Environmental Litigation and Regulatory Compliance
OVERVIEW
CLIENTS

Maynard Cooper’s environmental litigation practice is extensive.  The firm’s experience covers a wide spectrum, including representing clients in both civil and criminal federal enforcement actions; before the myriad of local, state and federal regulatory agencies; in prosecuting and defending Superfund cost recovery actions; and, in mass tort litigation involving hundreds or thousands of plaintiffs.  However, unlike many law firms in which environmental attorneys and litigation attorneys are in separate departments, our environmental practice group consists of lawyers who have an extensive regulatory compliance practice as well as significant litigation experience with expertise in trial strategies and defenses.  Our lawyers have served as lead counsel in trials, in administrative hearings, and in permitting appeals, as well as regularly representing clients in significant matters before the Environmental Protection Agency, the Occupational Safety and Health Administration, the Mine Safety and Health Administration and counterpart state environmental agencies in Florida, Alabama, Georgia, Mississippi and elsewhere.

Toxic Torts

Maynard Cooper’s environmental lawyers bring their years of experience in the courtroom to bear on mass tort litigation involving the complex interplay of federal, state and local environmental statutes and regulations with traditional multi-plaintiff or class action claims for personal injury and property damage. Because these complex cases often involve hundreds and sometimes thousands of plaintiffs and hundreds of thousands of pages of documents, case management is critical. Thus, the firm’s environmental practice group also has significant experience in the electronic production and management of documents, in coordinating closely with joint defense groups in preparing common defenses, and in representing clients in multi-district consolidated litigation.

Regulatory Compliance

The firm also has substantial experience in counseling clients with respect to environmental issues, thus preventing enforcement actions or litigation from occurring in the first instance or assisting clients with internal investigations and with voluntary disclosure decisions if necessary. Our effectiveness at anticipating issues for clients and handling regulatory compliance matters hinges in large part on our attorneys’ proven ability to keep abreast of the numerous statutory and regulatory changes occurring on a constant basis. Among other things, our attorneys often represent clients in helping shape specific environmental legislation in Alabama and regularly give seminars covering important issues and hot topics in specific areas of environmental law.

Business Transactions

Maynard Cooper’s environmental attorneys are regularly called upon by other practice groups within the firm (mergers and acquisitions, real estate, banking, bankruptcy, etc.) to provide expert insight for clients on environmental issues that must be addressed and evaluated as part of those transactions. For example, our environmental attorneys provide guidance in managing environmental due diligence, evaluating environmental indemnification and insurance issues and negotiating with local agencies to resolve permitting issues or seeking brownfield status for certain properties.

Representative Environmental Matters

Maynard Cooper’s Environmental Litigation and Regulatory Compliance group has successfully represented clients and handled matters in every area of environmental law. Representative matters include:

  • Represented a national limestone mining company in administrative challenges to the air and water discharge permit applications that were ultimately issued and upheld on appeal.
  • Challenged state legislation and emergency order regarding anti-degradation policy affecting water discharge permit limits for quarries and other related mining industries.
  • Routinely represent limestone, aggregate, and cement mining and processing plants regarding permit compliance matters in addition to assessing and evaluating environmental risks and liabilities associated with potential transactions.
  • Represented a division of a national client in a civil enforcement action brought by the United States Department of Justice alleging violations of the Prevention of Significant Deterioration (“PSD”) air regulations. Obtained a jury verdict that no PSD permit was required.
  • Represented a national steel manufacturer in a state court nuisance and trespass action brought by over 1400 members of an adjacent community alleging air pollution. Obtained a defense verdict in an initial “bellwether” trial involving four of the subject properties. The remainder of the claims were settled.
  • Served as a member of the lead national defense attorney team appointed by a Department of Labor ALJ in the contest of over 4,000 administrative citations. Participated in a three-month “common issues” trial of scientific issues, ultimately resulting in all citations being vacated.
  • Worked with a publicly-traded, Fortune 500 energy company in permitting and obtaining financing for electric co-generation facilities.
  • Represented a company that was the subject of a series of New York Times articles concerning the environmental, health and safety practices at its plants in Alabama, Texas, Utah and New Jersey. Responded to grand jury subpoenas in multiple jurisdictions and ultimately served as co-counsel at trial involving allegations of criminal Clean Water Act violations.
  • Challenged state legislation imposing higher fees on out-of-state waste shipped to a hazardous waste treatment, storage and disposal facility. The legislation was found to be unconstitutional by the trial court and ultimately by the U.S. Supreme Court.
  • Represented several defendants in a myriad of cases in Alabama, Georgia, and Mississippi alleging personal injuries due to asbestos exposures.
  • Represented four defendants in a Superfund cost recovery action brought by historic PCB manufacturer seeking over $30 million in past costs, as well as undefined future costs.
  • Represented major chemical manufacturer in action involving 1,600-plus plaintiffs alleging personal injury as a result of exposure to product.
  • Represented defendant in putative toxic tort class action alleging both personal injury, property damages and property value diminution from historical industrial operations.
  • Represented potentially responsible parties in negotiating a CERCLA administrative order with the U.S. Environmental Protection Agency and Department of Justice for investigation and cleanup of historical industrial releases of hazardous substances.
  • Represented industrial defendant in a series of toxic tort complaints in both state and federal court in which the named plaintiffs exceed 5,000, making both personal injury and property damage claims, as well as mental anguish and punitive damages.
  • Acted as common counsel to a group of potentially responsible parties (“PRPs”) for a CERCLA site, including the negotiation of a consent agreement, as well as successfully litigating against non-participating PRPs for monetary contributions to the investigation and cleanup.
  • Routinely represent industrial, manufacturing, and agricultural facilities as well as municipal wastewater treatment facilities in Clean Water Act citizen suits in federal court.

Our Clients

Maynard Cooper regularly represents clients involved in heavy manufacturing, chemical formulation, mining, hazardous and solid waste management, pulp and paper, banking, real estate, foundry, and energy generation. Representative environmental clients include:

  • AGC Automotive
  • AIG Baker
  • Allegheny Ludlum Corporation
  • BAE Systems
  • Calpine Corporation
  • CMC Steel
  • Colonial Properties
  • Dow Chemical Company
  • Drummond Company
  • FMC Corporation
  • Goldkist, Inc.
  • Jim Walter Resources, Inc.
  • Koppers Industries, Inc.
  • McWane, Inc.
  • MeadWestvaco
  • Mohawk Carpets
  • Nucor Corporation
  • Pemco Aeroplex, Inc.
  • Plantation Pipeline Company
  • PPG Industries, Inc
  • Regions Bank
  • Southern Natural Gas Co.
  • Trinity Industries, Inc.
  • U.S. Pipe & Foundry, Co.
  • U.S. Steel Corporation
  • United Security Bank
  • Walter Industries
  • Walter Coke, Inc.
  • Waste Management, Inc.

Our Lawyers

Our team includes two past Chairs of the Environmental law section of the State Bar of Alabama, a past Chair of the Litigation Section of the American Bar Association (ABA) and the 2008-2009 President of the ABA.  Two of our lawyers have been listed by The Best Lawyers in America© in Environmental Law with one of our lawyers being named Best Lawyers® “Lawyer of the Year” in their respective regions on two occasions.  In addition, two of our lawyers have prior educational and working experience in the environmental field with one having earned a master’s degree in forestry and the other having earned a master’s degree in environmental science and management.

  • Action Resources, Inc.
  • AIG Aviation
  • Allegheny Ludlum Corporation
  • Amerex Corporation
  • American Cast Iron Pipe Company
  • American Government Services
  • Amoco Production Co.
  • Armstrong International Inc.
  • Astralloy Steel Products, Inc.
  • BAE Systems, Inc.
  • Beal Bank
  • Blue Cross and Blue Shield of Alabama
  • Borden Chemical, Inc.
  • Bush Hog, L.L.C.
  • Business Council of Alabama
  • Calpine Corporation
  • Chemical Waste Management
  • Ciba Geigy Corporation
  • Citation Corporation
  • Clayton Homes
  • Clow Water Systems
  • ConocoPhillips Petroleum Co.
  • Continental Carbon Company
  • Crown Central Petroleum
  • Drummond Company, Inc.
  • Eaton Corporation
  • El Paso Energy Corporation
  • Equiva, Inc.
  • ExxonMobil
  • Ford Motor Co.
  • GA Pacific
  • Grandbridge Real Estate Capital LLC
  • HighMount Exploration & Production LLC
  • Hoffmann La-Roche, Inc.
  • International Paper Co.
  • Jenkins Brick Company
  • Jim Walter Resources, Inc.
  • JMIC Life Insurance Company
  • Koppers Industries, Inc.
  • Law Engineering, Inc.
  • Ligon Industries, LLC
  • Magna International/KAMTEK
  • Manchester Tank and Equipment Co., Inc.
  • McWane, Inc.
  • MeadWestvaco Corporation
  • Mercury Air Centers, Inc.
  • Mitternight Boiler Works, Inc.
  • North American Bus Industries, Inc.
  • Pemco Aviation Group, Inc.
  • Plantation Pipe Line Company
  • Shell Oil Company
  • Sloss Industries
  • Sonat Inc. (Southern Natural Gas Company)
  • Southern Energy Homes, Inc.
  • Southern Research Institute
  • Surmodics/Brookwood Pharmaceuticals, Inc.
  • Takata, Inc.
  • Tenneco, Inc.
  • The Dow Chemical Company
  • The Westervelt Company, Inc.
  • TRW, Inc.
  • Tuthill Corporation
  • Tyco International Ltd.
  • Tyson Foods, Inc.
  • U.S. MicroPowders, Inc.
  • U.S. Pipe & Foundry
  • U.S. Steel Corporation
  • Union Carbide Corporation
  • United Rentals, Inc.
  • USCO Power Equipment Corporation
  • Wade Sand and Gravel, Inc.
  • Walter Energy, Inc.
  • Waste Management, Inc.
  • Weil Brothers-Cotton, Inc.
  • Wise Alloys
December 14, 2018
MAYNARD COOPER ADDS GOVERNMENT RELATIONS VETERAN RAYMOND BELL AS SHAREHOLDER

Birmingham, Al. Maynard Cooper & Gale is pleased to announce that Raymond L. Bell, Jr. has joined the Firm as a Shareholder in the Government Solutions Practice Group of the Corporate Section.  Bell will practice out of both the Mobile…

November 14, 2018
Hot Issues in the Ongoing Third Party Release Debates

On November 20, 2018, Leland Murphree will be on a webinar panelist for the American Bankruptcy Institute,  “Hot Issues in the Ongoing Third Party Release Debates.”