Contact

Mark W. Schneider

PHONE: 206.359.8627
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Shane R. Swindle

PHONE: 602.351.8384
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Environmental Litigation

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Overview

Environmental issues often give rise to controversy and litigation. Perkins Coie has broad experience representing clients in all types of environmental litigation in federal and state trial and appellate courts. Our attorneys are also experienced in adjudicatory proceedings before administrative tribunals. Our representative cases include the following:

  • Pinal Creek Group, et al. v. Newmont Mining Corp., et al.
    Representing Newmont Mining Corp. in multi-party CERCLA cost-recovery action. Successful interlocutory appeal establishing that liable private parties are limited to contribution claims; matter pending. 118 F.3d 1298 (9th Cir. 1997)

  • Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission
    Licensing and successful defense of challenge to FERC license for operation of hydroelectric plant. Court held that the license did not violate the Religious Freedom Restoration Act or National Historic Preservation Act.  545 F.3d 1207 (9th Cir. 2008)

  • Key Tronic v. United States
    Represented Key Tronic at trial, on appeal, and in U.S. Supreme Court in action defining recovery of attorneys' fees under CERCLA. 511 U.S. 809 (1994)

Our environmental litigation experience includes:

  • Cost recovery, contribution, and natural resource damage litigation under CERCLA and similar state statutes.
  • Lawsuits challenging permits and approvals issued pursuant to the Clean Water Act, the Clean Air Act, the Endangered Species Act, the Resource Conservation and Recovery Act, and other federal, state and local environmental and land use laws.
  • Defense of criminal, civil and administrative enforcement matters brought under federal and state environmental statutes.
  • Performance of confidential investigations in response to threatened criminal or civil prosecutions, whistle-blower claims and other concerns.
  • Litigation challenging regulations promulgated by federal and state agencies to implement environmental statutes.
  • Citizen suits brought by groups attempting to enforce federal and state environmental statutes.
  • Toxic tort, nuisance and property damage litigation arising out of environmental events and concerns.
  • Litigation concerning insurance coverage for environmental claims.
We advise clients on environmental issues in the hope of avoiding litigation. When litigation is necessary or unavoidable, however, Perkins Coie brings extensive experience to bear in representing our clients to obtain successful results. We also regularly participate in settlement negotiations, mediations, arbitrations and other forms of dispute resolution.