Environmental and Toxic Tort LitigationPRINT PAGE
Mowrey Meezan Coddington Cloud LLP (M2C2) has extensive experience representing clients in complex, high-stakes, multi-party environmental litigation before federal and state courts and administrative agencies throughout the United States. We have successfully prosecuted and defended cases arising under the major federal environmental statutes (including the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)), analogous state statutes, and common law tort claims representing millions of dollars of potential liabilities.
We understand that no client enjoys being a party to litigation, environmental or otherwise, and we pride ourselves on providing our clients with creative and innovative strategies for prevailing in litigation as quickly and cost-effectively as possible.
Representative Matters
- Successfully defended the City of Atlanta in litigation by Fulton County seeking to set aside contracts for the management of all of the City’s residential waste. We defeated Fulton County’s attempt to enjoin the performance of the contracts, obtained the complete dismissal of the County’s claim, and successfully moved for the City’s attorneys’ fees. After oral argument before the Georgia Supreme Court, the dismissal was affirmed on the constitutional grounds we raised.
- Handled simultaneous defense of enforcement investigations by U.S. Environmental Protection Agency, U.S. Department of Transportation, the U.S. Agency for Toxic Substances and Disease Registry, the Georgia Environmental Protection Division, the Alabama Department of Environmental Management, and the Georgia Department of Health, along with a major private class action, concerning a pesticide release to the air allegedly exposing population within a 200 square mile area. Obtained favorable resolution of enforcement actions and settlement of class action.
- Successfully led the defense of a major manufacturer facing threatened mass tort/nuisance action involving residents near major smelting operation. Using creative approach to aggressively challenge plaintiffs’ claims, avoided suit and obtained favorable settlement.
- Obtained for Fortune 500 financial institution, the dismissal of multi-million dollar CERCLA litigation brought by a potentially responsible party group. The case involved the attempted imputation of officer liability to the institution as well as complex federal jurisdictional issues.
- Obtained for a Fortune 50 worldwide transportation and logistics company, the dismissal of RCRA citizen suit litigation brought by a California environmental organization in two separate proceedings.
- Led the simultaneous enforcement negotiations and private party litigation defense for major manufacturer at site involving up to $500 million in remedial costs. Finalized what was termed the most complex agreement ever entered by U.S. EPA Region 4 that provided for investigation and cleanup of up to 12,000 residential parcels, and litigated issues concerning the contribution protection effects of that agreement. Succeeded in obtaining very favorable settlement of ongoing consent order obligations with a cash-out agreement.
- Successfully obtained for a Fortune 50 worldwide transportation and logistics company, the dismissal of toxic tort litigation brought in West Virginia.
- Successfully prosecuted litigation brought by large Southeast municipality against its landfill gas contractor.
- Obtained favorable resolution for the City of Atlanta in nuisance litigation alleging property damage and personal injury resulting from alleged sanitary sewer issues.
- Obtained favorable resolution for the most significant defendant in multi-party CERCLA litigation over an alleged landfill on plaintiff’s property.
- Obtained for Fortune 50 diversified chemical company, favorable resolution in multi-party CERCLA litigation in separate cases in New Jersey and Georgia.