Environmental Litigation

Kelley Drye’s dedicated environmental practitioners have experience in federal and state Superfund, natural resource damages, environmental remediation and property damage matters. Clients include site owners, operators, arrangers, and transporters at multiple Superfund and Brownfields sites.

We consistently and comprehensively manage the investigation of contamination, the identification of responsible parties, the allocation of liability, the coordination of remedial investigations and cleanups with regulators and other parties, and our clients’ participation in complex mediations and settlement structures, as well as cost recovery and contribution litigation. Our attorneys regularly negotiate consent decrees and administrative orders, and possess significant experience dealing with innocent landowner issues, de minimis and de micromis settlements, natural resource damages and environmental justice issues.

We have defended a number of major industrial companies in claims alleging that contaminants from manufacturing or bulk storage facilities caused property damage or personal injuries to neighboring properties.

In successfully handling cases through trial, we have developed experience in the sub-surface and airborne migration of petroleum and chemical products. In addition, private landowners turn to us as counsel in environmental litigation and related matters across the country. Private property contamination takes many forms, including soil, groundwater, surface water, and air issues. Often, the landowner is unaware of historical contamination of the property, or of contamination that has migrated from adjacent or nearby properties. Our attorneys are able to obtain substantial recoveries for clients that partially or completely offset environmental remediation costs associated with these sites.

Clients often are involved in situations where they are alleged to be responsible for environmental damage caused by other parties. Such liability may arise due to joint and several liability imposed by either state or federal environmental statutes.

We have extensive experience defending clients accused of contributing to contaminated sites as a result of historical manufacturing or storage facilities. In other situations, potential liability is alleged merely because the client is the landowner of property contaminated by others, such as historical tenants. Our attorneys develop strategies to either defend clients from claims brought by government entities or private parties or to successfully obtain substantial recoveries for clients that partially or completely offset environmental remediation costs associated with these sites. Often, the contamination is not identified until decades after the contaminating activity has ceased. Identification of responsible parties can be difficult and may require extensive tracing of corporate history and liability to the responsible party through a web of historical land ownership, corporate succession, divestments, mergers and assignments to identify the proper liable entities. Likewise, our attorneys work seamlessly with our Insurance Recovery practice to assist in the identification and collection of other sources of contribution, such as historical insurance policies and indemnification agreements.