Overview

Environmental Litigation

Butzel's Environmental Team defends clients in civil and administrative enforcement proceedings under all major federal environmental laws and their state variants, including the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and the Toxic Substances Control Act (TSCA). We craft creative resolutions in enforcement actions and work closely with regulators to obtain favorable settlements for our clients.

We have also successfully defended against individual and class action personal injury, property damage, and nuisance claims filed in connection with alleged release of hazardous substances. We have represented clients in private litigation over the allocation of clean-up obligations under environmental laws, common law, and contractual arrangements.

Environmental Criminal Investigations

Butzel’s White Collar Criminal Defense Team defends clients against criminal prosecutions under environmental laws. We represent domestic and foreign individuals and corporations in criminal enforcement investigations, grand jury proceedings, prosecutions, and settlements involving hazardous waste management, asbestos exposure, and CWA violations.

We represent clients in administrative and criminal investigations, regulatory matters, compliance, and environmental issues involved when doing business with the government. We have managed federal investigations undertaken by the Environmental Protection Agency (EPA), represented the executive of an environmental company charged with criminal violations of the CWA and related environmental statutes, and have represented numerous individual and corporate defendants facing federal criminal prosecution arising from allegations of environmental crimes.

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Experience

Defended manufacturer in multi-party action filed after plaintiff experienced 100,000-gallon gasoline spill from aboveground storage tank with some gasoline escaping plaintiff's property

Obtained summary judgment in favor of steel recycling and processing company in extremely complex $500 million cost-recovery litigation brought by plaintiff under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Represented client in water rate dispute against major municipality resulting in $24 million rate reduction

Represented executive of an environmental company charged with criminal violations of the Clean Water Act (CWA) and related environmental statutes

Environmental representation of a metal finishing company regarding release of hazardous chemicals that caused evacuation of over 3,000 people and a flood of class action lawsuits

Representation of companies undergoing a multimedia environmental investigation by local, state, and federal authorities with criminal undertones

Conducted internal investigation into alleged environmental violations by public company

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