Environmental Litigation

Members of Perkins Coie's Environmental Litigation group represent clients in some of the nation's most significant environmental litigation matters.  These matters include multi-party cleanup sites and project , or high-stakes permit challenges in trial courts, appellate courts, administrative tribunals and alternative dispute resolution forums.

Our environmental litigation experience includes:

• Cost recovery, contribution, and natural resource damage litigation and settlements under CERCLA and similar state statutes.
• Permits and approval challenges under 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.
• Defense of citizen suits brought by groups alleging violations of federal and state environmental statutes.
• Toxic tort, nuisance and property damage litigation arising out of environmental events and concerns.
• Represent policy-holders in suits to obtain  insurance coverage for environmental claims.

Some of our representative environmental cases include:

• Coeur Alaska v. Southeast Alaska Conservation Council
  U.S. Supreme Court, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the District of Alaska
  Represented intervenor in successful defense of Clean Water Act Section 404 permit for tailings disposal for modern gold mine project. 129 S. Ct. 2458, ___U.S.___ (2009).
  
• Key Tronic Corp. v. United States
  U.S. Supreme Court, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the Eastern District of Washington
  Represented Key Tronic in action defining recovery of attorneys' fees under CERCLA. 511 U.S. 809 (1994)
  
• Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission
  U.S. Court of Appeals for the Ninth Circuit
  Licensing and successful defense of challenge to FERC license for operation of hydroelectric project.  545 F.3d 1207 (9th Cir. 2008)
  
• Boeing Co. v. Cascade Corp.
  U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the District of Oregon
  Recovered past environmental response costs and future costs in CERCLA contribution action against neighboring landowner. 920 F. Supp. 1121 (D. Or. 1996), aff'd, 207 F.3d 1177 (9th Cir. 2000)
  
• Pinal Creek Group, et al. v. Newmont Mining Corp., et al.
  U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the District of Arizona
  Successful interlocutory appeal in multi-party CERCLA case. 118 F.3d 1298 (9th Cir. 1997)
  
• United States v. MasTec
  U.S. District Court for the District of Oregon
  Successful defense of Clean Water Act enforcement action based on alleged permit violations during construction of a 90-mile natural gas pipeline.
  
• Okanogan Highlands Alliance v. Crown Resources
  U.S. District Court for the Western District of Washington
  Represented project proponent in obtaining dismissal of challenges to construction of mine.
  
• Klamath Tribes of Oregon v. PacifiCorp
  U.S. District Court for the District of Oregon
  Obtained summary judgment of dismissal, with affirmance on appeal, of claim by Tribes alleging treaty violations and harm to salmon fishery caused by dams on Klamath River.
  
• In re Lyondell Chemical Co.
  U.S. Bankruptcy Court for the Southern District of New York
  Challenged bankruptcy settlement discharging CERCLA and state law liability concerning the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site. 442 B.R. 236 (Bankr. S.D. NY 2011)
  
• SnoqualmieValley Pres. Alliance v. United States
  U.S. District Court for the Western District of Washington
  Represented intervenor and obtained dismissal of challenge to federal permits issued for hydroelectric project. 2011 WL 1215605 (W.D. Wash. March 30, 2011)
  
• City of Moses Lake v. Boeing Co.
  U.S. District Court for the Eastern District of Washington
  Defended manufacturer in action involving CERCLA, state Superfund, and common law claims related to alleged contamination of municipal wells; multiple claims dismissed through summary judgment. 430 F. Supp. 2d 1164 (E.D. Wash. 2006)