Environmental/Toxic Tort

Environmental/Toxic Tort

Gordon & Rees Environmental/Toxic Tort lawyers have extensive experience with all major environmental statutes, including the federal Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund), Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), and California's Proposition 65. Highlights of our state-specific experience are available at the following links: California, Illinois, New Jersey/New York, Oregon, Texas, and Washington. As is explained below, our Environmental/Toxic Tort group regularly assists clients with a wide range of environmental/toxic tort-related issues involved in litigation, business transactions, enforcement actions, and risk management audits.

Broad Scope of Industries and Substances
Resolution Approach
Regulatory Experience
National Litigation Coordinating Counsel
Practical Knowledge and Industry Leadership
Mold Experience

Broad Scope of Industries and Substances

We have well-proven experience with a comprehensive range of regulated chemicals, toxic waste and other substances, including asbestos, silica, petroleum hydrocarbons, methyl tert-butyl ether (MTBE), mold, polychlorinated biphenyls (PCBs), benzene or chlorinated solvents, lead, ethylene oxide, mercury, nickel, chromium, heavy metals (arsenic and vanadium), agricultural chemicals (fertilizers and pesticides) and painting products and solvents.

Our clients include manufacturers, iron and steel recyclers and fabricators, waste disposal firms, lumber mills, marine contractors, farmers' cooperatives, business/property owners, chemical manufacturers, excavation companies, agricultural chemical manufacturers, automobile dealerships, dry cleaning industry suppliers, paint and solvent manufacturers, commercial real estate developers, electronics manufacturers, automobile products companies, petroleum companies, ink manufacturer, construction contractors, industrial chemical manufacturers, and gasoline distributors and stations.

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Resolution Approach

Gordon & Rees represents companies from a wide variety of industries in environmental/toxic tort and products liability actions involving claims for personal injury and wrongful death. Many of the cases we handle involve dozens to thousands of claimants. Gordon & Rees recognizes that litigation can be a major threat to a company's survival, and all of our attorneys approach each case with this in mind. Gordon & Rees works to resolve cases based on strategies developed specifically for, and unique to each client, and with the least possible strain on client resources. Gordon & Rees's winning strategies have been refined and honed over more than two decades of real life litigation experience, making us eminently qualified to handle litigation matters in a cost-effective, efficient and highly competent manner.

Gordon & Rees has been highly successful in resolving cases at an early stage through dispositive motions. We pay particular attention to and have extensive experience in exposing and excluding proposed "junk science" expert opinion. In other instances, we have successfully tried a substantial number of toxic tort cases to jury verdicts. Gordon & Rees is unique in that our understanding of the science and medicine, on which these cases turn, permits us efficiently to organize the defense and to communicate with clients. Our lawyers include former toxicologists, epidemiologists, and OSHA Inspectors. Such real world expertise allows us to focus and identify key information and allows for effective presentation to juries and courts. We have also developed and maintained contacts with leading national experts, including forensic toxicologists, oncologists, immunologists, and industrial hygienists. We also have an extensive collection of testimony transcripts from leading plaintiffs' experts to draw upon when cross-examining and deposing plaintiffs' experts in various jurisdictions.

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Regulatory Experience

Gordon & Rees regularly represents clients in regulatory proceedings that require extensive negotiations to develop the most cost-effective strategies for investigation and remediation of soil and groundwater at contaminated sites. Our team has both state and federal experience, including site assessment and clean-up compliance, regulatory compliance, administrative and judicial enforcement, and Superfund cost recovery and contribution. We work with officials in the EPA, the Department of Toxic Substances Control, and RWQCBs regarding Cleanup and Abatement Orders and "No Further Action" letters, as well as defending clients subject to Notices of Violations from local Air Pollution Control Districts and the RWQCBs.

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National Litigation Coordinating Counsel

Gordon & Rees serves as National and Regional Litigation Coordinating Counsel for numerous corporations for matters involving asbestos, silica and/or PCE, including the following examples.

• National Asbestos Coordinating Counsel for a leading international aftermarket wheel service manufacturer

• National Asbestos Litigation Coordinating Counsel for the leading manufacturer of residential flooring in the U.S.

• National Perchloroethylene Litigation Counsel for a leading worldwide manufacturer of electrical products and tools and hardware, involving dry cleaning equipment manufactured by the predecessor-in-interest

• Co-National Asbestos Litigation Coordinating Counsel for one of the world's largest pump manufacturers

• Western Regional Asbestos and Silica Litigation Counsel for a $17 billion diversified industrial company)

• Western Regional Asbestos Litigation Counsel for a global manufacturer of control valves

• California Asbestos and Silica Litigation Counsel for one of the world's largest tire manufacturers

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Practical Knowledge and Industry Leadership

The practice team includes industry-trained attorneys with technical degrees, leadership positions in influential industry associations, and prior experience working for environmental-related legislative bodies and regulatory agencies, including the following examples.

Leadership Positions in Key Environmental/Toxic Tort Associations:

• Midwest and Northwest Environmental Claims Association
  
• CropLife America and Responsible Industry for Sound Environment
  
• American Agricultural Law Association
  
• ABA (National Resources, Energy and Environmental Law Section)
  
• Editorial Board of the National Legal Review's Silica Litigation News
  
  

Environmental/Toxic Tort Education and Technical Training:

• Master's degree in Environmental Science and Toxicology
  
• Master's degree in Environmental and Occupational Health Science
  
• B.S. in Environmental and Natural Resource Policy Studies
  
• Certificate of Specialization in Environmental Law
  
• B.S. in Biochemistry and Cell Biology
  
• Two-year internship with the Environmental Law Division of the U.S. Army
  
  

Environmental/Toxic Tort Positions Prior to Legal Career:

• Environmental Compliance Consultant for OSHA (federal)
  
• Industrial Hygienist and Toxicologist for OSHA (federal)
  
• Outside trial counsel for the Department of Natural Resources for Alaska
  
• Assistant Attorney General for the State of Washington
  
• Managing Editor, Environmental Law Review, UCLA
  
• Senior Managing Editor, Tulane Environmental Law Journal
  
• Liaison between a Michigan State Representative and the Michigan legislative committee on land use planning and environmental affairs

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Mold Experience

Gordon & Rees has defended many different types of mold-related lawsuits, representing developers, contractors, sub-contractors, property owners and managers, HOA, manufacturers of construction products, and many other types of defendants in the mold litigation. These cases have involved construction, personal injury, landlord-tenant and insurance issues. As mold litigation has expanded, so have the types of defendants. The firm has also been called upon to represent the professionals (including industrial hygienists, remediation contractors, and others) involved in mold prevention, investigation, testing and remediation.

In addition to representing a variety of defendants in litigation, Gordon & Rees lawyers also counsel and educate a diverse range of clients from large national property owners and managers to small local property owners and their employees on important mold issues including prevention, abatement, O&M plans, mold protocols, insurance, contracts and the selection of appropriate mold contractors and consultants. As a result of these efforts, Gordon & Rees has developed an extensive library of deposition transcripts, research papers and other critical materials necessary for the defense of any mold claim. Similarly, we have an extensive legal research library on issues which arise in mold cases and have a "brief" bank which includes pre-trial motions, summary judgment motions, and other motions addressing issues that commonly arise in the mold litigation. We have also worked with many different mold experts and consultants and maintain strong relationships with the leading engineers, doctors and scientists who are involved in mold research and consulting work. Additionally, Gordon & Rees attorneys have been invited to speak and present the latest trends and issues in mold litigation at various local and national conferences.

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