When companies face an environmental lawsuit, they need experienced counsel to do a pre-litigation assessment of the case, determine if other avenues to resolution (such as arbitration and mediation) are possible and litigate the dispute successfully. These companies turn to the environmental litigators at Bingham, who have an extraordinary range of experience. Among them are former federal prosecutors, Department of Justice and U.S. EPA lawyers, and Capitol Hill staffers. Their work has ranged from the quick, efficient disposition of small Proposition 65 cases to chairing defense groups in some of the most complex, multiparty environmental litigation in the United States.
Our Geographic Experience
We have litigated environmental cases throughout the United States, from Washington, D.C., to Hawaii to Guam; from San Diego to Montana to Maryland; and up and down the East Coast.
Our Jurisdictional Experience
We have tried environmental cases before administrative law judges, hearing boards, federal and state court judges, and juries. We have argued appeals in both the federal and state court systems as well as within administrative agencies, including the Environmental Appeals Board and the Interior Board of Land Appeals.
Bingham’s environmental lawyers have litigated cases under nearly every environmental law, including:
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Resource Conservation and Recovery Act (RCRA)
- Clean Water Act
- Clean Air Act
- National Environmental Policy Act (NEPA)
- California Environmental Quality Act (CEQA)
- California’s Proposition 65
- Emergency Planning & Community Right-To-Know Act (EPCRA)
- Oil Pollution Act
- Safe Drinking Water Act
- Surface Mining Control & Reclamation Act (SMCRA)
- Toxic Substances Control Act (TSCA)
- Food, Drug and Cosmetic Act (FD&C)
Our environmental litigators have handled criminal cases as well as related civil proceedings conducted by the EPA and investigations undertaken by various federal agency Inspector Generals’ offices. We have handled bankruptcy cases with environment law aspects and have substantial experience with environmental insurance claims. Our experience includes OSHA-employee work injury cases and asbestos litigation. We have tried asbestos property damages cases to verdict and regularly defend clients in mass tort cases in which thousands of plaintiffs claim personal injury or property damages from alleged toxic exposure.
Experience, depth and careful staffing enable Bingham to provide service efficiently. Our lawyers take a practical approach, drawing upon our experience to avoid reinventing the wheel at the client’s expense. The costs and potential benefits of significant tasks are discussed with our clients in advance. Great care is taken in the assignment of members of the team to specific tasks. We are extremely sensitive to both sides of the equation regarding seniority. On the one hand, tasks that can be performed efficiently by lower-level staff should be performed at that level to provide cost-efficiency. On the other hand, we are aware that a more experienced lawyer can often perform certain tasks more efficiently and in less time. We make every effort to staff each task in the most efficient way.
We tend to staff cases leanly. We do not assign large numbers of lawyers and legal assistants to a case just because additional staff may be needed at some later point. Our firm has extraordinary depth, and additional resources will be available when and if they are needed. We also frequently work with other defense counsel under joint defense agreements to hold down costs.