lawyers have appeared before administrative agencies and state and federal courts nationwide, including appellate courts and the United States Supreme Court. Our team’s subject matter knowledge covers the full spectrum of environmental matters in most industries, including power transmission, oil and natural gas, mining, manufacturing, refinery, food and beverage, pharmaceutical, and waste management.
Our nationwide environmental practice covers all legal disputes: representing clients in federal and state civil and criminal actions, defending and prosecuting private cost recovery actions, and defending citizen suits. Our group is nationally recognized for our experience in air quality, hazardous substance and waste generation, chemical fate and transport, air and groundwater modeling, and source determination.
Experienced in Advocacy
Enforcement and enforcement defense actions, including administrative hearings, judicial reviews, and appeals
Constitutional, statutory, and administrative law questions
Appellate litigation
Amicus Curiae
Criminal prosecutions and grand jury investigations
Single-plaintiff citizen suits
Private cost recovery private cost recovery litigation under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and corresponding state laws
Contamination and damage claims caused by leaking underground storage tanks (UST)
Disputes between corporate parties, often because of missed contractual or statutory obligations
Class action and non-class action toxic tort litigation, including climate change litigation
Across all subject areas, our team distills complicated questions of law and fact to their essence and presents them in clear and compelling briefs and oral arguments. With expansive environmental and complex litigation practices at our firm, we are well-suited to serve as local, lead, and coordinating counsel in environmental matters nationwide.
Understanding US Environmental Regulations
Because of our team’s broad range of experience, we are familiar with most federal, state, and Tribal environmental laws in the United States. We frequently litigate matters involving air and water quality, protected species, Superfunds, hazardous waste, and public lands, among other environmental issues.
Clean Air Act (CAA)
National Environmental Policy Act (NEPA)
Compensation and Liability Act (CERCLA or Superfund)
Resource Conservation and Recovery Act (RCRA)
Clean Water Act (CWA)
Pipeline and Hazardous Materials Safety Administration regulations
National Historic Preservation Act (NHPA)
Endangered Species Act (ESA)
Comprehensive Environmental Response
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Represented Kinder Morgan, Inc. in briefing before the Supreme Court seeking a stay pending appeal of the Good Neighbor Plan, a major EPA rule regulating emissions of nitrogen oxides from a diverse set of industries including natural gas pipelines. The Supreme Court granted the request after hearing oral argument on the issue in February 2024. This was one of only a handful of times where the Supreme Court has held oral argument on an application for a stay in the past 40 years. Assisted in drafting briefs on the merits of the rule before the United States Court of Appeals for the D.C. Circuit.
Filed an amicus brief in the Seventh Circuit in support of Energy Transfer’s motion to stay the Good Neighbor Plan pending judicial review (Energy Transfer LLP v. EPA, 7th Cir. Case Nos. 23-2510 & 2511).
Lead counsel representing a chemical manufacturer in multidistrict litigation brought against the entire supply chain involved in per- and polyfluoroalkyl substances (PFAS) and aqueous film-forming foam (AFFF). The litigation involves nearly 2,000 separate lawsuits filed by individuals, states, municipalities, and private companies alleging product liability, personal injury, trespass, nuisance, and environmental contamination claims.
Negotiated settlement with the United States Department of Justice (DOJ) of material clean air act violations alleged by the United States Environmental Protection Agency (US EPA). Worked with the client to investigate allegations, supervised the development of corrective action programs, responded to the federal complaint, and lead extensive negotiations with both DOJ and USEPA to resolve what was potentially a $114,648,768.00 down to less than a $700,000 settlement. To achieve this result, Womble specifically requested that we employ the agency’s recently re-instated supplemental environmental project settlement policy, which ultimately creates benefits for the local community, improves overall safety and compliance at the facility, and further reduced the ultimate fine.
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