Practices & industries
Environmental Litigation & Enforcement
Overview
Day Pitney’s Environmental Litigation team is equipped with the knowledge and experience needed to handle the full spectrum of environmental issues that may arise in both litigation and enforcement contexts. By combining deep environmental knowledge with seasoned trial experience, we provide a multidisciplinary approach to resolving environmental disputes efficiently and effectively.
Our attorneys represent clients across a wide range of industries, delivering strategic and tailored solutions for matters involving hazardous waste, air and water pollution, Superfund sites, toxic torts, and natural resource damages. Whether dealing with regulatory agencies, private disputes, or multifaceted litigations at the state or federal level, we aim to deliver sophisticated and strategic representation tailored to the needs of our clients.
Experience
- Represented a commercial redeveloper in an environmental enforcement action brought by a state agency, successfully negotiating reduced penalties and providing counsel on post-enforcement compliance directives.
- Defended an oil and gas company in a CERCLA (Superfund) cost recovery action, securing a favorable allocation of liability among potentially responsible parties (PRPs) for cleanup costs at a contaminated site.
- Represented a national manufacturing company in administrative hearings in connection with a contested permit under the Clean Water Act, successfully negotiating favorable permitting conditions.
- Represent a Fortune 100 company in a natural resource damages (NRD) claim arising from a legacy site, working to reduce liability exposure and develop a cost-effective remediation plan.
- Negotiation of a Consent Order on behalf of a power generator resolving compliance with Mercury and Sulphur Dioxide emissions at one of its facility.
- Represented a purchaser of a formerly industrial site in litigation involving contractual obligations to remediate and permit environmental testing, and disputes relating to the accuracy of contractual representations regarding the environmental condition of the property.
- Represented a property owner in litigation with commercial tenant relating to responsibility for compliance with rehabilitation and reclamation plans.
- Represented a property owner in prerogative writ litigation relating the validity and enforcement of municipal ordinances affecting compliance with rehabilitation plans.
