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Environmental Litigation

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Environmental Litigation and Dispute Resolution

Diamond McCarthy’s complex litigation practice runs the gamut in large stakes disputes from real estate and construction to significant energy and natural resource matters.  Often these cases are intertwined with environmental issues directly impacting the outcome.  This experience had evolved into a niche environmental practice.

Diamond McCarthy environmental litigators represent plaintiffs and defendants in environmental-related disputes including cost-recovery and contribution actions, CERCLA, RCRA, Clean Water Act, and Oil Pollution Act litigation, as well as in similar state law actions, nuisance and property damage litigation, natural resource damages litigation, and insurance disputes concerning environmental coverage. Our attorneys’ expertise includes soil, groundwater, surface water, air issues, and the migration of a host of sub-surface and airborne contaminants of concern including petroleum products. We have tackled some of the nation’s largest Superfund sites, and are among the leaders in cutting-edge natural resource damages work.

At our core we are trial lawyers and counselors, combining well-honed courtroom skills with environmental expertise and understanding. Our experience in environmental jury trial representation enables us to synthesize and convey complex issues and scientific/technical concepts not only to judges and arbitrators but also to juries.

Cost Recovery and Private Property Contamination

Diamond McCarthy has extensive experience defending clients against allegations of environmental damage linked with legacy contamination, often arising from historical transportation, storage, or manufacturing of contaminants.  We are intimately familiar with the regulatory labyrinth and the challenges of statutorily-imposed joint and several liability.  We know how to develop strategies to either defend clients from claims brought by government entities or private parties or to creatively and successfully obtain substantial recoveries for clients that partially or completely offset environmental remediation costs associated with these sites.  

Multiparty Cost Recovery and Federal Superfund Site Risk Management and Representation

Diamond McCarthy environmental attorneys have experience in contaminant investigations, identifying responsible parties, allocating liability, and coordinating remedial investigations and cleanups.  We know how to navigate regulator and third-party interactions and address innocent landowner issues, de minimis settlements, and natural resource damages.

Practice Leader: Lauren Valastro