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Environmental Litigation

Yarmuth Wilsdon’s environmental lawyers – unlike most “environmental lawyers” – are both environmental law experts and trial lawyers.  Most matters for which a business retains an environmental lawyer are actions by state or federal environmental agencies to enforce the requirements of hazardous waste laws (Superfund and state law equivalents), state and federal Clean Water Acts, state and federal Clean Air Acts, federal Toxic Substances Control Act, Natural Resource Damage actions and other environmental laws and regulations.  Environmental agencies (and environmental organizations that file citizen suits to enforce environmental laws) typically offer to negotiate a settlement of the alleged violation before filing a complaint in state or federal court.  Because most “environmental lawyers” are not trial lawyers, their practice is to negotiate a settlement on terms that the environmental agency or organization will accept; without considering whether litigation would produce a better result, and without the exercising the leverage that a trial attorney capable of contesting the violation in court can exert. 

Yarmuth Wilsdon’s environmental lawyers are different.  We have litigated cases successfully against USEPA, the Department of Justice, and state environmental agencies, environmental organizations, and attorneys.  As a result, Yarmuth Wilsdon’s lawyers have greater leverage in working with their clients in negotiations with whatever party is on the other side.   We provide clients with experienced litigation risk analyses.  And we successfully represent clients in state and federal court and administrative enforcement actions.    

REPRESENTATIVE CLIENTS AND MATTERS INCLUDE –

U.S. v. Georgia Pacific – Represented pulp and paper companies in Clean Water Act civil penalty actions in federal District Court (Washington).

U.S. v. Chemical Processors, Inc. – Represented client in Resource Conservation and Recovery Act (“RCRA”) imminent endangerment action in federal District Court (Washington); successfully defeated Justice Department’s motion for preliminary injunction and summary judgment.

U.S. v.  Wyckoff Company – Represented client in RCRA and Superfund actions in federal District Court.

U.S. v. Alyeska Pipeline Services Co. – Represented client in Exxon Valdez oil spill Natural Resource Damages Action bought by the U.S. Department of Justice.

 State of Arizona v. American Linen Supply Co. – Represented client in Superfund action bought by the State in federal District Court (Arizona).

U.S. v. Montrose Chemical – Represented client in Los Angeles Harbor Natural Resource Damages Action in federal District Court (Los Angeles).

U.S. v. Trident Seafood Co. – Represented client in Clean Air Act civil penalty action in federal District Court (Washington); obtained jury verdict on behalf of defendant.

U.S. v. State of Washington and PACCAR, Inc. – Represented client in Superfund action in federal District Court (Washington).

U.S. v . FMC Corporation – Represented client in RCRA enforcement action in federal District Court (Idaho) and 9thCircuit Court of Appeals.

State of Washington v. Weyerhaeuser – Represented client in State Model Toxics Control Act enforcement action in State Court.

Sierra Club, et al. v. BNSF – Represented client in Clean Water Act citizen suit (W.D. Washington)

Sierra Club, et al. v. Alaska Railroad Corporation – Represented client in Clean Water Act citizen suit (U.S. District Court of Alaska)

Represented client in the Lower Duwamish Allocation – (Washington).

Waste Action Project v. Fruhling Sand & Topsoil, Inc. – Represented client in Clean Water Act citizen suit (W.D. Washington)

Puget Soundkeeper Alliance v. Waste Management – Represented client in Clean Water Act citizen suit (W.D. Washington)

Puget Soundkeeper Alliance v. Trident Seafoods – Represented client in Clean Water Act citizen suit (W.D. Washington).

In addition, Yarmuth Wilsdon’s environmental trial lawyers have represented clients in more than fifty other matters involving violations of environmental laws and regulations alleged by governmental agencies.