Environmental litigation is complex. The claims often arise from events that occurred more than twenty years ago before the establishment of current-day environmental practices and standards. As a result, parties often find themselves, under current environmental laws, responsible for problems created by someone else. To make matters worse, the pertinent causes of action oftentimes are based upon either confusing statutory authority or ancient common law doctrines which are not always applied consistently by the courts.
In my private practice, I represent both plaintiffs and defendants in complex environmental lawsuits throughout the country. When an environmental matter first arises, a client will typically seek advice from his or her attorney or environmental professional concerning the options available as well as the future course of action. This book is meant to provide an overview of the typical claims and key defenses that one might encounter in such lawsuits. I am hopeful the information will provide both attorneys and environmental professionals with a basic framework of these claims so that they can better serve their clients.
