Litigation:
Environmental and Toxic Tort Claims / Insurance Recovery

Like Br’er Rabbit who tangled with a tar baby, anyone who has touched contaminated property is indelibly marked by the law as a target for the costs of clean-up or redress of personal injury. Whether expected or not, the discovery or release of contaminants on property typically triggers a flurry of activity as each party scrambles for position and evaluates their options – defend? settle? cross-claim? counterclaim? seek insurance benefits? pursue administrative remedies? seek indemnification? assert contribution rights? solicit political aid? call the media? Often, the more one fights with tar baby, the more entangled one becomes. And, getting covered with tar is not fun or cheap. Lawyers, engineers, experts and media consultants all may be needed to achieve a resolution that is sensible for your business.

At DRM, our Environmental Litigators have been litigating environmental claims for three decades. We have seen and done it all. Before you have to beg Br’er Fox to not throw you in the briar patch just to get away from tar baby, call DRM’s Environmental Litigators. We can help.

To discuss how DRM may help you clean up your sticky situation contact our lead environmental litigator, Brad Fawley.

Effective representation in complex claims involving contaminated properties and toxic torts

Claims concerning contaminated properties and toxic torts often have high stakes--financially and publicly. DRM's Environmental Litigators try cases for and provide counseling advice to a wide range of companies and individuals throughout New England, New York and New Jersey. For example, we have recently handled the following claims.

• $100 million CERCLA litigation for a Fortune 50 industrial manufacturer
• Innovative use of 13th and 14th Amendments to secure a permanent injunction against the State of New Jersey who was discharging leachate on our client's property
• $5 million verdict for aggravated damages in a property damage toxic tort case
• represented potentially responsible parties at over 100 federal and state Superfund sites in the Northeast;

Clients may also draw on the resources of the firm's Public Relations (link) team to help manage the political and publicity impacts of a claim, allegations or verdict.

Smart, sensitive representation in enforcement actions brought by environmental agencies and citizens groups

In New England community and governmental opposition can stall or break a project. We regularly defend our clients against enforcement actions brought by environmental agencies and citizen groups. We understand and formulate strategies to that account for the intricacies of the environmental permitting processes in our region, the underlying policies and administrative or enforcement procedures, and if necessary, the remedies available to our clients in courts of law. For example, we recently

• represented our client in the Vermont Supreme Court to uphold land use planning and development permits issued by the Environmental Court;
• established that federal preemption exempts railroads in Vermont from complying with Act 250 zoning laws;
• handled multi-jurisdictional appellate litigation involving stormwater permitting for a major national retailer;
• designed and implemented a comprehensive strategy that minimized legal, administrative, political and media liability for a client who discovered significant contamination on its industrial property.

To speak with an environmental litigator about defending an enforcement action, contact Brad Fawley.

For assistance in navigating the environmental permitting process....Link to Real Estate & Environmental Law Group.

Experienced representation of policyholders in disputes regarding insurance coverage or environmental liabilities

Whether coverage is sought for a barge sinking in the Great Lakes, shipyard cranes that have been blown into the ocean by a hurricane, industrial pollution in the Northeast, gasoline contamination from a leaky fuel pump, dry cleaning fluid releases or condominium property damage, DRM's Insurance Recovery team can maximize your insurance recovery.

For the past twenty five years, our lawyers have represent policyholders in disputes against insurance companies regarding insurance coverage for environmental and other claims. The firm's practice in this area is nationwide.

To learn more about our Insurance Recovery Practice, call Bruce Palmer or Brad Fawley.