Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson's Environmental Litigation practice includes remediation and cost recovery litigation under the "Superfund" law and its state equivalents, environmental insurance coverage litigation, and regulatory compliance matters under local, state and federal environmental regulations and laws. When necessary to meet our clients' needs, other members of the Firm's Environmental, Health & Safety and Energy Groups are available to team with litigation attorneys to provide the best possible combination of environmental law and complex litigation experience.

Representative Matters

• Represented manufacturer and distributor of consumer products in defending enforcement actions and coming into compliance under federal EPCRA and FIFRA, and state right-to-know laws such as California's Proposition 65.
• Represented project developer and nonprofit foundation in successful recovery from prior landowners of a large portion of the petroleum tank removal and other environmental cleanup costs incurred during construction of sports stadium in downtown Memphis, Tennessee.
• Represented industrial client in the advantageous cash-out settlement of its offsite liabilities and potential liabilities at a cluster of landfills and other superfund sites in Dayton, Ohio, where client formerly had operated a major facility.
• Represented landowner in CERCLA cost recovery and contribution action against former lessee responsible for PCB releases. Full indemnity obtained from former tenant for costs of investigation and remediation.
• Represented foam manufacturer in RCRA criminal prosecution. Majority of indictment dismissed; global settlement of all state and federal civil and criminal claims on favorable terms.
• Represented quarry owner in property damage actions brought by neighbors. Consolidated action separated into multiple individual actions for trial and case settled shortly after motion to sever granted.
• Defended a major pulp and paper manufacturer in class action brought on behalf of a multi-state class of over 3,000 landowners alleging damage from the discharge of dioxin into the Tennessee-Tombigbee Waterway. Nominal settlement reached and concluded after notice to the class.
• Defended a major chemical manufacturer in class action brought on behalf of class of 5,000 landowners and occupants alleging personal injury and property damage from air and water discharges. Case settled after class notification by co-defendant with no contribution by the Firm's client.

Services Available