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Environmental disputes

Superfund actions

Our environmental law team is highly knowledgeable about Superfund laws, which have spurred an ever-growing amount of litigation by both public and private entities. We have successfully handled numerous Superfund site matters and have acted as task group defense counsel on issues of private response costs, contribution actions, insurance coverage and related toxic tort litigation.

Environmental disputes

Clients turn to us for defense counsel in pollution and toxic tort suits and draw upon the environmental law team's strength in dealing with the experts and causation issues typically present in these cases.

While no federal and few state environmental statutes provide a private cause of action for personal injury or property damage, the volume of common law toxic tort suits for negligence, trespass, nuisance, fear of cancer, medical monitoring and strict liability has increased dramatically in recent years. As a result, we have served as the defense in hundreds of cases encompassing thousands of plaintiffs, including class actions.

Norton Rose Fulbright's experience runs the gamut:

  • property damage cases brought by neighboring property owners stemming from pollution
  • neighborhood exposure cases against nearby businesses seeking damages for injuries allegedly caused by air, ground or water pollution
  • workplace cases against employers, contractors and suppliers for exposure to allegedly hazardous substances
  • waste site exposure cases against contributors of waste to the sites
  • cases involving injuries allegedly caused by exposure to chemicals, refined products and other products or elements
  • the injuries claimed in these cases have involved scores of different chemicals and substances, including ammonia, benzene, butadiene, chlorine, dioxin, hexavalent chrome, ethylene oxide, insulating materials, lead, silicon, solvents and various waste materials

Real estate and business transactions

The pervasive liabilities associated with Superfund, various environmental laws and toxic tort suits have caused sellers, purchasers and lenders increasingly to attempt to define and allocate liabilities when engaging in asset transfers and loan transactions. Similarly, securities and other financial regulations require that such liabilities be assessed and disclosed in a variety of contexts.

Norton Rose Fulbright's lawyers focusing on environmental, business, banking, securities and real estate work as a team to:

  • conduct environmental due diligence
  • negotiate appropriate indemnification provisions
  • determine necessary disclosure statements
  • assist with and provide counsel on environmental issues associated with real estate and business transactions

Awards and accolades

  • Best Law Firms, Tier 1 national rankings for environmental law and environmental litigation, US News & World Report and Best Lawyers, 2017