Environmental Litigation

Our Environmental Litigation attorneys at Roetzel are extensively experienced in providing legal representation in environmental matters. These matters include: cost recovery actions, negligence-based lawsuits, class action toxic tort suits, governmental enforcement actions, permitting appeals, contract indemnity disputes, and environmental exposure claims.

Understanding the myriad complexities of environmental litigation is essential to successful outcomes before courts and administrative agencies.

The financial stakes can be very high for clients when faced with environmental civil and criminal enforcement actions, Superfund litigation, toxic tort litigation and other environmental law actions. Understanding the myriad complexities of environmental litigation is essential to successful outcomes before courts and administrative agencies. Our Environmental Litigation attorneys have represented large corporations, municipalities, real estate developers, environmental contractors, state contractors, mining companies, petroleum companies, steel manufacturers, and warehouse owners.

We have existing working relationships with local, state, and federal regulatory and enforcement agencies. We practice in numerous state and federal courts, and we handle a wide variety of matters before agencies such as the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Nuclear Regulatory Commission, the Ohio EPA, the Ohio Department of Natural Resources, the Ohio Department of Health, the Florida Department of Environmental Protection, the Florida Department of Natural Resources, and the Florida Department of Health.

Our Environmental, Energy and Health & Safety team consists of attorneys who have practiced almost exclusively in the environmental law area for their entire careers, both as private sector practitioners and as lawyers with the environmental regulatory agencies. Our group includes two attorneys formerly with the Environmental Enforcement Section of the Ohio Attorney General's Office. Due to our unique qualifications, Roetzel has been identified as a “Leading Environmental Law Firm” in the 2003-2019 editions of America’s Leading Lawyers for Business, published by Chambers USA.

Our Experience

  • Advised a Fortune 100 company concerning $80 million Department of Energy stimulus grant funding for large natural gas user and electricity energy efficiency projects
  • Represented a large municipality in an enforcement action initiated by the State of Ohio, persuading the courts of common pleas and appeals to deny a motion to intervene filed by a neighboring community and affirm the amicable settlement entered into with the State of Ohio
  • Prosecuted an action under CERCLA and Ohio's Voluntary Action Program on behalf of shopping plaza owners to recover the cleanup costs incurred in responding to contamination from historic dry cleaning operations and obtained a favorable settlement after successfully defending against a motion for summary judgment
  • Represented a chemical manufacturing company before the Florida Department of Health regarding an alleged product violation
  • Defended an environmental contractor in a lawsuit alleging negligence in the response to a release from a petroleum underground storage tank and obtained a favorable settlement after briefing the issues on summary judgment
  • Negotiated the settlement of a multi-facility PCB contamination matter between the buyer and seller in a private cost recovery action
  • Participated in the successful defense of a lawsuit challenging a Section 404 Clean Water Act permit issued by the U.S. Army Corps of Engineers
  • Served as lead trial counsel for a mining company in a significant class action toxic tort case involving radioactive slag
  • Represented a client in an administrative hearing before the Florida Department of Community Affairs challenging the denial of a permit for the construction of affordable housing

What We Do

  • Administrative hearings and appeals
  • Civil and criminal enforcement actions
  • Common law and toxic tort litigation
  • Contract indemnity litigation
  • Superfund litigation

Related Media & Events

  1. Alerts
    Regulation of PFAS Chemicals Fully Underway - May 8, 2024
    United States Supreme Court Holds That Involuntary Job Transfers Can Violate Title VII - Apr 26, 2024
    Ohio Appellate Court Holds Hazardous Material Transportation Act Does Not Preempt Ohio Products Liability Act - Feb 8, 2024
    Status of DOJ and EPA Policies on Supplemental Environmental Projects - Dec 22, 2023
    Wrangling Continues over Revised WOTUS Conforming Rule Issued in Response to Sackett v. EPA - Oct 9, 2023
    Biden Administration Changes to Enforcement Policies - Aug 3, 2023
    U.S. Supreme Court Issues Ruling in Sackett v. EPA Overruling EPA’s “Waters of the United States” Rule - May 26, 2023
    “Waters of the United States” Rule Update - Apr 25, 2023
    “Waters of the United States” Rule To Be Tested by Pending U.S. Supreme Court Ruling in Sackett v. EPA - Mar 17, 2023
    EPA Approves New Standard for Phase I Environmental Site Assessments - Jan 6, 2023
    New Developments in Air Regulation - Oct 26, 2022
    Clean Water Act Update - May 7, 2021
    Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority - Sep 27, 2016
    Pipeline Companies Win Key Battles in War for Eminent Domain Rights - Sep 19, 2016
  2. Articles
    US EPA’s Submission of Reconsidered Fugitive Emissions Rule Signals Movement Forward on Agency Air Permitting Initiatives - Aug 25, 2022 - National Law Review
    US EPA Adoption of New Phase I ASTM Standard E1527 Delayed by Adverse Comments - May 23, 2022 - National Law Review
    Environmental Justice Consideration in Affordable Housing - Apr 4, 2022 - National Law Review
    Significant Activity Follows US EPA’s TSCA Asbestos Risk Evaluation - Feb 26, 2021 - National Law Review
    Judicial Review of US Lead Hazard Rule Suggests Debate Will Continue - Nov 16, 2020 - National Law Review
    Ohio Adopts CERCLA Bona Fide Prospective Purchaser Defense - Jul 29, 2020 - National Law Review
    Flexibility for Transactional and Regulatory Requirements in the Wake of COVID-19 - Apr 29, 2020 - National Law Review
    It Has Been A Busy Year for the TSCA Risk Assessment Process - Sep 16, 2019 - National Law Review
    Asbestos Receiving Renewed Attention in Light of Additional US EPA Assessments under TSCA and Potential Ban by Congress - Jun 10, 2019 - National Law Review
    US BUILD Act Clarifies Tenant Standing for Bona Fide Prospective Purchaser Protections from Contaminated Property Liability - Nov 14, 2018 - National Law Review
    US EPA Escapes Sanctions But Incurs Judge's Wrath for Deficient FOIA Responses - Apr 6, 2015 - frESH Perspectives on Environmental, Safety & Health
    US EPA's Duty to Revise PSD Rules When It Amends NAAQS Is Not Mandatory - Dec 23, 2014 - frESH Perspectives on Environmental, Safety & Health
    Oil and Gas in Ohio: The Latest Debate Involving Technology, Energy and the Environment - Aug 24, 2012
    Ohio Court Limits Horizontal Offsite Drilling - Apr 11, 2012
    Ohio Court Limits Horizontal Offsite Drilling - Apr 11, 2012
    Ohio Oil and Gas Driller Successfully Fights Off Nuisance Suit From Neighboring Homeowner - Apr 5, 2012
    Ohio Oil and Gas Driller Successfully Fights Off Nuisance Suit From Neighboring Homeowner - Apr 5, 2012
    Oil & Gas Permitting Update: Recent General Permit Developments Affecting Oil and Gas Development - Apr 2, 2012
    Environmental Law Settlement and Negotiation Strategies: A Practical Perspective - 2007
  3. Firm News
    Roetzel & Andress Recognized in Chambers USA 2024 Guide - Jun 6, 2024
    19 Roetzel Attorneys Named Ohio Super Lawyers/Rising Stars - Dec 29, 2023
    Roetzel Earns National and Regional Rankings in 2024 Best Law Firms® - Nov 2, 2023
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers - Aug 17, 2023
    Chambers and Partners Recognizes Five Roetzel Attorneys and One Practice Area in 2023 USA Guide - Jun 1, 2023
    Attorneys Farolino & Haupt Named to Super Lawyers® Top List 2023 - Dec 29, 2022
    22 Roetzel Attorneys Named 2023 Ohio Super Lawyers and Rising Stars - Dec 29, 2022
    Roetzel & Andress Named to 2023 “Best Law Firms” List - Nov 3, 2022
    Experienced Environmental Attorney Joins Roetzel & Andress in Columbus - Oct 12, 2022
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® - Aug 18, 2022
    Nine Roetzel Attorneys Named “Lawyer of the Year” by Best Lawyers® 2023 - Aug 18, 2022
    Farolino & Haupt Named in Super Lawyers® Top 2022 Lists - Dec 30, 2021
    74 Roetzel Attorneys Named 2022 Best Lawyers in America®; 18 Recognized as Best Lawyers: Ones to Watch - Aug 19, 2021
    Chambers USA® 2021 Recognizes Roetzel & Andress for 18th Consecutive Year - May 20, 2021
    Roetzel & Andress Ranked Among “Best Law Firms” by U.S. News – Best Lawyers® - Nov 5, 2020
    Seventy Roetzel Attorneys Named to 2021 The Best Lawyers in America© List; Ten Named “Lawyer of the Year” - Aug 20, 2020
    Roetzel Recognized in 2020 Edition of Chambers USA® for 17th Consecutive Year - Apr 23, 2020
    Roetzel Receives Top Rankings in Chambers USA 2019 - May 2, 2019
    Roetzel & Andress Ranked in 2017 "Best Law Firms" - Nov 1, 2016
    Roetzel Receives Top Rankings in Chambers USA 2016 - May 27, 2016
    Roetzel & Andress Ranked in 2016 "Best Law Firms" - Nov 2, 2015
    Roetzel Receives Top Rankings in Chambers USA 2015 - May 26, 2015
    Roetzel & Andress Ranked in 2015 "Best Law Firms" - Nov 3, 2014
    Three Roetzel Attorneys Named Ohio "Lawyers of the Year" by Best Lawyers® - Aug 18, 2014
    Roetzel Receives Top Rankings in Chambers USA 2014 - Jun 6, 2014
    Roetzel Ranked Among Best Law Firms by U.S. News & World Report - Nov 5, 2013
    Roetzel Receives Top Rankings in Chambers USA 2013 - Jun 3, 2013