Environmental Litigation

Our clients have dealt with disputes that run the gamut from straight forward to complex, from single party to multi-party or class action, and from regulatory to tort to business matters.

In addition to having a significant economic impact on a business, environmental litigation can negatively affect a company’s ability to operate. McGrath North attorneys offer more than 80 years of experience successfully representing our clients involved with environmental issues. From large corporations across many industries, to small business owners and the agricultural sector, we have represented clients in a wide range of environmental actions. These actions include environmental enforcement, site remediation, toxic tort claims, insurance coverage matters and contract disputes. We have represented our clients’ interests in federal actions, as well as state and local jurisdictions throughout the country. We have represented our clients in administrative and litigation proceedings, as well as alternative dispute resolution actions. We also assist our clients in developing strategies for avoiding future regulatory, contractual or third party environmental actions.

To view a map illustrating the regional and national scope of our practice, please select the link below:

• Environmental Litigation Litigation map

Representative Matters:

• Represented an alleged corporate successor to an owner/operator of a leather tannery company in Maine in connection with a cost recovery action brought by U.S. Environmental Protection Agency.  Representation included defenses as to successor liability, and a counterclaim against the U.S. Environmental Protection Agency for arranger liability.
• Represented a major commodities company in a class action suit regarding claims of nuisance and related environmental claims stemming from the operations of its Louisiana export elevator.
• Represented the corporate successor of a pesticide and fertilizer formulating company in North Carolina in a cost recovery action by the U.S. Environmental Protection Agency.  The suit named the operator and more than 10 major customers in connection with alleged releases of hazardous substances from the facility.  Representation also included cross-claim litigation and mediation with the customers for allocation of investigation and remediation costs.
• Represented a pesticide and fertilizer manufacturer in Mississippi with respect to toxic tort claims by approximately 60 plaintiffs who were adjoining landowners to the production facility.  The plaintiffs alleged personal injuries and property damages arising out of releases of hazardous substances from the facility.
• Defended a major foods company in regard to citizens’ suit claims under California’s Proposition 65, concerning warning requirements for carcinogens and reproductive toxicants, relating to chocolate products manufactured and distributed by the company.
• Represented a company in suit to recover substantial environmental investigation and remediation costs, against multiple insurers, in regard to a former industrial facility located in New Jersey.
• Represents a former plastics manufacturing and recycling facility in Southern California in connection with an action brought by the Orange County Water District (OCWD). OCWD claims damages for investigation and future remediation of a large water basin allegedly contaminated by releases of hazardous substances from plant operations in the area.
• Defended a poultry company in regard to claims made by the Oklahoma Attorney General regarding contamination of Oklahoma watersheds alleged to be from poultry litter utilized by contract growers.
• National counsel to former lead pigment and paint manufacturer with responsibility for formulating and implementing strategy for defense of product liability, public nuisance and class actions brought  across the country by public entities and private individuals  related to the historical sale and marketing of lead pigment and lead paint.
• Represented a former meat processor in California in a lawsuit by the purchaser of the facility for liability for nitrate contamination.  The representation included counterclaims and the addition of a third party defendant.