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Environmental litigation requires special proficiency. Not only must the lawyers understand the procedural rules that are particular to litigation, but they must also have intricate knowledge of the environmental laws and regulations forming the basis of a claim, and prepare technical and scientific arguments that can make or break a case. Frequently, litigation involves claims brought under federal and state law, and for this reason, our attorneys are also well-versed in state causes of action. On occasion, our clients have been confronted with allegations involving toxic torts, and we have also defended individuals and companies charged with environmental crimes.

Litigation is not confined to the court room, and our environmental attorneys are equally experienced representing clients in administrative adjudication. We represent clients before numerous regulatory agencies, in proceedings ranging from asbestos removal and handling to solid waste facility permitting, from tax proceedings concerning hazardous waste assessments to electrical facility siting.

BS&K's Environmental and Toxic Tort Litigation Practice Group has successfully represented clients in all facets of environmental litigation including:

• Civil cases in state and federal courts brought by governmental and private parties seeking civil damages, response costs, fines and other penalties
• State and federal administrative proceedings involving regulatory issues
• State and federal criminal prosecutions for alleged violations of environmental laws

By way of example, Bond, Schoeneck & King attorneys have represented clients in cases arising from:

• Contaminated environmental media (air, water, soil, groundwater)
• Exposures from consumer products (carbonless copy paper and hair care products)
• Occupational exposures
• Pesticides
• Drugs
• Sick buildings
• Asbestos
• Lead paint

Expertise

Our attorneys have the knowledge to address such environmental issues as:

• CERCLA cost recovery, natural resource damages, and contribution actions
• State Superfund administrative proceedings
• RCRA and Clean Water Act Citizen suits
• Navigation Law Section 181 actions (petroleum discharges)
• Criminal prosecution of environmental statutes and regulations
• Common law claims for personal injury damages, medical monitoring, and property damage
• Asbestos removal and handling violations
• State Environmental Quality Review Act (SEQRA) challenges
• Insurance coverage for environmental claims

Industries

Our attorneys have represented clients in a wide variety of industries that include:

• Chemicals
• Pharmaceuticals
• Pulp and Paper
• Electrical Components
• Hair Care and Cosmetics
• Defense Industry
• Agricultural and Dairy Products
• Energy
• Health Care

Practice Group Members

John D. Allen has 30 years experience in a wide range of civil litigation, including personal injury, property damage and economic loss claims based on pollution of environmental media, including surface water discharges and contamination arising from hazardous waste disposal. He also has experience in project development and land use issues, and insurance coverage issues.

S. Paul Battaglia's intensive trial practice has involved, in recent years, representing multi-national firms in mass tort litigation arising from alleged contamination of groundwater with volatile and semi-volatile organic hydrocarbons, PCBs, and other alleged contaminants. Recent litigation has also included defending Navigation Law, CERCLA and RCRA claims regarding clean-up costs, personal injury, fear of cancer, medical monitoring costs, and punitive damages. He has represented defendants in claims that have asserted damages as large as $500 million allegedly caused by contamination of groundwater with volatile and semi-volatile organic hydrocarbons, PCBs, and a wide variety of other alleged contaminants. Mr. Battaglia has defended common law claims, statutory claims including Navigation Law and CERCLA claims, and similar claims seeking compensatory damages for personal injury, fear of cancer, medical monitoring costs, and punitive damages. He also has extensive litigation experience in all aspects of the defense of claims asserting product liability, premises liability, commercial disputes, drug liability and toxic tort liability.

Kevin M. Bernstein has substantial litigation experience representing clients in federal and state courts and in administrative hearings. His focus has been on matters arising under various federal and state environmental statutes and regulations including CERCLA and state superfund statutes and oil spill litigation brought under the New York Navigation Law. He has also litigated personal injury and property damage cases based on exposure to harmful substances, including cases arising from contamination of soil and groundwater, and cases involving alleged exposures to solvents, petroleum products, and other irritants.

Robert H. Feller concentrates his practice in environmental law, land use and municipal law. He held the positions of Assistant Counsel (1980-86) and Assistant Commissioner (1986-95) at the New York State Department of Environmental Conservation.

Jonathan B. Fellows' extensive litigation experience includes the defense of criminal prosecutions of federal and state environmental laws, such as RCRA and the Clean Water Act, and the defense of personal injury claims based on exposure to asbestos and to hazardous substances in consumer products.

Suzanne O. Galbato's practice includes complex environmental litigation including defense of personal injury and property damage claims arising from the contamination of soil and groundwater. She has experience defending personal injury claims based on exposure to hazardous substances in consumer products.

Thomas D. Keleher has experience with all types of product liability and construction cases including asbestos, benzene and mold exposures. He is a frequent lecturer on product liability and construction matters and is the former Chair of the Product Liability Committee for the Torts, Insurance and Compensation Law Section of the New State Bar Association.

Louis Orbach's practice includes the defense of complex claims for personal injury and property damage arising from soil and groundwater contamination. He also has experience in the defense of toxic tort claims based on exposure to consumer products.

Kimberlee S. Parker has extensive litigation experience representing clients in federal and state courts and in administrative hearings. Her focus has been on matters arising under various federal and state environmental statutes and regulations. Ms. Parker has been heavily involved in litigation brought under CERCLA and State Superfund statutes and oil spill litigation brought under the New York State Navigation Law. She has also pursued insurance coverage actions on behalf of insureds for damages related to environmental claims. Ms. Parker has negotiated beneficial settlement agreements for a number of clients, including orders of consent with a variety of governmental agencies and officials. She represents various municipalities and applicants in cases where the New York State Environmental Quality Review Act (“SEQRA”) review process is being challenged. Ms. Parker has also represented municipalities and applicants in administrative hearings before various state agencies relating to development and permitting issues.

Arthur J. Siegel is experienced in a wide range of litigation, including environmental personal injury and product liability litigation. He has worked on matters including lead paint, poultry waste, oil spills, PCB disposal, used tire disposal, sick buildings and various common law claims arising from other environmental problems.

Brody D. Smith practices in the areas of Environmental and Property Law. He has broad experience in many aspects of environmental law, including litigation and regulatory matters. His experience includes matters involving land use, zoning, permitting, the New York State Environmental Quality Review Act (SEQRA), Clean Water Act, Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA) and toxic torts.

Thomas R. Smith has over 20 years experience in the litigation of environmental issues and toxic tort claims. This experience includes the defense of claims asserted by federal and state governmental agencies for response costs, injunctive relief, natural resource damages, and penalties, as well as claims asserted by private parties for cost recovery and contribution, and under citizen suit provisions of environmental laws. He has negotiated administrative orders on consent, judicial consent decrees and other settlements with a variety of federal and state agencies and officials.

Mr. Smith has also litigated personal injury and property damage cases based on exposure to harmful substances, including cases arising from contamination of soil and groundwater, and cases involving workplace exposures to asbestos, pesticides, solvents and other irritants.

Robert R. Tyson is an environmental and energy attorney who assists industrial, commercial, institutional and municipal clients to resolve New York State and federal regulatory compliance and enforcement concerns. He is experienced in state and federal environmental litigation, including the defense of claims asserted by federal and state governmental agencies for response costs and penalties, and also private-party claims for cost recovery and contribution. Mr. Tyson has defended claims brought under CERCLA, the New York Navigation Law (concerning petroleum spills) and common law. He also has experience in administrative adjudication before the New York State Department of Environmental Conservation. In his environmental compliance practice, Mr. Tyson has negotiated numerous administrative orders on consent, including orders with the U.S. Environmental Protection Agency, Federal Aviation Administration, and New York State Department of Environmental Conservation. He has also structured voluntary disclosures of environmental violations under state and federal audit policies to avoid and/or mitigate the imposition of significant administrative penalties.

Richard L. Weber's practice includes the defense of a variety of toxic tort claims, including personal injury and property damage claims arising from lead paint exposure, pharmaceutical product liability claims, and soil and groundwater contamination claims. He is the author of State v. Speok Fuel: The Untold Story Behind the Court of Appeals Decision (published in The New York Environmental Lawyer, Spring/Summer 2005, at 16), which examined the standard for imposing discharger liability under the New York State Navigation Law.