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Environmental Litigation and Enforcement

Shipman & Goodwin’s environmental litigators represent clients in administrative, civil and criminal enforcement and litigation matters across the full range of environmental sectors.  We vigorously advocate for our clients to resolve difficult environmental issues while keeping our focus on the client’s end goals.   

Our representation includes civil and criminal actions in the state and federal trial and appellate courts and before administrative agencies, including complex multi-party litigation, cost recovery actions, injunctions and equitable relief, negotiating consent orders and decrees, joint defense strategies, contested enforcement actions and permitting proceedings.  We have wide-ranging experience in cases involving CERCLA/Superfund and RCRA and state law analogs, natural resource damages claims, common law claims, underground storage tanks and related petroleum product remediation, compliance investigations, self-disclosure under federal and state programs, and audits and environmental management systems.  We have longstanding relationships with local, regional and national environmental consulting firms and their experts and work efficiently and effectively to utilize the appropriate environmental expertise for each issue.

Our environmental litigators also regularly work closely with our transactional and real estate attorneys to investigate, negotiate and resolve latent and active environmental matters related to business disputes and corporate and real estate transactions.

Our representation includes:

  • Defending clients in multiparty Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) actions
  • Representing clients with Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Clean Water Act (CWA) and other common law and statutory enforcement and litigation matters
  • Responding to and contesting agency orders and notices of violation
  • Defending against citizen suits, National Environmental Policy Act (NEPA) and state analog claims
  • Pursuing  cost recovery and clean up claims against prior owners, operators, neighbors and other responsible parties
  • Defending clients on  natural resource damage assessment and restoration claims
  • Pursuing and defending claims related to state property transfer laws, including the Connecticut Transfer Act

Experience

Environmental Litigation
Obtained Reimbursements on Claims for Environmental Cost Recovery
Defense of Federal Suit for Alleged Residual Petroleum from USTs
Defense of Claims of Environmental Contamination Related to Sale of Real Property
Pursuing Claims for Reimbursement from Underground Storage Tank Fund
Defended Federal Lawsuit Involving Third-Party Claims Under CERCLA
Resolved Cost Recovery Claim for Environmental Remediation
Defense of CERCLA Actions Over PCBs from Transformers in North Carolina
Successful Suit for Property Remediation Under CT Environmental Protection Act
Successfully Defended Neighbors' Lawsuits Over a New Ash Landfill
Successfully Defended Noise Nuisance Allegations against Waste-to-Energy Facility
Defended CERCLA Action Regarding Former Ball Bearing Factory
Defended Lawsuit for Costs of Remediating MTBE Plume in Area Groundwater
Defense of Allegations of Underground Contamination - Case Withdrawn
Won Temporary Injunction Against Illegal Solid Waste Landfill
Defended CERCLA Action by a Competitor at a Superfund Site
Defended Environmental Consulting Firm against Professional Malpractice Allegations
Defeated Negligence Claim against Environmental Consulting Firm over Lead Paint in Auctioned Property
Defended Environmental Legal Malpractice Action
Defended Architectural Firm against Professional Malpractice Allegations
Advised Manufacturer Regarding Diesel Fuel Additive Standards
Environmental Insurance for Brownfield and Transfer Act Projects
Successfully Resolved RCRA Violations for Insecticide Manufacturer in North Carolina
Other
Significant Ruling Clarifies Scope of Environmental Regulation
Defended Automobile Manufacturer From CERCLA, RCRA Claims
Settled Civil Complaint in One of the Largest Clean Water Act Cases in Nation
Suit Over Groundwater Contamination Leads to Groundbreaking Legislation
Trial Involving Connecticut Environmental Protection Act

Publications

January 18, 2017  Andrew Davis Published in Environmental Law Handbook
June 26, 2015  More Stringent "Significant Environmental Hazard" Reporting Requirements to Take Effect July 1, 2015
November 4, 2014  The Connecticut Transfer Act and Connecticut Environmental Remediation Programs Update
October 2014  Revisions to Connecticut Transfer Act: Connecticut Environmental Law Handbook Chapter Five, Matters Affecting Business and Real Estate Update
June 18, 2013  Environment, Energy and Land Use Legislative Update
June 6, 2013  Environment, Energy and Land Use Legislative Update
May 30, 2013  Environment, Energy and Land Use Legislative Update
April 22, 2013  Environment, Energy and Land Use Legislative Update
April 8, 2013  Environmental 'Sandbagging' In Corporate Transactions
February 25, 2013  Environment, Energy and Land Use Legislative Update
January 11, 2013  Environment, Energy and Land Use Legislative Update
May 10, 2012  Environment, Energy and Land Use Legislative Update
April 27, 2012  Environment, Energy and Land Use Legislative Update
March 16, 2012  Environment, Energy and Land Use Legislative Update
February 8, 2012  Environment, Energy and Land Use Legislative Update
June 9, 2011  Environment, Energy and Land Use Legislative Update
May 26, 2011  Environment, Energy and Land Use Legislative Update
April 20, 2011  Environment, Energy and Land Use Legislative Update
March 28, 2011  Environment, Energy and Land Use Legislative Update
February 4, 2011  Environment, Energy and Land Use Legislative Update
May 10, 2010  Environment, Energy and Land Use Legislative Update
April 21, 2010  Environment, Energy and Land Use Legislative Update
March 29, 2010  Environment, Energy and Land Use Legislative Update
March 5, 2010  Environment, Energy and Land Use Legislative Update
February 19, 2010  Environment, Energy and Land Use Legislative Update
January 29, 2010  Environment, Energy and Land Use Legislative Update
June 4, 2009  Environment, Energy and Land Use Legislative Update
April 20, 2009  Environment, Energy and Land Use Legislative Update
March 30, 2009  Environment, Energy and Land Use Legislative Update
February 5, 2009  Environment, Energy and Land Use Legislative Update
May 12, 2008  Environment, Energy and Land Use Legislative Update
April 29, 2008  Environment, Energy and Land Use Legislative Update
April 14, 2008  Environment, Energy and Land Use Legislative Update
February 29, 2008  Environment, Energy and Land Use Legislative Update
February 12, 2008  Environment, Energy and Land Use Legislative Update
May 17, 2007  Environment, Energy and Land Use Legislative Update
January 17, 2007  Environment, Energy and Land Use Legislative Update
August 11, 2006  Environment, Energy and Land Use Legislative Update
March 30, 2006  Environment, Energy and Land Use Legislative Update
March 8, 2006  Environment, Energy and Land Use Legislative Update
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