Overview

Boies Schiller Flexner’s environmental law practice specializes in high-stakes, high-exposure matters and the ability to successfully manage the parallel litigation, regulatory, and media issues that often arise in these complex matters. We are known for our creative and innovative approach to addressing environmental issues of all kinds.

For more than 20 years, our lawyers have successfully handled diverse environmental claims across all industries, helping our clients navigate not only traditional environmental issues, but also emerging issues in a dynamic legal and regulatory environment. Our clients include Fortune 500 companies operating in highly regulated environmental fields, governmental entities, private companies, and high net worth investors.

With deep experience in both prosecuting and defending environmental matters, as well as working with regulatory agencies, our comprehensive understanding of the issues on all sides enables us to proactively move toward favorable and creative resolutions for our clients.

Many clients facing environmental challenges engage us specifically for our crisis management strategies in these situations, which help to minimize the reputational risk – and the potential financial impact on the bottom line – that often accompanies news of possible environmental concerns.

And when government scrutiny or environmental issues threaten corporate or real estate transactions, we work with property owners, developers, real estate investment trusts, and potentially responsible parties to get expedited agency action and obtain regulatory closure so that the transaction may proceed.

Our successful handling of major environmental litigation includes matters arising under CERCLA, the Clean Water Act, and RCRA, as well as common law claims such as nuisance, trespass, negligence, contribution, and toxic torts. We have substantial experience in California – one of the country’s most heavily regulated states – including under the Hazardous Substances Account Act, Proposition 65, and Section 17200.

We work with environmental consultants and engineers to investigate the scope of the problem and develop a cost-effective approach to fixing it. When matters involve remediation and other agency actions, we negotiate consent decrees, remedial action plans, and other agency submissions with an eye not only on agency approval, but also litigation exposure and reputational risk.

We have a long and successful record of navigating the complicated overlay of local, state, and federal environmental laws, which includes representing clients in state and federal courts at both the trial and appellate levels, as well as before administrative agencies.

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