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4/9/2021
4/9/2021
3/30/2021
Gibson Dunn | Environmental Litigation and Mass Tort
Environmental Litigation and Mass Tort
LEADERS
Stacie B. Fletcher
Washington, D.C.
Daniel W. Nelson
Washington, D.C.
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https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
OV E RV I E W
The Environmental Litigation and Mass Tort Practice Group represents clients in all environmental and mass tort litigation matters. The
group’s lawyers also provide counsel in connection with transactional concerns such as ongoing regulatory compliance, legislative
activities and environmental due diligence.
Chambers USA 2020 recognized Gibson Dunn for Environment nationwide, and The Legal 500 United States 2020 ranked the firm in
Tier 1 for Environment: litigation. Law360 named Gibson Dunn a 2018 Environmental Practice Group of the Year. And The National Law
Journal recognized the firm as the winner for Products Liability/Mass Torts in its 2018 D.C. Litigation Department of the Year contest, and
for Mass Torts in its 2014 competition.
Specifically, our practice includes:
Toxic tort
Class actions
Enforcement defense
Rulemaking challenges
Climate change and Clean Air Act
Cost recovery
Regulatory and compliance counseling
CEQA/NEPA
Due diligence
We work with clients in a wide variety of industries that include:
Oil and gas
Electronics
Defense
Pulp and paper
Agriculture and land development
Automobile and general manufacturing
Lending
Retailing
Mining
For more than 30 years Gibson Dunn has provided counsel on the complete range of legal issues and challenges that arise in
environmental and mass tort areas. Our group’s members represent clients in civil and criminal litigation before U.S. federal and state
courts as well as administrative agencies. The lawyers on our team have been involved in a number of high-profile, precedent-setting
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
matters leading to published decisions that affect or control the interpretation of applicable laws. We are also active in counseling our
clients about various forms of alternative dispute resolution.
Environmental and mass tort litigation, like other commercial litigation, benefits from aggressive discovery and early, targeted motion
practice to help defeat or at least define and narrow claims. Once claims are narrowed and ambiguity in claims is eliminated, settlement
is often significantly easier. We have been successful in applying this approach to cases involving both government and nongovernment
litigants.
E X P E R I E N C E & R E C E N T R E P R E S E N TAT I O N S
The Environmental Litigation and Mass Tort Practice Group has been defending companies against mass toxic tort cases
in the United States and around the world for decades.
Gibson, Dunn & Crutcher takes into consideration the enormous potential liability, the factual, scientific and legal
complexities, and the experienced plaintiffs’ counsel often involved in mass toxic tort cases. Our lawyers work closely
with clients to develop comprehensive strategies sensitive to your priorities and with a focus on opportunities for early
defeat or reasonable resolution.
The practice group maintains an extensive, centralized library of the recurring legal and scientific issues that often arise
in these cases. As a result, we are able to efficiently identify and master the issues that are critical to a successful
defense.
Experience
The Environmental Litigation and Mass Tort group works closely with clients to protect business interests in large and
complex toxic tort cases.
Recent representations include:
Represented a major food company in a series of toxic tort lawsuits involving thousands of Latin American
workers claiming personal injuries from exposure to a chemical used on banana farms. After an adverse verdict
in the first trial in these cases, we were brought in and succeeded in overturning the verdict granting punitive
damages. After this and other successes, obtained a confidential global settlement.
Represented a large defense contractor in toxic tort lawsuit involving a putative class of approximately 800
plaintiffs in Southern California, claiming personal injuries, wrongful death, medical monitoring and property
damage resulting from alleged exposure to chemicals in drinking water. Through a series of unparalleled pretrial
motions and appellate victories, we obtained complete defense judgments against the first group of 50 plaintiffs
selected by their counsel.
Representing a large government services company in two toxic tort lawsuits in the Superior Court for the State
of California, County of Riverside. One involves claims by more than 100 plaintiffs alleging personal injury,
wrongful death and property damage stemming from alleged vapor intrusion of trichloroethylene and other
chemicals. The other case, styled as a class action, alleges property and stigma damages resulting from the same
alleged contamination. In a related case, Gibson Dunn represented the client in federal litigation to enforce a
contractual indemnity provision to require another company to defend and indemnify in the above lawsuits.
Summary judgment in favor of our client was affirmed by the Ninth Circuit.
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
Represented a large petroleum company in defense of toxic tort action brought by community surrounding oil
production site in Los Angeles. Plaintiffs ultimately dropped all claims and dismissed case with prejudice without
any payment by the defendant. Crude oil was the compound of concern.
Representing a large petroleum company in defense of toxic tort action in Los Angeles County Superior Court,
brought by residential community surrounding plating facility in Los Angeles alleging hexavalent chromium
exposure.
Representing Fortune 100 company in defense of toxic tort claims by more than 500 plaintiffs claiming exposure
to trichloroethylene (TCE) and tetrachloroethylene (PCE) from manufacturing plant in Asia.
Representing a large computer services company in community toxic tort case in the United States District Court
of Nebraska.
Represented a large university in class action brought by residents of student housing over alleged toxic
exposures. After we defeated class certification, the case was settled for a nominal amount.
Represented a large university in property damage and personal injury claims of nearby residents claiming
exposure to radiation during nuclear experiments in the 1960s. Obtained a favorable settlement while summary
judgment motion was pending.
Represented prominent law firm in $200 million alleged malpractice case brought regarding environmental
matters. The claim, by the Los Angeles Unified School District, was made in connection with the law firm’s 10year representation of the school district over the Belmont High School in downtown Los Angeles. The school
district alleged that the law firm failed to adequately consider the environmental hazards to schoolchildren
associated with the location of the school on an oil field. After a highly publicized report from an independent
auditor found that the law firm had mismanaged the school district representation, Gibson Dunn successfully
defended the case, obtaining a complete defense win on summary judgment.
R E C E N T P U B L I C AT I O N S
Webcast: Biden’s EPA: The First 60 Days and Beyond
-March 23, 2021
Four Partners Named Among the 2021 Lawdragon 500 Leading Environmental & Energy Lawyers
-March 19, 2021
Environmental Cases to Watch in the U.S. Supreme Court for 2021
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
-March 19, 2021
U.S. EPA Releases Final Rule Tightening Emissions Limits for Power Plants in 12 States
-March 17, 2021
The Case of the Century – The French Administrative Court Issues a Groundbreaking Ruling on Sta…
-February 26, 2021
3 Key Environmental Takeaways From Biden’s First 30 Days
-February 18, 2021
Former U.S. EPA Acting General Counsel David Fotouhi Returns to Gibson Dunn’s D.C. Office
-February 16, 2021
Department of the Interior’s New Migratory Bird Treaty Act Interpretive Rule in the Crosshairs
-January 13, 2021
California Air Resources Board Approves Significant Changes to Stationary Source Emissions Repo…
-December 1, 2020
California Air Resources Board Releases Draft Annual Evaluation of Fuel Cell Electric Vehicle & Hy…
-November 18, 2020
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
California Air Resources Board Urges Self-Disclosure of Non-Compliant Software and Regulatory …
-October 15, 2020
13 Gibson Dunn Partners Named Lawyers of the Year
-August 20, 2020
NEPA Review Revamp: What Developers Should Expect from the CEQ’s New Rule and the Incomin…
-August 3, 2020
COVID-19 and Personal Injury Tort Liability: Preliminary Considerations for Businesses
-May 4, 2020
Supreme Court Holds That Clean Water Act May Require Permits For Some Indirect Discharges Of …
-April 24, 2020
Supreme Court Holds That Superfund Site Landowners Need EPA Approval To Obtain State-Law Cl…
-April 21, 2020
Calif. Organic Waste Regs Mean Sweeping Changes For Cos.
-April 10, 2020
The PREP Act Provides Limited Liability Protection for Certain Coronavirus Countermeasures
-April 7, 2020
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Gibson Dunn | Environmental Litigation and Mass Tort
EPA and NHTSA Finalize New Standards for Automobile Fuel Economy and GHG Emissions
-April 1, 2020
Community Shared Solar: Promising Option For Calif. Builders
-February 27, 2020
New York Lengthens the Limitations Period for Public Water Suppliers to Sue for Alleged Water Co…
-November 13, 2019
Who’s Who Legal Practice Guides Recognize Six Gibson Dunn Attorneys in Capital Markets, Gover…
-November 6, 2019
Stacie Fletcher and Katherine Smith Named Among Americas Rising Stars
-September 13, 2019
Five Partners Named Among Top Women in Litigation
-August 15, 2019
Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
-August 15, 2019
Gibson Dunn Ranked in 2019 U.S. Legal 500
-July 11, 2019
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
New York State Enacts Sweeping Emissions Reduction Law
-June 25, 2019
Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019
-April 25, 2019
U.S. EPA Finalizes New Owner Clean Air Act Audit Program Tailored for the Oil and Natural Gas Se…
-April 3, 2019
Law360 Names Gibson Dunn Among Its Environmental 2018 Practice Groups of the Year
-January 28, 2019
Gibson Dunn Named a 2018 Law Firm of the Year
-January 16, 2019
EPA and the Army Corps of Engineers Propose to Redefine “Waters of the United States” as Regula…
-December 21, 2018
U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings
-November 2, 2018
Three Gibson Dunn Partners Recognized Among Americas Rising Stars
-September 28, 2018
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
EPA & NHTSA Issue SAFE Vehicles Rule, Proposing Changes to Vehicle GHG Limits and Revocation …
-August 2, 2018
EPA Amendments to the Coal Ash Rule
-July 31, 2018
Gibson Dunn Named Winner in Three Categories for D.C. Litigation Department of the Year
-May 29, 2018
Delaware Supreme Court Holds That Forum Non Conveniens Dismissals Do Not Require An Altern…
-March 22, 2018
EPA In The Trump Era: Settling Mandatory Duty Lawsuits
-February 22, 2018
Webcast – Challenges in Compliance and Corporate Governance -14th Annual Briefing
-January 24, 2018
Supreme Court Says That Challenges to “Waters of the United States” Rule Must Be Filed in Federa…
-January 22, 2018
2017 Year-End Environmental Update for the Oil & Gas Industry
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
-January 22, 2018
A New Approach To Climate Analysis Under NEPA?
-November 2, 2017
CERCLA’s Jurisdictional Bar To Medical Monitoring Claims
-August 18, 2017
What to Expect From CAA Risk Management Program Delay
-June 5, 2017
Regulatory Reform Agenda Opens Door For Public Input
-May 4, 2017
A Rising Tide Of Proposed Chemical Disclosure Laws
-April 12, 2017
Judge Neil Gorsuch’s Potential Impact on the Development of Environmental Law
-March 17, 2017
Fourth Circuit Uranium Mining Ruling Narrows Federal Preemption
-March 8, 2017
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
Canadian Court Upholds Chevron’s Corporate Separateness and Its Right to Defend Against Judgm…
-January 27, 2017
Will Trump unravel the EPA?
-December 27, 2016
CPP Rollback May Impact SO2 Emissions Trading Markets
-December 16, 2016
Confronting EPA’s Refusal To Consider Industry Costs
-October 31, 2016
Individual Issues Predominate In Toxic Tort Class Actions
-October 4, 2016
On The Horizon: Revisions To Prop 65 Warning Regulations
-August 31, 2016
Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ. Win
-August 19, 2016
Chevron Earns Decisive Victory in Second Circuit Civil RICO Appeal Concerning Corrupt Scheme t…
-August 9, 2016
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
The Broken Science Behind Proposition 65
-August 8, 2016
Eliminating Ultrahazardous Activity Liability In Enviro Cases
-July 26, 2016
Judge Calls on Congress to Fix CERCLA
-June 30, 2016
Calif. Asbestos Case Opens Door For Shaky Expert Opinions
-May 24, 2016
A Smarter Approach To Renewable Energy Reliance In Calif.
-May 2, 2016
Emerging Trends In Climate Change Litigation
-March 7, 2016
The CPUC’s Realistic Approach Toward Energy Security
-January 29, 2016
Why Calif. Courts Won’t Certify Toxic Tort Class Actions
-January 20, 2016
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
The Unrealized Promise Of Rule 26 Amendments
-December 2, 2015
Recent Trends In Environmental Nuisance Law
-November 17, 2015
The EPA and the Clean Power Plan: A Paradigm Shift in Energy Regulation Away From Energy Regu…
-November 16, 2015
Curtailing Retroactive Liability Should Fall To Courts
-October 20, 2015
Proposed Methane Rules Show EPA Coming Around on Fracking
-October 1, 2015
9th Circ. Cracks Door Ajar To Imputed Jurisdiction
-September 21, 2015
Gold King Mine Spill Points To EPA Institutional Failure
-September 9, 2015
Inside EPA’s Plan For Reducing Methane Emissions
-August 20, 2015
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
Do CERCLA Cost Recovery And Contribution Rights Overlap?
-August 7, 2015
European Commission Launches State Aid Sector Inquiry into Member States’ Energy Capacity Me…
-July 20, 2015
U.S. Supreme Court Issues Important Decision Regarding Agencies’ Duty to Consider Costs in Rule…
-June 29, 2015
Little fracking risk, despite EPA disclaimers
-June 12, 2015
A Practical Guide to the Use of the Commissioned Public Report as an Effective Crisis-Managemen…
-June 12, 2015
Tracking The DC Circ.’s Trend On Article III Standing
-May 13, 2015
Standing Up for Industry Standing in Environmental Regulatory Challenges
-April 24, 2015
Hope For Environmental Drones Is Still Up In The Air
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Gibson Dunn | Environmental Litigation and Mass Tort
-April 3, 2015
U.S. Department of the Interior Releases Final Rule Updating Regulations Governing Hydraulic Fra…
-March 24, 2015
Looking At The Legal Deficiencies Of Local Fracking Bans
-March 6, 2015
2014 Year-End Transnational Litigation Update
-February 27, 2015
Curbing Contingency Fee Arrangements With State AGs
-February 13, 2015
EPA Announces Program Addressing Methane Emissions from Oil and Gas Production
-January 15, 2015
SB 270: First State to Ban Plastic Grocery Bags
-January 14, 2015
U.S. Environmental Protection Agency Issues Final Regulations Addressing Coal Combustion Resid…
-December 29, 2014
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
2014 Fracking Year In Review: California Edition
-December 10, 2014
Los Angeles Should Block Its Own Ban On Fracking
-December 5, 2014
11th Circ. Message: Be Careful With Lone Pine Orders
-November 10, 2014
Counties jumped the gun on fracking bans
-November 10, 2014
The Scarlet Letter Of Self-Stigmatized Property
-October 23, 2014
Science refutes fracking opposition
-September 30, 2014
Calif. Anti-Fracking Ordinances On Shaky Legal Ground
-August 29, 2014
Dukes May Have Doomed Toxic Tort Class Certification
-July 30, 2014
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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Gibson Dunn | Environmental Litigation and Mass Tort
Update on Recent Court Decisions Relating to the Dissolution of Redevelopment Agencies in Calif…
-July 15, 2014
Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp. v. Donziger and 2…
-July 14, 2014
Fracking Fights Are Increasingly Becoming Local
-July 2, 2014
U.S. Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions through Station…
-June 24, 2014
https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/
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