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. VIEW ALL PRACTICE MEMBERS VIEW ALL PRACTICE PUBLICATIONS VIEW ALL PRACTICES https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/ 1/17 3/30/2021 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/ 2/17 3/30/2021 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/ 3/17 3/30/2021 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/ 4/17 3/30/2021 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/ 5/17 3/30/2021 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 https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/ 6/17 3/30/2021 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/ 7/17 3/30/2021 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/ 8/17 3/30/2021 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/ 9/17 3/30/2021 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/ 10/17 3/30/2021 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/ 11/17 3/30/2021 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/ 12/17 3/30/2021 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/ 13/17 3/30/2021 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 https://www.gibsondunn.com/practice/environmental-litigation-and-mass-tort/ 14/17 3/30/2021 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/ 15/17 3/30/2021 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/ 16/17 3/30/2021 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/ 17/17
