Find Lawyers in Buffalo, New York for Litigation - Environmental
Laurie Styka Bloom represents clients in complex and commercial litigation as well as environmental based litigation claims. What do you focus on? I use my 30 years of litigation and environmental law experience to assist my clients in solving their disputes efficiently and effectively. My practice is focused on litigation arising out of environmental issues, such as alternative energy, cell tower siting and land use as well as commercial and products liability/personal injury issues. Environ...
Mr. Hogan is Phillips Lytle’s Managing Partner, having previously served as its Trial Department Administrator and Environment Practice Team Leader. He concentrates his practice in the areas of environmental law, intellectual property and litigation. An effective and efficient legal advisor, he counsels clients on environmental compliance at both the state and federal levels with respect to investigations and enforcement proceedings by state and federal agencies, and on environmental is...
Tracey Scarpello represents companies in a wide variety of commercial and complex business disputes throughout the country. She devotes a significant amount of time defending and counseling clients involved in the aviation, food, pharmaceutical, medical device, manufacturing and health care industries and has successfully represented clients in federal and state courts. What do you focus on? Commercial Litigation & Regulatory Compliance Much of my work involves defending companies in all ...
Ms. Smith is an experienced litigator and leader of Phillips Lytle’s Product Liability and Mass Tort Litigation Practice Team. She concentrates her practice in the areas of litigating product liability, toxic tort, environmental and premises liability cases. Ms. Smith handles complex litigation across multiple jurisdictions, with a focus on the defense of pharmaceutical, chemical and other product liability cases, as well as environmental claims.
Mr. Walters’ practice focuses in the area of real estate development from initial planning and entity formation to project completion, including litigation related to project development. Mr. Walters is particularly experienced in land use and zoning matters including environmental impact review pursuant to the State Environmental Quality Review Act and the National Environmental Policy Act. Mr. Walters has represented many developers and governmental agencies regarding the development ...
Litigation - Environmental Definition
Environmental litigation and trial work encompass cases in federal court, state court, and before various administrative hearing boards. In federal court, cases frequently involve claims under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) and the Resource Conservation and Recovery Act (“RCRA”). Claims under those statutes are typically brought by the United States seeking to compel environmental investigation and clean up and/or to recover penalties and actual costs incurred by the government in conducting such investigations and remediation. Additionally, environmental trial lawyers frequently represent parties who have incurred significant costs to address contamination at a particular location and are seeking contribution from other parties (known as potentially responsible parties) who contributed to the contamination and resultant remediation costs. There are a number of other federal environmental statutes, such as the Clean Air Act and Clean Water Act under which environmental advocacy groups can assert citizen suit claims seeking damages and injunctive relief for alleged violations of those statutes where the federal or state government has allegedly failed to enforce the statutes.
Most states conduct aggressive enforcement of their own environmental protection statutes, including mini-Superfund statutes, chemical handling and registration laws, and laws designed to regulate oil and gas operations and mining activities. These statutes allow state environmental agencies to assert similar enforcement and cost recovery claims against companies and other parties allegedly responsible for the release of hazardous substances into the soil, water, groundwater, or air. Additionally, most states have adopted statutes regulating the storage of petroleum products in underground storage tanks under which claims can be asserted by the government or affected parties as a result of releases from those tanks.
Another common type of environmental litigation involves claims for injury to natural resources (e.g., wetlands, lakes, rivers, and estuaries), brought by the trustees for the natural resources under CERCLA, other federal statutes or comparable state statutes. Trustees typically seek damages for injury to those natural resources allegedly caused by the release of hazardous substances. Those damage claims relate primarily to damages for loss of use of the resource while it is impaired or diminished because of contamination.
At the administrative level, environmental litigators frequently represent companies in enforcement actions relating to alleged violations of operating or discharge permits issued by state environmental agencies (including defense of civil penalty actions), the limits or conditions imposed in such permits, or the disposal, management, and storage of wastes generated through industrial and commercial processes. Those claims are typically heard by Administrative Judges appointed by the state.
Another major area of environmental litigation involves private party and class action toxic tort cases in which plaintiffs seek recovery for personal injury, property damage, and medical monitoring based on alleged exposure to hazardous substances in the air, soil, or groundwater. More recently, we have seen an increase in environmental litigation brought by citizens or environmental advocacy groups seeking to block or challenge the issuance of permits or authorizations to construct new power plants or related industrial facilities.
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