The Environmental Strategy team helps position clients to avoid or leverage litigation arising from environmental issues. We provide cogent advice in response to enforcement actions, information requests and other preludes to litigation and we bring an experienced hand to high-priority appellate advocacy.
Bracewell provides comprehensive and aggressive defense in statutory claims arising in Superfund liability and hazardous waste disposal issues under federal CERCLA laws. We have substantial experience handling cases brought by the EPA and by private parties. Frequently, we secure reductions in cleanup costs and, in some cases, help clients obtain release from designations as primary responsible parties (PRPs).
We defend executives and companies against criminal allegations involving issues such as hazardous materials spills and exposures, and violations of the Clean Air and Water Acts. We also defend toxic torts and mass torts alleging injury from exposure to asbestos, hazardous chemicals, toxic mold and other contaminants.
Our environmental litigation work includes insurance coverage disputes and defense of citizen suits under the Clean Water Act, the Resource Conservation and Recovery Act (RCRA) and other statutes. Our approach combines trial lawyer advocacy with detailed regulatory knowledge. Our lawyers handle both straightforward and complex cases, including defense of claims over releases of or exposure to MTBE, asbestos, lead-based paints, benzene and dioxin.
Representative Matters
Represent Valero Energy Corporation and Total Petrochemicals USA, Inc. in more than 80 MTBE contamination and product defect cases. Act as national counsel for this litigation currently consolidated in MDL 1358 in the United States District Court, Southern District of New York.
In litigation concerning the Sikes Superfund site, one of the largest Superfund cases in the United States, represented Goodyear Tire & Rubber Company in United States of America, and the State of Texas vs. Atlantic Richfield Company, et al. vs. Champion International, Corp., et al., in the United States District Court, Southern District of Texas, Houston Division.
In a private party cost recovery matter related to the Turtle Bayou Superfund site, represented Goodyear Tire & Rubber Company in Lyondell Chemical Company, et al. vs. Albemarle Corporation, et al. in the United States District Court, Eastern District of Texas, Beaumont Division.
In an insurance coverage lawsuit regarding environmental contamination from landfill sites, represented Zurich American Insurance Company in Browning-Ferris Industries, Inc., et al. vs. Certain Underwriters at Lloyd's London, et al. in the 80th Judicial District Court of Harris County, Texas.
Represented the GNI Group, Inc. in a trespass and nuisance lawsuit related to the disposal of hazardous waste through deep well injection. Odilia Benavidez, et al. vs. Chemical Waste Management, Inc., et al. in the 94th Judicial District Court of Nueces County, Texas.
In litigation concerning nickel and chromium exposure allegedly related to two worker deaths, represented Rockwell International Corporation & Nordstrom Valves, Inc. (an Invensys subsidiary). LaDonna Brandenburgh, et al. vs. Nordstrom Valves, Inc., et al. in the 62nd Judicial District Court of Hopkins County, Texas.