The Legal 500

Longstanding association with energy and utility companies has put Hunton & Williams LLP at the forefront of environmental matters in the US, with clients stating the team includes ‘effective advocates and counselors’. The firm has offices from coast-to-coast and has ‘special experience in all environmental law matters’. It covers contentious matters and has particular expertise in Clean Air Act (CAA) and Clean Water Act (CWA) issues. Other areas in which the firm excels include Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), hazardous waste management, endangered species issues and wetlands work. Washinton DC-based Bill Brownell is the name to note and is known for his experience in climate change rules and regulations and for related litigation.

Kirkland & Ellis LLP is a ‘litigation powerhouse’ and regularly acts in civil, criminal and administrative environmental proceedings, including government enforcement actions, superfund and insurance coverage cases, contract and indemnity claims, toxic tort suits and challenged to federal and state rulings. The ‘service is outstanding’ and ‘while on the expensive end’, clients ‘believe the overall value is worth the cost for the high-profile matters it defends’. The firm represents BP in the various litigation matters related to the April 2010 Deepwater Horizon drilling rig explosion and the resulting oil spill in the Gulf of Mexico. It also recently defended 3M in a toxic tort action brought by more than 400 plaintiffs living near a former industrial barrel reclamation facility located on the west side of Chicago. It won a motion to strike the class action allegations, the vast majority of plaintiffs eventually dropped their claims of exposure to various chemicals emitted into the air from the facility and for personal injury and other relief, and the firm negotiated a favorable settlement for the remaining plaintiffs. It also represents a collection of five California public water agencies in litigation involving the issue of whether restrictions on water right usage traceable to the Endangered Species Act (ESA) represent constitutional takings of property rights. Clients also include 7-Eleven, ExxonMobil, Keystone, General Motors, Growth Energy and ConocoPhillips. Andrew Running has experience in environmental, bankruptcy, insurance, toxic tort and general commercial litigation and ‘handles litigation cases extremely well’. Jeffrey Clark has experience in administrative law and is a ‘super lawyer’. Granta Nakayama, who represents companies whose products or services are regulated by the Environmental Protection Agency (EPA), the Consumer Product Safety Commission and state government agencies, and Richard Godfrey, who advises BP and is Chicago-based, are also recommended.

Sidley Austin LLP’s ‘level of service is outstanding’ and the practice is ‘great value for money’. It is recommended on its integrated approach and can ‘connect clients to other lawyers in the firm when requiring commercial or appellate level litigation lawyers – all of whom also prove to be excellent additions to the team – at the drop of a hat’. The firm has clients from a broad spectrum of economic and industrial activities including transportation, conventional and alternative energy generation and distribution, petroleum exploration, development and refining, chemical manufacturing, electronics manufacturing, telecommunication services, consumer products, pharmaceuticals, banking and finance and agribusiness. It also represents federal, state and local governments. Clients include American Electric Power, Duke Power Company, NCR Corporation, General Electric Company, Southwestern Electric Power Company and Exelon. The firm is advising an Ohio-based iron foundry with respect to a federal grand jury subpoena arising from a US EPA criminal investigation of the foundry’s compliance with the CAA, and related Ohio EPA civil enforcement actions. It represents longstanding client TransCanada with respect to its Keystone crude oil pipeline that will extend from the western Canada oil sands to oil refineries in the US. It has advised on the permitting and environmental review of the project, and successfully defended two federal court cases in which the sufficiency of the US State Department’s environmental review was challenged. The firm also represents the American Chemistry Council, the National Association of Manufacturers, the American Petroleum Institute and other trade associations in several DC Circuit Court of Appeals challenges that are related to EPA’s regulation of greenhouse gases. Chicago-based Robert Olian, Washington DC-based Davis Buente and Los Angeles-based Judith Praitis, who has represented operating entities in defending claims under California’s Proposition 65, lead the team. Washington DC-based Samuel Gutter is a ‘tremendous resource to any client lucky enough to have his representation’. Roger Martella is also recommended.

‘Active in environment litigation’, Arnold & Porter LLP is an ‘excellent choice’. The environmental practice group advises on civil and criminal enforcement under federal statutes, superfund and other cleanup of contaminated sites litigation and toxic tort claims covering a diverse array of groundwater, air pollution, toxic chemical, radioactivity, and public nuisance matters throughout the US. The firm advises Honeywell International in a wide range of environmental problems involving current and legacy operations, federal and state litigation. Currently, the firm is representing the client in remediation of a major urban marine terminal built on approximately two million tons of chrome ore tailings. The firm negotiated a consent decree with the State of Maryland, and is advising the client regarding the remedial investigation and feasibility study being performed under the decree. The firm is also defending the client against a RCRA citizens’ suit. Other highlights included advising the Brazilian Sugarcane Association in litigation challenging California’s low carbon fuel standard, which involved important climate change issues at the intersection of trade and environmental law and policy. Clients include BP, PPL, General Electric, Foster-Wheeler and Texas Pacific Group. Washington DC-based Lester Sotsky leads the team. Toxic tort specialist Michael Daneker in Washington DC, New York-based Nelson Johnson and Blake Biles are also recommended.

Beveridge & Diamond, P.C. is a ‘highly reputable and credible’ boutique environmental practice, which is ‘highly active in Washington DC and deserves its recognition’. Its environmental litigation practice covers federal and state owned litigation law, cases involving litigation over rulemaking, permitting, enforcement, hazardous waste, toxic substances, insecticides and fingicides, superfund and natural resources damages liabilities, contribution, land use and contaminated property disputes, as well as air and water issues. Washington DC-based Karl Bourdeau is a well-known name for environmental litigation, while managing partner Benjamin Wilson and litigation practice head Harold Segall, both based in Washington DC, are also names to note.

The environmental practice at Bingham McCutchen LLP is active in California and the team is ‘bright thinking, well versed in case law and strategies and is excellently responsive’. It has significant strength in water issues and recently obtained two appellate decisions that define the ground rules for water supply planning required under state law for development projects in California; Water Supply Assessments required for all large development projects, and Urban Water Management Plans which must be adopted by public water suppliers. The firm is currently advising Anadarko Petroleum Corporation, Anadarko Exploration and Production, and MOEX Offshore 2007 in issues relating to the explosion and resulting release of hydrocarbons from the Deepwater Horizon in the Gulf of Mexico and the associated, federal, state and private claims, remedial actions and other matters. Highlights also included representing the South Coast Air Quality Management District, which is responsible for issuing air quality permits for all new and modified air pollution sources in the urban areas of southern California, in the successful defense of litigation brought by environmental groups arising out of the implementation of state legislation that lifts a court-ordered moratorium that prevented the client from issuing permits. Clients also include American Electric Power, City of San Diego, Contra Costa Water District, Flying J, General Electric and Stanford University. Los Angeles-based Rick Rothman and Washington-based Michael Wigmore head the team. James Dragna, Christopher Berka and Tiffany Hedgpeth are ‘all client focused, cost-conscious and strategy driven’.

Hogan Lovells US LLP is ‘uniformly outstanding in all areas’ and is ‘responsive, knowledgeable and able to handle the wide range of issues presented by litigation’. The firm is involved in all of the current “water wars” among eastern states and is defending on appeal a major victory it won in 2009 for the State of Florida. The cases all concern water flows in the Chattahoochee, Flint and Apalachicola Rivers, and involve a long-running dispute among the three states and the federal government as to the management of the riverine system. The firm is also currently defending Bostik in class and non-class lawsuits brought by residents of a manufacturing facility located in the middle of an industrial park where significant chlorinated organic contamination has been found to be impacting the drinking water wells of over 200 nearby residences over a two square mile area. The firm has also recently acted for Homestake Mining, Fox Capital Management and National Chicken Council. The practice is co-led by Denver-based Scott Reisch, who is ‘great to work with and is well respected’, and Washington DC-based co-head James Banks, who is ‘extremely strong in developing effective legal strategies, has extensive experience in federal court cases and works extremely well with clients and individuals who are not lawyers’.

Clients state that the environmental practice at Latham & Watkins LLP is ‘excellent’ and ‘highly regarded in terms of quality of service and expertise’. The firm has strong national capabilities, with particular strength in California. The ‘well rounded’ practice has experience extending to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and land use, wetlands and endangered species, criminal and civil government enforcement actions, superfund and environmental cleanup liability. In the land use space, the firm is currently representing San Diego Gas & Electric Company in federal court challenging the Bureau of Land Management’s decision approving the Sunrise Powerlink Project, a 120 mile 500/230 kV transmission line across southern California, following successfully defending a challenge to the decision before the Interior Board of Land Appeals. The challenge includes claims under (NEPA), the Endangered Species Act, the Federal Land Management and Policy Act (FLPMA) and the National Historic Preservation Act (NHPA). It successfully represented Southern California Edison (SCE) in California superior court to defeat the City of Oxnard’s attempt to block the development of a “peaker” power plant in Oxnard, California, where the facility will be located and will operate primarily during times of peak electricity demand or system strains. Ruling for SCE and the Coastal Commission on all-important issues, the court agreed with SCE’s arguments on the interpretation of the Local Coastal Plan, the Coastal Act and a host of CEQA issues. Robert Wyman, who has particular expertise in Clean Air Act (CAA) issues, leads the team from Los Angeles. Washington DC-based Janice Schneider, Orange County-based Michael Carroll and Rick Zbur in Los Angeles are also recommended.

Baker Botts L.L.P.’s environmental team is ‘very knowledgeable and good at developing strategies’. The firm advises on a broad spectrum of matters and has significant strength on CAA issues; it is currently representing various energy companies with regard to major CAA litigation, which includes enforcement actions by the EPA, states and environmental groups alleging CAA violations. It has challenged EPA rule makings on several occasions – including its representation of the American Petroleum Institute in litigation involving challenges to EPA’s denial of California’s request for a pre-emption waiver under the CAA to regulate greenhouse gas emissions from motor vehicles. It provides lead representation of various companies with regard to managing cleanups and defending against cost recovery actions. The firm is also representing multiple petroleum/petrochemical companies and various other refiners by owners of public water supply systems who have alleged that chemical compound Methyl tertiary butyl ether (MTBE), produced by the refiners, contaminated the plaintiffs’ water wells. The firm is also defending a major corporation whose historical operations are alleged to have contributed to environmental contamination in residential, commercial, industrial, and undeveloped areas in northern Alabama. Washington DC-based practice head Steve Leifer and Austin-based deputy chair Aileen Hooks are active. Austin-based Matt Paulson ‘always does a great job’.

The team at Gibson Dunn has strong capabilities in California and an excellent reputation for handling toxic tort matters. The firm is representing Lockheed Martin in several cases including mass toxic tort litigation in Redlands, California involving alleged groundwater contamination with perchlorate and TCE. Hundreds of plaintiffs claimed to be victims of chemical exposure in their drinking water, and presently the firm is leading the defense with respect to the second group of plaintiffs. The team also has extensive groundwater experience and is defending Goodrich on claims brought by the US, on behalf of the EPA, involving five former operators and the current owners of a 160 acre parcel of land that has been used for industrial purposes since World War II, when the Department of Defense maintained an ammunition storage point; the lawsuit seeks cost recovery for perchlorate and TCE contamination in the Rialto-Colton Groundwater Basin. Other highlights included representing domestic and international automakers in litigation across the country in the area of greenhouse gas emissions. Clients also include MeadWestvaco, International Paper, Chevron and General Electric Company. Los-Angeles based Patrick Dennis and Jeffrey Dintzer, Orange County-based Alan Bick and Washington-based Peter Seley co-chair the team.

Mayer Brown’s six partner team is ‘strong and provides excellent all-round advice’. The firm regularly represents clients before EPA, DOT, FAA and other federal and state agencies as well as advising on legislative strategies for environmental matters, including permitting and climate change. The firm advises Nicor on its manufactured gas plant work, overseeing significant litigation, permitting, and governmental investigations relating to the presence of coal tar and related PAH materials at numerous former facilities. It is representing Dow Chemical against allegations that the client’s (and an array of oil, coal, power and chemical companies) emissions of greenhouse gases caused the oceans to warm, which caused Hurricane Katrina to be stronger than otherwise would have been the case, which increased the damage the hurricane caused to plaintiffs’ properties. Other highlights included representing LaFarge in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action initiated by the City of Waukegan against industrial tenants in connection with historic PCB contamination of the Port of Waukegan, Illinois by another entity, Outboard Marine. Clients also include Cargill, Caterpillar, CMS Energy, United States Sugar and Valero Energy. The practice is co-headed by Thomas Skinner and John Hahn in Chicago and Washington DC respectively.

‘West Coast powerhouse’, Morrison & Foerster LLP is ‘excellent in all aspects’. Clients say that although ‘the firm isn’t cheap, if the stakes are high then it is always worth it’. It is highly regarded for its expertise in Proposition 65 matters and also has strength in endangered species, cleantech and water law. The firm currently represents Metropolitan Water District, which is the largest provider of treated drinking water in the US, in litigation over Biological Opinions restricting water exports from the Bay Delta because of their alleged impacts on delta smelt, salmon, and other fish listed under the ESA. In County Water District v Sabic et al, which involves the former having filed a civil action against 24 major corporations alleging that historical releases of solvents and perchlorate have created a plume contaminating the regional groundwater, the firm is defending Ricoh Electronics and is part of the leadership of the joint defense group in responding to these allegations. Clients also include American Meat Institute, Mattel Grocery and Manufacturers Association and its major members, including Coca-Cola, Del Monte, Dole and Nestlé. San Francisco-based co-heads Robert Falk and Christopher Carr are recommended. Michèle Corash is ‘one of the best environmental lawyers in the nation; especially for Proposition 65 matters’ and Los Angeles-based Peter Hsiao is regarded for hazardous waste and cleanup cases.

‘Highly skilled’ in environmental litigation and regulatory matters, the 10-partner team at Pillsbury Winthrop Shaw Pittman LLP handles a wide variety of civil, administrative and criminal matters, representing individuals, companies and other entities in cases under all of the major federal environment states. The practice represents clients in a wide spectrum of manufacturing businesses, as well as companies in the pharmaceutical, chemical, research and development, and retail sector. It is currently representing Teck Metals in negotiating a transnational agreement with the EPA and US Department of Justice regarding significant claims for the cost of investigation and remediation activities along a 120-mile stretch of the Upper Columbia River/Lake Roosevelt Site, as well as alleged natural resource damages. The firm is also currently representing the Association of American Railroads and Union Pacific Railroad Company in a lawsuit that its clients filed in federal court against the South Coast Air Quality Management District, which would invalidate new rules regulating air emissions from locomotives and railroad operations in the Los Angeles Air Basin. Los Angeles-based Christopher McNevin leads the environmental practice.

With particular strength in Texas, Vinson & Elkins L.L.P.’s 16-partner environmental practice has strength in civil litigation and criminal defense, contested permitting, compliance counseling, project siting and development, and the resolution of environmental issues associated with certain transactional matters. The firm is defending BP on defense of investigations, and enforcement actions initiated by the EPA, the US Chemical Safety and Hazard Investigation Board, the US Occupational Safety and Health Administration, the Department of Justice, the US Attorney for the Southern District of Texas, and the state environmental agency. Other highlights included obtaining a victory for Waste Management of Texas in the ongoing litigation over the clients’ expansion of its Mesquite Creek Landfill in Comal and Guadalupe counties. The firm also successfully handled environmental challenges for KBDJ, the owner and operator of a rock quarry and crusher on the Edwards Aquifer Recharge zone, which involved a suit brought by the City of Austin and others challenging KBDJ’s authorization for its limestone quarry located in Hays County, Texas. It also advises clients such as Sandy Creek Energy Associates, LP and Sunflower Electric Power, Maxus Energy Company and Tierra Solutions. Houston-based Carol Dinkins and Robert Schick co-head the team. George Wilkinson Jr in Houston and Austin-based Bryan Moore are also recommended.

Bracewell & Giuliani LLP’s ‘highly active and notable’ practice focuses on climate change, air quality, energy policy, major energy development projects, upstream energy development, and contamination and exposure issues. It represents Cabot Oil & Gas on environmental, health and safety matters arising from operations in the Texas-Louisiana gulf coast region, the East Coast and the Rocky Mountain states; including advice regarding litigation defense arising from state-level enforcement of environmental and oil and gas drilling requirements. It also represents Durand Glass Manufacturing Company, Polyfoam and GGP Bridgeland on all aspects of enforcement defense involving the EPA, the US Army Corps of Engineers, the US Department of Justice and various state environmental agencies arising from alleged violations of the CAA and Clean Water Act. Austin-based Timothy Wilkins heads the environmental and natural resources practice group.

Jones Day is ‘very client focused, timely and provide excellent expert advice and counsel’. Clients also say that it is a ‘go-to’ team, which is ‘excellent’. The firm’s contentious experience includes the defense of criminal and civil investigations and prosecutions, as well as litigation arising from private citizen suits, natural resource damage claims, superfund cost recovery claims, public nuisance, class action, individual toxic tort claims, and the pursuit of recovery for environmental claims under various corporate insurance policies. It successfully defended Midwest Generation in an action brought by the State of Illinois and the Department of Justice, alleging violations of the CAA and related regulations. It also defended Ethyl in a large environmental property damage case filed under the Resource Conservation and Recovery Act (RCRA), CERCLA, and common law, seeking recovery in excess of $38m for alleged PCB contamination at a property formerly owned by its client. Washington DC-based Kevin Holewinski leads the team. Chicago-based Charles Wehland has ‘excellent judgment’. San Diego-based Cynthia Cwik recently joined the team from Latham & Watkins LLP.

King & Spalding LLP’s ‘extremely capably’ team provides a ‘high level of client service’. The firm handles the full range of environmental litigation, including EPA enforcement matters, permit challenges, cost recovery claims, and claims for damages related to alleged environmental contamination. Recent highlights included water, ground water, climate change and CAA litigation as well as others. It recently successfully defended Shell Oil Company against allegations made by The City of Redlands regarding drinking water contamination associated with 1,2,3 trichloropropane. Clients also include 3M, Atlanta Regional Commission and City of Atlanta, Portland Cement and Chevron. The practice is headed by Atlanta-based Patricia Barmeyer, Washington DC-based Katherine Rhyne and Texas-based Carol Wood. Also recommended are Atlanta-based Kevin Buster, who is ‘excellent, smart and an expert’, and Texas-based Bruce Hurley, who is an ‘outstanding trial lawyer and excellent at questioning and cross-examining witnesses’.

Thompson & Knight LLP represents clients in a variety of industries including oil companies, oil refiners, chemical plants, energy companies, and pipeline companies. It deals with all areas of environmental work and its oil and gas experience in particular is extensive. It successfully defended BNSF Railway against more than 200 lawsuits filed by residents of Somerville, Texas regarding alleged contaminated due to exposure of toxic substances from a railroad tie treatment facility formerly operated by BNSF. Other work included providing litigation and settlement advice for Beazer Homes in an enforcement action by the EPA regarding compliance with laws and regulations governing the discharge of storm water from construction sites around the country. Austin-based James Morriss heads the team.

Clients say that the environmental practice at White & Case LLP is ‘top notch’ and ‘very responsive and knowledgeable’. The firm has a strong presence in Florida and New York and has experience in contentious matters relating to the clean-up of contaminated sites, environmental coverage, coverage under environmental contractual indemnities, and environmental liabilities in bankruptcy. The firm is active in climate change and is advising the Washington Legal Foundation in Native Village of Kivalina v ExxonMobil, regarding allegations Kivalina is sinking and its inhabitants must be relocated as a result of global warming. Richard Horsch and Paul Milmed are the key contacts at New York. Neal McAliley and Douglas Halsey, who is ‘very strong in all environmental matters he takes on’, are active in Florida.