Environmental Enforcement Defense & LitigationOverviewResolving environmental disputes requires substantive knowledge and skill, collaboration, and creative thinking. That is the foundation on which Michael Best has built an impressive record representing clients in administrative and judicial enforcement proceedings, citizen suits, cost recovery actions, and other environmental litigation. Because environmental lawsuits can be messy and expensive, we aggressively implement mediation and other strategies for pre-litigation resolution whenever feasible. If and when litigation must proceed, we have a deep bench of first-chair trial lawyers who are skilled in managing cases cost-effectively and getting good results.
In the courtroom and at the negotiating table, we work closely with client decision makers, technical staff, and outside consultants to find the best path to achieve each client’s goals. Valuable perspective is provided by our environmental attorneys who previously served in public sector positions overseeing rules promulgation, such as senior positions in regulatory agencies. ExperienceWe represent clients in environmental disputes involving a wide variety of statutes and regulatory programs, including:
- Enforcement actions by state or federal environmental agencies alleging regulatory violations in any of the major program areas (air, water, solid waste, hazardous waste, wetland, and stormwater)
- “Takings” and other alleged violations of the Endangered Species Act
- Defense of citizen suits and claims for injunctive relief brought under the Clean Air Act, Resource Conservation and Recovery Act (RCRA), Clean Water Act, or other federal law
- Defense of class action toxic tort cases
- Contaminated site litigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) seeking response costs, contribution, and natural resource damages
- State court actions seeking relief under common-law theories of contribution, negligence, nuisance, trespass, and strict liability for ultrahazardous activities
Related People Preview Attorney's BiographyFor more than 30 years, Paul has specialized in product liability defense, class action defense, multi-district litigation (MDL) defense, and other complex commercial litigation. He is particularly well known for his work in the class action and food and beverage sectors, where he is a nationally and locally recognized speaker and thought leader on product liability issues and regulatory trends.  Preview Attorney's BiographyDavid’s practice sits squarely at the intersection of the food-water-energy nexus. His work in the areas of environmental, regulatory, agricultural production, manufacturing and distribution, and renewable energy projects gives him the depth of experience necessary to counsel clients who will be feeding and powering a projected global population of nine billion people by 2050—at a time when resource scarcity and consumer confidence require an ongoing commitment to stewardship and sustainability.  Preview Attorney's BiographyJordan helps energy companies and other sophisticated businesses structure and contract for large scale capital expansion and procurement, including representation in siting and certification cases for large power generation facilities, electric transmission lines, private energy facilities, and large agricultural projects.  Preview Attorney's BiographyJoe is a trial attorney practicing primarily in the areas of products liability, class action defense, wage and hour litigation, employee benefits litigation, regulatory compliance, and complex commercial litigation. In this capacity, he routinely helps clients deal with class actions suits across all subject matters and handles all aspects of complex employment litigation including wage and hour suits arising under the federal Fair Labor Standards Act (FLSA) and applicable state laws, plus benefits litigation.  Preview Attorney's BiographyFor more than 30 years, Todd has helped numerous clients remain in compliance with all aspects of the complex and dynamic suite of environmental laws, with a particular focus on Clean Air Act regulation. His extensive knowledge of and experience includes obtaining environmental permits, planning future activities to minimize the expense of regulation, litigation involving all manner of environmental regulation, and the defense of allegations that a company may have violated environmental laws.  Preview Attorney's BiographyLee has substantial experience in insurance recovery, complex commercial litigation, product liability, and construction matters. He is well versed in all aspects of pre-trial litigation and has tried cases before state and federal courts. His appellate work is also noteworthy, including arguing before the U.S. Court of Appeals for the Seventh Circuit.  Preview Attorney's BiographyLeah takes a big-picture approach in advising clients as they face challenges on environmental, food safety and regulatory compliance issues. She draws on experience gained in cases involving the EPA, FDA and other public agencies. Leah’s success as a counselor, litigator and negotiator reflects her combination of subject matter expertise, industry knowledge and creativity.
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