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 cases. We are known for our creative and innovative approach to addressing environmental issues of all kinds.

Our lawyers have successfully handled diverse environmental claims across all industries, helping our clients navigate not only traditional environmental matters, but also emerging issues in a dynamic legal and regulatory environment. Our deep experience in this space includes both prosecuting and defending environmental cases and working with regulatory agencies. One of our attorneys also oversaw the civil and criminal work of the Environmental and Natural Resources Division of the Department of Justice as the Acting Associate Attorney General. Combined, our team has a comprehensive understanding of the issues on all sides, enabling us to proactively move toward favorable and creative resolutions for our clients.

Many companies 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.

Our successful handling of major environmental litigation includes matters arising under the Comprehensive Environmental Response, Compensation, and Liability Act; the Clean Water Act; and the Resource Conservation and Recovery Act, 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.