Environmental Torts, Class Actions and Public Nuisance Litigation
The lawyers in Sidley Austin LLP’s environmental torts practice have defended numerous environmental tort cases, including class actions, in dozens of states. We have handled many cases successfully from trial through appeal. Our lawyers know the science involved with PCBs, mercury, benzene, asbestos, dioxins, TCE, formaldehyde and many of the other major chemicals. We work closely with a large number of the prominent defense experts in the field – and opposite many of the most well-known plaintiffs’ experts, frequently obtaining
Daubert exclusion orders (our
amicus brief was cited by the majority in the Supreme Court’s
Kumho Tire case). 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. Our lawyers also constantly explore new case management strategies, alternative billing arrangements, client-friendly extranet facilities, and the latest document management and trial presentation tools.
Highlights of our work include:
- Representation of electric utilities in several federal suits brought by several states, New York City and advocacy groups alleging that utilities’ CO2 emissions constitute a public nuisance through their contribution to global climate change. The first of the cases is currently before the U.S. Supreme Court on a petition for certiorari filed by Sidley.
- Represented a manufacturing company in the defense of more than seventy suits filed in the aftermath of a tank car explosion in Alaska.
- Represented refineries in class actions seeking damages for personal injuries, property devaluation and medical monitoring following petroleum product infiltration into homes.
- Represented a pipeline company in multi-state class actions involving claims for property value diminution and personal injuries due to alleged PCB spills.
- Represented a lead-paint manufacturer in connection with purported class actions potentially involving tens of thousands of plaintiffs seeking medical monitoring costs.
- Represented manufacturing companies in defense of public nuisance and trespass claims brought by state Attorney Generals alleging that water discharges contaminated river and canal sediments.
- Represented numerous manufacturing companies in class action suits involving claims for diminution of property value and fear of cancer as a result of alleged contamination from an industrial facility.
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