Litigation

Our firm has handled lawsuits involving claims ranging up to several billion dollars. We have a particular expertise and reputation in jury and bench trials in complex, high-profile cases. We also have extensive experience in federal and state courts throughout the western United States and in numerous federal and state administrative tribunals.  

Our firm maintains a strategic alliance with the attorneys of one of the West’s premier civil and criminal litigation firms, Haddon Morgan and Foreman, P.C.  This alliance allows each firm to share our collective pool of seasoned environmental and trial attorney’s to provide efficient, client-focused litigation and risk management teams.

Our lawyers routinely appear in state and federal appellate courts and have also practiced in bankruptcy courts, administrative law courts, tax courts, probate courts, and administrative tribunals. The firm routinely represents clients in arbitrations, mediations and other alternative dispute resolution forums.

Environmental Litigation

We regularly handle environmental litigation and administrative enforcement matters arising under federal and state environmental laws. These matters often involve CERCLA, RCRA, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and other environmental mandates. We also handle private party disputes involving cleanup obligations and financial responsibility under these statutes and related contractual and common law claims.

For example, we recently defended a mining company in Idaho federal district court in one of the largest Superfund cases ever to go to trial. This case involved over 100 years of mining history and over $1 billion in cleanup and natural resource damage claims. We also successfully defended a major mining company against a private party asserting CERCLA contribution and breach of contract claims in a federal court trial in California.

We also represent clients in toxic tort matters.  These cases have involved both individual toxic tort claims as well as multi-plaintiff claims.  Our successes in this area include obtaining judgment in our client’s favor in a putative class action in which the plaintiffs sought the establishment of a long-term medical monitoring program and over $120,000,000 in economic damages. 

Environmental Insurance Coverage litigation combines aspects of both commercial and environmental litigation.  A thorough understanding, use and discovery of environmental conditions, as well as a fluency in utilizing and attacking environmental science experts are essential.  Our lawyers have long experience in this type of litigation.  A recent case involved a lawsuit against multiple insurance companies over a complex set of tort and cleanup liabilities in a complicated urban setting.

Natural Resources Litigation

We have broad experience representing natural resource development companies in a variety of forums, including federal courts, state courts and federal and state administrative hearings. These cases have ranged from environmental-related disputes involving governmental agencies to private disputes over land tenure and other contract rights.

For example, we successfully defended a client at trial in one of the largest private land disputes in the State of Nevada, which involved the enforceability and interpretation of various mineral exploration agreements and leases. We successfully defended a multi-million dollar fraud claim concerning alleged mineral rights, as well as numerous matters concerning the nature and extent of mineral development rights. In several other cases, we have successfully intervened on behalf of clients in suits filed by NGOs, challenging various federal and state agency permitting decisions.