Environmental Enforcement & Litigation

Jones Walker has vast experience in working with federal and state agencies to respond to enforcement concerns. We speak their language and can decipher what is important to them so that clients can develop a proper and effective response to agency inquiries and enforcement actions. Our experience includes negotiating agreements and resolutions to all types of environmental agency enforcement actions—including complex and technical multi-media approaches. And, if the matter must be contested, we have represented clients in administrative, civil and criminal proceedings to successful and proper conclusions. Our enforcement experience includes:

• Citizen-suit defense
• Clean Air Act (CAA), including NSR claims and title issues
• Clean Water Act (CWA)
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
• Multimedia initiatives
• Off-shore enforcement initiatives
• Oil & Gas exploration and production operations
• Oil Pollution Act (OPA)
• Resource Conservation and Recovery Act (RCRA)
• State programs
• Superfund reimbursement
• Wetlands and Coastal Use

Our experience also extends to:

• Compliance auditing, evaluation, and planning
• Emission credits
• Environmental justice
• Potentially Responsible Party (PRP) committee organization and management
• Supplement or beneficial environmental projects
• Voluntary Remediation Program agreements
• Wetland mitigation and banking

Ordinary operations still carry the risk of lawsuits, regardless of strong efforts to control environmental hazards and well-documented compliance programs. Our Environmental & Toxic Torts trial attorneys have experience that includes:

• Citizen suits alleging violations and damages as a result of violations
• Defense of asbestos litigation on behalf of manufacturers, suppliers, and premises owners
• Enforcement actions—administrative, civil, or criminal—by government agencies claiming violations of regulations or permits
• Individual or small group suits claiming personal injury and property damage due to exposures to chemicals released to air, land, or water
• Mass tort and class action suits claiming personal injuries and property damage resulting from releases of chemicals or other toxic substances
• Private party cost recovery claims involving hazardous substance releases
• Product liability suits claiming injury to people or property
• Suits by property owners claiming that past operations resulted in contamination of the site
• Suits claiming injury in the workplace from exposure to chemicals or other toxic materials