Alston & Bird has a nationwide environmental litigation practice. Our team includes litigators in Atlanta, Los Angeles and Washington, D.C. with decades of experience running the gamut from complex, multiparty Superfund litigation to citizen suits brought under the Clean Water Act, Clean Air Act and RCRA. Our lawyers also defend clients against toxic tort claims, including claims for personal injury and property damage from alleged exposure to chemicals and other toxins. We have litigated under every major environmental statute, representing clients at trial and on the appellate level on issues related to hazardous waste, air, historic contamination, wetlands, National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) claims.
Alston & Bird's environmental litigators also have helped shape key principles of environmental law through over 25 published federal and state environmental cases. This extends to several precedent-setting cases under the federal CERCLA and RCRA statutes, including Meghrig v. KFC Western, Inc., holding that a claim for cost recovery is not available under RCRA; Carson Harbor Village, Ltd. v. Unocal Corporation, holding that NCP compliance is a prima facie element of a CERCLA cost recovery claim; and Wilshire Westwood v. ARCO, holding that a CERCLA petroleum exclusion covers crude oil, refined petroleum products and additives indigenous to the refining process.
Our extensive experience with enforcement actions, compliance counseling and citizen suits affords us the perspective to be effective in all types of complex environmental litigation, and we work to resolve disputes before they become litigation. When prevention proves impossible, however, we have a proven track record of aggressive representation, positioning our clients for the most favorable settlement, or victory at trial.