Representative Experience

  • Represented Teck Metals Ltd. in developing and successfully negotiating what has been called a “historic” transnational agreement with the EPA and DOJ in a cross-border contamination case involving discharges from a mining and smelting facility in Canada.
  • Defeated a novel attempt by environmental organizations to expand scope of federal environmental laws to claim locomotive diesel emissions at a client-operated rail yard violated RCRA.
  • Handled Endangered Species Act issues of first impression in litigation relating to impacts on two species of sturgeon in connection with relicensing of dams on Yadkin Pee Dee River in North Carolina and South Carolina in connection with two Duke Energy hydropower facilities.

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  • CERCLA
    • Represented Whittaker Corporation in federal CERCLA litigation over the liability and allocation of response costs to the United States of America resulting from its defense contracting activities over the past 50 years with Whittaker Corporation and its predecessors.
    • Defended CERCLA cost recovery actions in California, Georgia, Missouri, South Carolina, Texas and multiple other states.
    • Represented a client in a CERCLA investigation regarding the Mammoth Mill site by the U.S. Forest Service.
    • Successfully litigated and advocated for a defense contractor and other parties in CERCLA actions and related appeals stemming from solid rocket fuels use and disposal on defense contracting sites.
  • Clean Air Act
    • Represented the Coalition for Clean Air Implementation, a group of trade associations challenging an environmental organization’s effort to reopen several Clean Air Act regulations affecting the coalition’s members.
    • Won a unanimous decision from the U.S. Court of Appeals for the DC Circuit in a challenge to EPA’s stringent new standards regarding permissible air emission levels when incinerating sewage sludge.
    • Assisted the Renewable Fuels Association in addressing issues arising under EPA’s Renewable Fuels Program, including a challenge to EPA’s 2014 – 2016 Renewable Volume Obligations.
    • Represented Air Products in enforcement proceedings initiated by U.S. EPA for air toxics emissions from Air Products’ Calvert City, Kentucky, facility.
  • Clean Water Act
    • Represented the metallurgical coke making industry in a challenge to EPA’s effluent limitations guidelines for the iron and steel source category.
    • Defended a forest products company in a Clean Water Act citizen suit in federal district court brought by an environmental group claiming stormwater violations.
    • Advised a railroad on an EPA Clean Water Act enforcement action stemming from emergency repairs to flood damage in the Desert Southwest, and on developing an HCP to protect endangered species.
  • TSCA
    • Defended Santa Monica Malibu School District in a precedent-setting California District Court Toxic Substances Control Act action regarding PCB in school building materials pitting TSCA policies’ compliance against strict statutory interpretation.
    • Represented a multinational defense, security and aerospace client in responding to EPA enforcement action regarding PCB materials regulated under TSCA.
  • Endangered Species Act
    • Successfully represented Brookfield Renewable Energy in litigation filed by environmental groups regarding Endangered Species Act claims at four hydropower plants in Maine.
  • Other Matters
    • Won a denial of plaintiffs’ preliminary injunction request seeking shutdown of thousands of California’s oil wells based on contamination risk. This win preserved California’s energy supply and avoided billions in costs.
    • Achieved victory for environmental underdog with a damages award of 3.5 times court-determined restoration costs plus $300,000 in attorneys’ fees, sending a strong warning to would-be conservation easement violators.

Practice Area Highlights

  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
  • Achieved U.S. News – Best Lawyers’ Tier 1 national Environmental Law and Environmental Litigation rankings; nationally ranked  for Land Use and Zoning Law; and nationally ranked for Natural Resources Law (2024).
  • Pillsbury’s Environmental practice ranked by Chambers USA in the National (2009-2023), California and Washington, DC, categories (2004-2023).

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  • Recognized by The Legal 500 U.S. for excellence in Environmental Litigation (2016-2023) and Environmental Regulatory (2019-2023).
  • Home to two of the “World’s Top 25 Environmental Lawyers,” according to Euromoney.
  • Named U.S. News – Best Lawyers’ 2014 Environmental Law Firm of the Year.