Best Lawyers in New Orleans, Louisiana for Litigation - Environmental
Practice Area Overview
Environmental litigation and trial work encompass cases in federal court, state court, and before various administrative hearing boards. In federal court, cases frequently involve claims under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) and the Resource Conservation and Recovery Act (“RCRA”). Claims under those statutes are typically brought by the United States seeking to compel environmental investigation and clean up and/or to recover penalties and actual costs incurred by the government in conducting such investigations and remediation. Additionally, environmental trial lawyers frequently represent parties who have incurred significant costs to address contamination at a particular location and are seeking contribution from other parties (known as potentially responsible parties) who contributed to the contamination and resultant remediation costs. There are a number of other federal environmental statutes, such as the Clean Air Act and Clean Water Act under which environmental advocacy groups can assert citizen suit claims seeking damages and injunctive relief for alleged violations of those statutes where the federal or state government has allegedly failed to enforce the statutes.
Most states conduct aggressive enforcement of their own environmental protection statutes, including mini-Superfund statutes, chemical handling and registration laws, and laws designed to regulate oil and gas operations and mining activities. These statutes allow state environmental agencies to assert similar enforcement and cost recovery claims against companies and other parties allegedly responsible for the release of hazardous substances into the soil, water, groundwater, or air. Additionally, most states have adopted statutes regulating the storage of petroleum products in underground storage tanks under which claims can be asserted by the government or affected parties as a result of releases from those tanks.
Another common type of environmental litigation involves claims for injury to natural resources (e.g., wetlands, lakes, rivers, and estuaries), brought by the trustees for the natural resources under CERCLA, other federal statutes or comparable state statutes. Trustees typically seek damages for injury to those natural resources allegedly caused by the release of hazardous substances. Those damage claims relate primarily to damages for loss of use of the resource while it is impaired or diminished because of contamination.
At the administrative level, environmental litigators frequently represent companies in enforcement actions relating to alleged violations of operating or discharge permits issued by state environmental agencies (including defense of civil penalty actions), the limits or conditions imposed in such permits, or the disposal, management, and storage of wastes generated through industrial and commercial processes. Those claims are typically heard by Administrative Judges appointed by the state.
Another major area of environmental litigation involves private party and class action toxic tort cases in which plaintiffs seek recovery for personal injury, property damage, and medical monitoring based on alleged exposure to hazardous substances in the air, soil, or groundwater. More recently, we have seen an increase in environmental litigation brought by citizens or environmental advocacy groups seeking to block or challenge the issuance of permits or authorizations to construct new power plants or related industrial facilities.
Since competing in Mock Trial tournaments in high school, Jennifer Adams has been hooked on the law. A naturally gifted communicator, Jennifer takes her clients’ best interests into consideration when completing difficult, but sometimes necessary, negotiations. Her love of triaging complex cases, whether defending cancer claims related to alleged asbestos exposure in the work place or "take-home" exposure claims, keeps Jennifer working hard to meet her clients’ needs. Jennifer is ...
Miles Clements is a recognized trial attorney having tried 100 cases to judgment. He practices at the trial and appellate levels in both state and federal court as well as in specialized jurisdictions throughout the country. His reputation spans from the marine and energy sector to defending the business and commercial needs of privately held and publicly traded companies. Miles is a Fellow of the American College of Trial Lawyers, the highest distinction of trial lawyers in the United States...
Leonard A. Davis is a partner of Herman, Herman &Katz , L.L.C., as well as the national firm of HERMAN GEREL, LLP, headquartered in Atlanta, Georgia. After receiving his B.A. from the University Texas at Austin, Mr. Davis attended Tulane University School of Law where he received his Juris Doctorate in 1984. Mr. Davis’ practice includes corporate law, commercial litigation, complex business litigation, multi-district litigation, mass torts, class actions and railroad crossing matter...
Danny Dysart is a partner in the firm’s litigation group and an assistant district attorney and felony trial prosecutor in St. Bernard Parish. Over the past decade, Danny has litigated and tried several high-profile and high-impact cases along the Gulf Coast. His cases involve personal injury, products liability, breach of contract, unfair trade practices, redhibition, Jones Act, RICO, Clean Air Act, Clean Water Act, and the Oil Pollution Act. Danny is known by his clients for his deter...
Mr. Garner, a Member of the firm is a trial lawyer specializing in commercial and complex litigation. He has been lead counsel in cases in New Mexico, California, West Virginia, Kansas, Arizona, Indiana, Arkansas, Mississippi, Louisiana and Texas, involving complex and class action litigation ranging from asbestos exposure, benzene exposure, mass closings of big box retailers, noise pollution, commercial, banking, bankruptcy and financial litigation. He is admitted to practice before the fede...
Demarcus Gordon is a partner in the Oil and Gas/Energy and Environmental Litigation sections and specializes in litigation involving the oil and gas industry. He has experience representing clients in cases involving premises liability and personal injury, particularly in cases involving chemical exposures such as asbestos, benzene, or naturally occurring radioactive materials (NORM). Mr. Gordon also defends oil and gas exploration and production companies in legacy litigation by landowners a...
Tim was first inspired to become an attorney while watching Atticus Finch in To Kill A Mockingbird. When Atticus commanded a courtroom against all odds in a seemingly impossible case, it ignited Tim's desire to be challenged by interesting things and to do work that is socially valuable. Every day Tim gets to do just that, as he shows up to work to face fresh challenges that allow him to provide his clients with his best efforts. A considerate friend and genuine professional, Tim has a strong...
Mr. Gulotta is the Chair of the firm's Toxic Torts/Products Liability Practice Group. His practice includes business litigation, products liability, toxic torts and class actions. He handles cases involving pharmaceuticals, chemical exposure, insurance, oil and gas, securities, antitrust, property damage, business interruption and construction cases. Mr. Gulotta joined Stone Pigman in 1976.
Bob Holden is a partner in the Litigation Practice Group and is co-team leader of the firm’s environmental litigation team. He counsels clients on environmental regulatory compliance, enforcement actions, and related commercial litigation. With his deep understanding of the law and decades of experience in the field, Bob assists clients in developing practical, compliance-oriented solutions to environmental and related legal challenges. Bob represents businesses in the energy, chemicals...
Craig Isenberg is a trial and appellate lawyer focusing on complex litigation matters, including commercial disputes, mass and toxic torts, environmental, product liability and securities matters. Craig has extensive trial experience in high-stakes litigation—trying jury and bench trials in Louisiana and across the country. He has tried a significant Clean Water Act case against the Department of Justice, dozens of toxic tort trials involving hundreds of plaintiffs, and a variety of com...
Robert Kerrigan gives careful consideration and personal attention to his clients and their problems. After an exhaustive review of case materials, he counsels clients to set forth a plan of action in order to get to a resolution point in a case. He defends personal injury claims, including certified class actions and cases involving catastrophic events. He has experience defending cases involving industrial explosions and accidents, toxic exposure claims, product defect allegations, and avia...
Terry Knister has more than 30 years of litigation experience in both bench and jury trials and also on appeal. His practice is concentrated on toxic tort and environmental litigation with an emphasis on class action and mass tort cases. He has served as lead trial counsel in numerous cases involving allegations of personal injury, property devaluation/damage, and remediation as a result of chemical exposure and/or contamination. These matters typically include thousands of plaintiffs seeking...
David N. Luder is the firm's managing partner. He maintains a varied arbitration and litigation practice covering a broad spectrum of industries and disputes. A key focus of David’s practice is financial services arbitration and litigation. He regularly represents domestic and international broker-dealers, banks, hedge funds and registered investment advisors in FINRA and AAA arbitrations across the country and institutional clients and individuals before regulatory bodies at all stages...
Lance McCardle practices in the areas of securities arbitration and litigation, environmental law, and general commercial litigation. Lance regularly represents investors (both individuals and institutions) in claims against their brokers, investment advisors, and/or investment banks in court or in arbitration proceedings administered by the Financial Industry Regulatory Authority (“FINRA”). Lance also represents several landowners in claims against oil and gas companies for damag...
Mr. McNeal litigates environmental, employment, commercial, and tort matters in both federal and state courts. In addition, he advises clients regarding energy and environmental regulatory matters. He has extensive experience in environmental legacy litigation throughout Louisiana. Additionally, he has handled numerous class actions, environmental citizen suits, refinery-related litigation, pipeline matters, oil & gas disputes, permitting challenges and disputes with environmental regulat...
Kerry Miller is a partner in the firm’s Litigation Section. His trial practice is as diverse as it is busy. Kerry has tried cases involving environmental contamination, products liability, breach of contract, breach of lease, redhibition, unfair trade practices, Jones Act, civil and criminal RICO and civil and criminal provisions of the Clean Air Act, Clean Water Act and the Oil Pollution Act. Kerry has tried cases for plaintiffs and defendants, companies and individuals, judge and jury...
Loulan Pitre has extensive experience with the development, construction, operation, and decommissioning of energy, environmental, and infrastructure projects. He has represented energy and other industrial companies, real estate developers, financial institutions, ports, levee districts and other public entities, and participants in the construction and service industries such as contractors, engineers, and material suppliers. His work has included entity formation and governance, traditiona...
Blair Schilling represents clients in a wide range of commercial matters in federal and state courts, with a concentration in environmental law. Her environmental practice includes matters involving coastal restoration, land contamination, land use, clean water, getting brownfield sites safely back into commerce, regulatory and permitting, and expropriation issues. Blair represents state government agencies, non-profit organizations, and private companies and individuals, including the Louisi...
Howard Sinor has extensive trial and appellate experience spanning more than three decades. He has handled hundreds of cases at all levels of the federal and state judicial systems, up to and including the United States and Louisiana Supreme Courts. He is also experienced in alternative dispute resolution including arbitration, mediation, and summary trials. Howard's experience in the practice of commercial litigation is broad and deep, and includes class action, multi-district, and other com...
Calling on over 35 years of experience, Mr. Stout's practice includes insurance defense and general litigation in the areas of products liability and toxic torts. Mr. Stout mainly defends clients in toxic tort cases involving long-term latent disease, personal injury, and death claims involving silicosis or asbestosis and also has experience with asbestos property damage and building abatement claims. Mr. Stout also defends clients in products liability and maritime personal injury claims def...
Patrick Talley practices primarily in the area of commercial litigation, with a focus on transportation, energy and environmental law. Mr. Talley has worked extensively within the railroad industry, and is well-known both regionally and nationwide in that area. He has successfully represented railroads, including three Class I and two Short Line railroads, in matters involving cargo and freight claims, derailments, crossing litigation, and employee personal injury and death (F.E.L.A.). He als...
Fishman Haygood Partner Paul Thibodeaux has thrived in some of the most complex commercial litigations in the country for nearly 20 years. His practice includes environmental, energy, and construction law; products liability; mass tort and class action litigation; and intellectual property matters for both plaintiffs and defendants. He maintains a diverse practice, representing business interests, as well as individuals and landowners. Paul has successfully taken a lead role in many high-prof...
Brett Venn is a partner in the Litigation Practice Group. He focuses on business and commercial disputes. Brett represents energy clients in litigation concerning energy infrastructure, including pipelines and LNG facilities. He currently represents energy companies in tort actions, challenges to contracts, actions enforcing right of way and servitude agreements, and appeals of severance tax assessments. He has also represented energy-industry clients in contract disputes, shareholder dispute...
Mr. Wittmann concentrates his practice in commercial litigation, class actions, toxic tort litigation, products liability and antitrust matters. He has extensive trial experience, maintains an active litigation practice and is a frequent lecturer. He also has an active family law practice. Mr. Wittmann joined Stone Pigman in 1961.
Ethan Zubic serves as Assistant Chair of the Admiralty & Maritime Section of the Firm and focuses his practice on commercial litigation in a wide range of practice areas, from cooperative purchasing enterprises to property damage to legacy litigation, as well as admiralty and maritime law, insurance coverage and defense, real estate litigation and commercial transactions. He has handled cases involving property insurance, ocean marine insurance coverage disputes, subrogation claims, marin...
David Freedman joined the litigation section of Sher Garner Cahill Richter Klein & Hilbert in 2015. After receiving his Bachelor of Arts Degree in Political Science from Washington University in Saint Louis, David served with the United States Peace Corps in Morocco. David obtained his Juris Doctorate from Tulane University Law School, graduating Order of the Coif and Magna Cum Laude. During law school, he received four CALI Excellence for the Future Awards, the David L. Herman Award, and...
Amber Garcia is a partner in the firm’s Toxic Tort and Environmental Group. Amber represents manufacturers, retailers, distributors, and premise owners in complex litigation matters, including environmental litigation, toxic tort litigation, and premises and products liability. She handles all phases of representation from initial case assessment, pre-trial discovery and depositions, motion practice, mediation and negotiations, through to trial. While in law school, Amber served as Mana...
Hogan Paschal is an attorney in Fishman Haygood's Litigation Section. Her practice covers complex securities, corporate governance and other civil litigation. Before joining the firm, Hogan maintained a transactional practice for several years. She has represented a broad range of public and private companies in mergers and acquisitions, and in general corporate, regulatory compliance and securities matters. With her transactional experience, Hogan brings practical insight into the matters sh...
Rebekka Veith is a partner in Fishman Haygood’s litigation section. Her diverse practice includes appellate work, class actions/mass actions/MDLs, fraudulent transfer and specialized bankruptcy litigation, and insurance coverage cases. Rebekka is known by her clients for being diligent and for her ability to resolve issues cordially but without concession. She has successfully handled all aspects of litigation, from initiating lawsuits to arguing appeals. Rebekka has gained significant ...
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