Capabilities

Environmental

Language

Arnold & Porter Kaye Scholer's environmental group offers clients uncommon and instant access to leading practitioners in every area of environmental law.

We handle precedent-setting legal challenges across the country, in state and federal courts and at the appellate level, including the US Supreme Court. As one distinctive example, Arnold & Porter Kaye Scholer has been BP's primary environmental counsel in connection with the Deepwater Horizon Gulf of Mexico oil spill; one of the most complex, consequential, multi-party legal proceedings in the history of environmental law.

Our practice spans:

  • Litigation and Enforcement: We have a wealth of experience in civil and criminal enforcement under every federal statute; contaminated site cleanups, litigation and related proceedings; catastrophic incident defense and crisis management; and toxic tort claims associated with a diverse array of groundwater, air pollution, toxic chemical, radioactivity, and public nuisance matters.
  • Regulatory: We advise clients on their compliance obligations under the full range of environmental requirements, assist in developing company compliance programs, counsel on risk mitigation measures, identify and manage product supply chain issues, and obtain environmental permits and approvals for controversial projects.
  • Transactional: We manage environmental assessments, negotiate contractual provisions, and negotiate land use permitting for complex development projects. We also advise on the environmental aspects of multijurisdictional business transactions.

Members of the team have served in senior government positions such as Deputy General Counsel, EPA, and EPA leadership roles involving the Clean Air Act, TSCA, and FIFRA; Chief of the Environmental Enforcement Section, DOJ; Honors Trial Attorneys, DOJ; Under Secretary for Natural Resources and the Environment, USDA; and Deputy Commissioner and General Counsel, NY State Dept. of Environmental Conservation; as well as the current Director of the Sabin Center for Climate Change Law.

We serve as primary or national environmental counsel to leading companies such as Honeywell, BP/ARCO, Whirlpool, Mosaic and PPL; and serve as special outside counsel to many others such as General Electric, Chrysler Group, Texas Pacific, Western Digital, Solutia/Eastman Chemical, Clean Harbors, CSX and SAIC.

State-by-State Chemical Legislation Tracker

Chart on US Climate Change Litigation

Experience

BP Historic settlement of Deepwater Horizon claims

Negotiated the consent decree to settle all federal and state environmental claims related to the Deepwater Horizon oil spill.

The Mosaic Company Settlement of major EPA enforcement action

Successfully negotiated a complex settlement of RCRA action.

The Mosaic Company Numeric nutrient criteria

Successfully overturned EPA's water quality criteria for nutrients for Florida's streams and lakes.

BP Deepwater Horizon oil spill

Lead environmental counsel in connection with Deepwater Horizon oil spill.

Honeywell International Inc. Chromium sites in Jersey City

Large putative class action related to alleged chromium contaminated sites.

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Recognition

Chambers USA
Environment (2005-2016)
Shortlist – Awards for Excellence in Environment (including Climate Change) (2014, 2016)
The Legal 500 US
Environment: Litigation (2009-2016)
Environment: Regulatory (2016)
Law360
Named to the "Practice Groups of the Year" list in the areas of Environmental and Government Contracts. Up to 5 firms were selected for honors in each of 22 practice areas. Winners were selected from nearly 550 submissions based on significance, complexity, and size of matters in the past year. (2012, 2015)
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