Environmental Litigation & Regulatory Compliance

Overview

Maynard Nexsen's Environmental Litigation and Regulatory Compliance client services are extensive. Our experience covers a wide range of services, including the representation of clients before the myriad of local, state, and federal regulatory agencies. Unlike many law firms in which environmental attorneys and litigation attorneys are in separate departments, our cohesive environmental team consists of lawyers who have an extensive regulatory compliance practice as well as significant litigation experience with expertise in trial strategies and defenses. Our lawyers have served as lead counsel in trials, administrative hearings, and permitting appeals, as well as regularly representing clients in significant matters before the Environmental Protection Agency, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and counterpart state environmental agencies in throughout the southeastern United States.

Our Environmental team includes a past Chair of the Litigation Section of the American Bar Association (ABA), the 2008-2009 President of the ABA, and two past Chairs of the Environmental Law Section of the Alabama State Bar. Maynard Nexsen’s Environmental Practice is recognized as a Leader in the Field in Chambers USA: America's Leading Lawyers for Business. Our environmental attorneys are regularly recognized as leaders in Environmental Law by The Best Lawyers in America© including members being named as the Best Lawyers® "Lawyer of the Year" on two occasions. In addition, two members of the practice have prior educational and working experience in the environmental field with one having earned a master's degree in forestry and the other having earned a master's degree in environmental science and management.

Regulatory Compliance

Maynard Nexsen has substantial experience in counseling clients with respect to environmental issues, thus preventing enforcement actions or litigation from occurring in the first instance. We assist clients with internal investigations and voluntary disclosure decisions if necessary. Our effectiveness at anticipating issues for clients and handling regulatory compliance matters hinges in large part on our attorneys’ proven ability to keep abreast of the numerous statutory and regulatory changes occurring on a constant basis. Among other things, our attorneys often represent clients in helping shape specific environmental legislation and regularly give seminars covering important issues and hot topics in specific areas of environmental law.

Toxic Torts

Maynard Nexsen’s environmental lawyers bring their years of experience in the courtroom to bear on mass tort litigation involving the complex interplay of federal, state, and local environmental statutes and regulations with traditional multi-plaintiff or class action claims for personal injury and property damage. Because these complex cases often involve hundreds and sometimes thousands of plaintiffs and hundreds of thousands of pages of documents, case management is critical. Thus, the firm’s environmental group and our highly skilled staff have significant experience in the electronic production and management of documents, in coordinating closely with joint defense groups in preparing common defenses, and in representing clients in multi-district consolidated litigation.

Representative Environmental Matters

Maynard Nexsen’s Environmental Litigation & Regulatory Compliance group has successfully represented clients and handled matters in every area of environmental law. Representative matters include:

Represented a national limestone mining company in administrative challenges to the air and water discharge permit applications that were ultimately issued and upheld on appeal
Challenged state legislation and emergency order regarding anti-degradation policy affecting water discharge permit limits for quarries and other related mining industries
Routinely represent limestone, aggregate and cement mining and processing plants regarding permit compliance matters in addition to assessing and evaluating environmental risks and liabilities associated with potential transactions
Represented a division of a national client in a civil enforcement action brought by the United States Department of Justice alleging violations of the Prevention of Significant Deterioration (“PSD”) air regulations. Obtained a jury verdict that no PSD permit was required
Represented a national steel manufacturer in a state court nuisance and trespass action brought by over 1400 members of an adjacent community alleging air pollution. Obtained a defense verdict in an initial “bellwether” trial involving four of the subject properties. The remainder of the claims were settled
Served as a member of the lead national defense attorney team appointed by a Department of Labor ALJ in the contest of over 4,000 administrative citations. Participated in a three-month “common issues” trial of scientific issues, ultimately resulting in all citations being vacated
Worked with a publicly-traded, Fortune 500 energy company in permitting and obtaining financing for electric co-generation facilities
Represented a company that was the subject of a series of New York Times articles concerning the environmental, health and safety practices at its plants in Alabama, Texas, Utah and New Jersey. Responded to grand jury subpoenas in multiple jurisdictions and ultimately served as co-counsel at trial involving allegations of criminal Clean Water Act violations
Challenged state legislation imposing higher fees on out-of-state waste shipped to a hazardous waste treatment, storage, and disposal facility. The legislation was found to be unconstitutional by the trial court and ultimately by the U.S. Supreme Court
Represented several defendants in a myriad of cases in Alabama, Georgia and Mississippi alleging personal injuries due to asbestos exposures
Represented four defendants in a Superfund cost recovery action brought by historic PCB manufacturer seeking over $30 million in past costs, as well as undefined future costs
Represented major chemical manufacturer in action involving 1,600-plus plaintiffs alleging personal injury as a result of exposure to product
Represented defendant in putative toxic tort class action alleging both personal injury, property damages, and property value diminution from historical industrial operations
Represented potentially responsible parties in negotiating a CERCLA administrative order with the U.S. Environmental Protection Agency and Department of Justice for investigation and cleanup of historical industrial releases of hazardous substances
Represented industrial defendant in a series of toxic tort complaints in both state and federal court in which the named plaintiffs exceed 5,000, making both personal injury and property damage claims, as well as mental anguish and punitive damages
Acted as common counsel to a group of potentially responsible parties (“PRPs”) for a CERCLA site, including the negotiation of a consent agreement, as well as successfully litigating against non-participating PRPs for monetary contributions to the investigation and cleanup
Routinely represent industrial, manufacturing, and agricultural facilities as well as municipal wastewater treatment facilities in Clean Water Act citizen suits in federal court