Our Practice

Environmental Torts, Class Actions and Public Nuisance Litigation


Our lawyers have tried numerous complex and high-exposure environmental tort cases asserting property damage, personal injury and medical monitoring claims based on allegations of groundwater, water, surface or air pollution from ongoing and historical operations and industrial accidents. These cases often involve requests for class actions. In addition, our lawyers have worked on cutting-edge public nuisance cases brought by states and environmental advocacy groups, including, for example, claims for damages and injunctive relief from contamination of a river, and claims for injunctive relief for alleged contributions to global warming from emissions of carbon dioxide.

A number of key attributes provide us with a sound foundation to defend environmental torts, class actions and public nuisance cases, including:

Scientific Knowledge

Our lawyers know the science involved with PCBs, mercury, benzene, asbestos, dioxins, TCE, formaldehyde and most of the other major chemicals. We have worked opposite many of the well-known plaintiffs' experts, frequently obtaining Daubert exclusion orders (our amicus brief was cited by the majority in the Kumho Tire case). We have worked with a wide range of experts to advocate on our clients’ behalf.

Creativity

Clients appreciate our ability to develop and successfully implement novel approaches to seemingly intractable problems – such as Lone Pine orders, value protection programs, mandatory classes and innovative settlements structures. In addition, we constantly explore new case management strategies, alternative billing arrangements, client-friendly extranet facilities and the latest document management tools.

Extensive Experience

Our Environmental group includes experienced litigators who have worked in the private and public sector litigating environmental claims. We know the law, and we know how to apply it to achieve successful results for our clients. Our lawyers understand first-hand both the judicial and regulatory decision-making processes – both of which are so critical to the successful resolution of any environmental tort case.

We also have a broad range of experiences in a variety of different settings. Sample representations include:

  • Defending utilities in suits brought by several northeastern states, California and land trusts seeking injunctive relief under federal common law of nuisance for utilities’ alleged contribution to global warming. 
  • Defense of a manufacturer in several mass tort and class action cases involving alleged property damage and personal injuries from air emissions. 
  • Representation of manufacturing company in the defense of more than seventy suits filed in the aftermath of a tank car explosion in Alaska (on the heels of the Valdez rupture). Obtained summary judgment and reimbursement of all attorneys' fees, including in-house counsel's expenses. 
  • Defense of manufacturing company in defense of public nuisance and trespass claims brought by state alleging that company’s water discharges contaminated river and canal sediments, and prevented state from dredging. Obtained dismissal of complaint. 
  • Representation of pipeline company in multistate class action involving claims for property value diminution and personal injuries due to alleged PCB spills. Defeated class certification and claims essentially disappeared shortly afterward. 
  • Representation of lead-paint manufacturer in connection with purported class actions potentially involving tens of thousands of plaintiffs seeking medical monitoring costs. Sidley argued the case on behalf of the entire defense group and obtained dismissal of the complaint. 
  • Representation of manufacturing company in class action suit in Alabama involving claims for diminution of property value and fear of cancer as a result of alleged contamination from industrial facility. 
  • Representation of petroleum company in connection with federal and state class actions arising out of groundwater contamination from several former refineries. Suits sought injunctive relief, punitive damages and compensation for alleged lost property value and impaired regional economic development. 
  • Representation of oil company in connection with class action suit brought by neighboring property owners for diminution in property value due to alleged air and groundwater releases into the community from petroleum terminal. 
  • Representation of steel manufacturer in a claim brought by numerous neighbors of a plant who alleged physical injuries, emotional distress and diminution in property value as a result of toxic air emissions and dust. 
  • Defense of owner of chemical manufacturing facility against personal injury, property damage and “environmental justice” claims brought by hundreds of neighboring homeowners due to alleged benzene emissions. 
  • Representation of pesticide manufacturer against claims for personal injury, property damage and lost profits after a major pesticide spill into a river from a train derailment. 
  • Representation of utility in connection with suit brought by residents and owner of municipal water supply alleging that chemical discharges from a facility had contaminated the community's drinking water.