Environmental & Toxic Tort Litigation
Crowell & Moring lawyers are nationally recognized in the defense of clients under every major environmental law and in class-action and community-wide toxic tort litigation.
For more than twenty years, members of our team have defended "neighborhood" cases involving alleged exposures to TCE and other chlorinated solvents, vinyl chloride, PCBs, dioxins, benzene, creosote, beryllium, pesticides, and mixed chemical releases at contaminated sites. These cases have raised the whole gamut of medical claims, such as:
- cancer
- endocrine disruption
- birth defects and developmental disorders
- learning disabilities
- immune dysfunction
- neurological injury
- pulmonary disease
- multiple chemical sensitivities
We have also addressed claims for medical monitoring, emotional distress, diminished property values, and lost profits, and have defended against cutting-edge liability theories, including those related to climate change. Our lawyers have won major cases before juries. We have successfully resolved others through dispositive motions, Daubert motions, mediation, arbitration, and summary jury trial.
Our environmental defense team has represented clients at contaminated sites for nearly three decades, litigated complex citizen suits under multiple statutes, and defended claims for natural resource damages. Our expertise covers the new frontier of remediation, allocation, and cost recovery issues, including those at multi-party contaminated sediment sites under Superfund.
Experience has taught us that representation of our clients in environmental and toxic tort cases often goes beyond the courtroom — it requires an understanding of the larger playing field. Contaminated sites can create a web of interrelated litigation, regulatory, and public relations strategy challenges. Every step of the way, the company's reputation is at stake with environmental agencies, affected communities, the news media, shareholders, and customers.
That's why Crowell & Moring offers an integrated, multi-disciplinary approach to the defense of environmental tort suits. Our team combines the firm's resources in toxic tort litigation, environmental law, science, and communications. We strive to bring the best science to the court and jury or regulatory agency, while clearly demonstrating our client's good corporate citizenship and its commitment to protecting the environment and public health. We also offer services that can minimize exposure to litigation before a suit is filed, including:
- due diligence
- environmental and toxic tort audits
- litigation readiness planning
- crisis management
Drawing on the firm's in-house consulting scientist and the technical and public affairs experts in the firm's Public Policy Group, our team can help clients coordinate their litigation, environmental safety and health, and public affairs strategies at contaminated sites. While we defend the tort claims, we can also advise clients in negotiations with state and federal environmental agencies and counsel the company's remediation team and contractors.
Our advice is informed by our extensive experience with the technical issues surrounding historical plant operations, site investigation, and cleanup. It also calls upon our long history of defending claims of occupational and consumer exposure to chemical products.
Our goal in every case is not only to win the litigation, but also to develop a creative, customized strategy for solving the entire problem.