Environmental Litigation

• United States v. Atlas Tack Corporation (D. Mass, 2004).  Successful representation of CERCLA cost recovery action involving a former industrial facility.  The case settled following a mediation after trial, with the United States drastically reducing its monetary demand.
• In Re Tutu Water Wells CERCLA Litigation (D.V.I.).  Trustee for Natural Resources v. Esso S.A. et al. (D.V.I.), (3d. Cir.).  Successful representation of petroleum company in contribution litigation against third party PRPs to recover money spent to perform Remedial Investigation, and defense of natural resource damages claim.  Recovered most of what the company had spent, and settled the NRD claim for a small fraction of the demand.
• United States v. 110 Sand Company et al. (E.D.N.Y.).   Representation of solid waste management facility in defense of claims that emissions from landfill flare operated to control odors violate the federal Clean Air Act.  The matter is ongoing.
• Riverkeeper, et al. v. County of Westchester, et al. (Supreme Court, Westchester County). Represented corporate aircraft fleet in litigation brought by an environmental group seeking to overturn approval of proposal to construct a new aircraft maintenance facility at a public airport, which raised water pollution, noise, and impact assessment issues.  Successfully defended the litigation and subsequently handled permitting of the $140 million facility at a different airport after the political climate in the county changed.
• Conservation Law Foundation v. United States and Pease Development Authority (D.N.H.); CLF v. FAA (1^st Cir.).  We represented Pease Development Authority in defense of a broad challenge to redevelopment of former air force base to civilian use, which raised Clean Air Act consistency issues, NEPA issues and CERCLA Section 122 issues, and in a related challenge to the FAA’s approval of an Airport Development Plan for the airport.  We prevailed on the key issues in this litigation, allowing the redevelopment to proceed.
• United States v. CDMG Realty Co., et al. (D.N.J.).  We represent the industrial PRP group at this major superfund site in New Jersey, and in this context we (1) negotiated a consent decree with EPA; (2) conducted extensive third-party contribution litigation, settlements and judgments from which funded a significant portion of the remedial action; and (3) managed the response to financial collapse of the remedial construction contractor by successfully asserting claims against its surety.
• State of New York v. Ametek, Inc., et al.; Ametek, Inc., et al. v. Kraft et al. (S.D.N.Y.).  We represent a multi-party PRP group, in defense and settlement of a cost recovery action brought against our clients by the State of New York, and in prosecution of contribution claims against 42 municipalities and a number of industrial defendants.  The matter is ongoing.
• National Helicopter Corporation v. City of New York (S.D.N.Y.).  We engaged in successful litigation challenging the ability of the City, as the owner of heliports, to impose restrictions on markings and flight patterns of private helicopters utilizing the City’s heliports. The case involved issues of field preemption and the constitution limitations on noise restrictions imposed by an airport proprietor.
• Trustee for Natural Resources v. Century Aluminum Company, et al. (D.V.I.).  We represent one of the major defendants in a natural resource damages litigation involving alleged groundwater and marine resource contamination, and in a parallel administrative proceeding in the U.S. Environmental Protection Agency involving a petition to declare the aquifer under our client’s property to be a sole source of drinking water.  The matter is ongoing.

• “Anatomy of an Environmental Jury,” presented at the ABA’s 14th Section of Environment, Energy, and Resources Fall Meeting (San Diego, CA, October 2006)
• “Superfund: The Clean Up Decision-Making Process,” presented at New York University Summer Institute in Environmental Law (New York City, May 2001, -Present)
• “Innovative Legal Strategies for Land Use Change,” presented at Pace University School of Law/Albany Law School, November 2002
• “Residual Injury to Groundwater,” presented at Dewey Ballantine seminar, December 2000
• “Information Disclosure and Environmental Protection,” Environmental Law Seminar for Judges, Federal Judicial Center (Washington, D.C., October 2000)
• “Privatization of Municipal Solid Waste Management Function - Legal Issues & Strategies,” presented at the United Nations’ Chinese Mayors Seminar on Municipal Solid Waste Management & Landfill Methane Utilization (Nanjing, China, March 1999)
• “Environmental Liability,” article presented at the International Conference on Civil Liability (Blumenau, Santa Catarina, Brazil, October 1995)
• Consultancy with the Government of Romania (Sinaia, Romania, September 1994)
• Lectures on Environmental Crimes/Defenses and Strategies New York City, 1992 Environmental Issues in the Development Process United Nations Meeting on Energy and Environment in the Development Process (Beijing, China, June 1991)
• Clean Air Act Amendments (Tokyo & Osaka, Japan, May 1991)
• Hazardous Substance Control (Tokyo & Osaka, Japan, November 1991)
• Environmental Law Consultation to governments of Czechoslovakia & Poland (October 1990)
• Environmental Law/Hazardous Waste (Tokyo, Japan, May 1990)
• National Wetlands Enforcement Workshop (Lecture and Expert Witness Demonstration concerning wetlands designation for audience of EPA/Corps of Engineers personnel, May 1989)

• United States Supreme Court
• United States Court of Appeals for various Circuits
• United States District Courts for various judicial districts.
• State Courts of New York, Connecticut, New Hampshire and the District of Columbia