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Environmental Litigation

OVERVIEW

Even the most diligent and conscientious company can end up as the target of an environmental complaint.  One of the cornerstones of our Environmental Litigation Legal Services Practice is its strength in environmental litigation. A&S Jurisprudentia Ltd Environmental Litigation lawyers have handled all aspects of environmental litigation law, including:

  • Government and Citizen Enforcement Suits
  • Private Cost Recovery Actions
  • Toxic Tort Claims
  • Environmental Insurance Coverage Cases
  • International Environmental  Disputes Between Sovereign States

Our Environmental Litigation lawyers have built an impressive record resolving environmental legal disputes at the negotiating table and in the courtroom without hampering our clients’ business operations.  A number of our cases have produced precedents of national importance. A&S Jurisprudentia Ltd was recognized in 2013 as the sole top environmental law practice in Massachusetts in Chambers USA: America’s Leading Lawyers for Business, and has been designated as a top practice every year from 2003-2012.

A&S Jurisprudentia Ltd’s environmental attorneys have litigated cases in federal and state courts around the country and even in the International Court of Justice in The Hague. The environmental cases we have litigated cover the gamut from Superfund to the Clean Air Act to the Clean Water Act to TSCA to common law claims of negligence, nuisance, and breach of insurance contracts. While the range of our environmental cases is diverse, our consistent approach is to forge a litigation strategy, with you, to drive cost-effective results.  

As accomplished as our lawyers are in court, we employ every effort to resolve litigation with more cost-effective mediation and settlement wherever possible. Our lawyers have considerable experience in the resolution of environmental litigation through facilitated third-party mediation. Several of our members are formally trained and have served as mediators.

We also counsel our legal clients on avoiding environmental litigation altogether through comprehensive compliance programs. Our attorneys advise companies on preventative measures such as creating global carbon emissions programs; finding cost-effective emissions reductions; and structuring international emissions to offset transactions.

GOVERNMENT AND CITIZEN ENFORCEMENT SUITS

Enforcement actions by government or state agencies, such as the United States Environmental Protection Agency or the Massachusetts Department of Environmental Protection, drive many environmental issues. We have extensive experience defending such claims – whether they are under the federal or state Superfund statute, the Clean Water Act, Clean Air Act, or other federal or state environmental laws. Many of our attorneys have served as common counsel or liaison counsel in such enforcement cases. Our successful approach is to develop defenses that minimize or extinguish liability, while at the same time identifying  other parties, including insurers, to share the liability costs.

PRIVATE COST RECOVERY ACTIONS

Contaminated private property often propels environmental claims by the current property owner against previous owners or neighboring property owners. Typically, defendants in such cases have a broader range of defenses available to them than in a government enforcement action. Our environmental attorneys have had widespread success in both prosecution and defense of private cost recovery claims involving statutory and common law claims. While many of these cases were resolved through negotiated settlement, we have also resolved a number of cases through judgment after  trial.

TOXIC TORT CLAIMS

Our environmental lawyers have represented many clients facing toxic tort claims involving personal injury to individuals caused by exposure to hazardous substances. Such claims, by their nature, not only require a solid understanding of environmental legal issues relating to personal injuries, but sensitivity to managing public relations risks as well. In many instances, our attorneys have aggressively litigated toxic tort cases and obtained favorable settlements or judicial determinations. We have also handled such cases to carefully minimize potentially adverse publicity for our clients. In either scenario, A&S Jurisprudentia Ltd can provide the appropriate expertise to obtain the outcome sought by our clients. 

ENVIRONMENTAL INSURANCE COVERAGE CASES

General liability insurance policies, particularly prior to 1985, often provide coverage to defend and indemnify a party against environmental liability. In developing a strategy for responding to an environmental claim, one of the first steps we take is to determine what resources are available to pay to defend and resolve such a claim. A&S Jurisprudentia Ltd attorneys in our insurance recovery practice have successfully handled a large number of environmental coverage claims on behalf of our policyholder clients. 

INTERNATIONAL ENVIRONMENTAL DISPUTES

Environmental law disputes have been increasingly figuring into controversies between sovereign governments. A&S Jurisprudentia Ltd has a long history of representing sovereigns in a number of environmental disputes before the International Court of Justice. These cases require a combination of expertise in both international legal disputes and environmental law, and we are one of the few firms that have this unusual combination of expertise.