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Environmental Litigation

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Alston & Bird has a nationwide environmental litigation practice. Our team, which includes litigators in Atlanta, Los Angeles and Washington, D.C., has decades of experience at both the trial and appellate levels. Our experience runs the gamut from complex, multiparty Superfund litigation to citizen suits brought under the Clean Water Act, Clean Air Act and RCRA. We also routinely defend claims brought under National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). Our lawyers defend clients against toxic tort claims as well, including claims for personal injury and property damage from alleged exposure to chemicals and other toxins.

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 various federal 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; Wilshire Westwood v. ARCO, holding that a CERCLA petroleum exclusion covers crude oil, refined petroleum products and additives indigenous to the refining process; and Solutia v. McWane, holding that a party with standing to bring a CERCLA contribution claim is barred from also asserting a cost recovery claim.

Our extensive experience with enforcement actions, compliance counseling, and citizen suits provides us the perspective to be effective in all types of complex environmental litigation. We also have had significant success resolving 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.

Asbestos Litigation  Proposition 65