Our practice team is staffed with seasoned environmental litigators, including from the U.S. Department of Justice and the New York Attorney General’s Office, who have represented public and private sector clients in bringing and defending environmental challenges in state and federal court and before administrative agencies. Our broad environmental litigation experience includes:
 
  • Administrative Appeals and Challenges to Permitting Decisions and Environmental Reviews We have experience challenging and defending agency permitting decisions and environmental reviews, often in situations involving controversial infrastructure development projects. Our experience includes bringing and defending challenges under the National Environmental Policy Act (NEPA) and the New York State Environmental Quality Review Act (SEQRA), and related claims arising under laws such as the Endangered Species Act, Section 404 of the Clean Water Act (and analogous state laws), Section 106 of the National Historic Preservation Act, and challenges to the possible environmental justice impacts of permitting decisions under Executive Order 12898. Our experience defending and challenging agency decisions allows us to represent our clients in all aspects and sides of environmental disputes and challenges.
 
  • Defense of Regulatory Enforcement Actions When clients are charged with alleged violations of environmental laws by state or federal regulators, our team is well-equipped and experienced to defend our clients against these actions.
 
  • Toxic Tort Defense We have experience defending clients against toxic tort lawsuits and class-actions relating to hazardous materials and other environmental matters, and in Fifth Amendment litigation alleging taking of real property without just compensation through environmental contamination. 
 
  • Citizen Suits We have successfully defended clients against citizen suits brought under state and federal law, including the federal Clean Water Act and state equivalents. 
 
  • Cost-Recovery Actions Our litigators have experience bringing and defending against cost-recovery lawsuits for environmental cleanups under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and analogous state laws.
Team
headshot of team member Al Carlacci
Senior Environmental Consultant, Air Permitting and Compliance
headshot of team member Richard M. Scherer, Jr.
Partner | Team Leader - Business & Commercial Litigation
headshot of team member Ian A. Shavitz
Partner | Team Leader - Environment & Energy
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