Overview

Environmental and toxic tort claims involve highly technical issues. We have this covered. Our litigation team includes numerous attorneys with science backgrounds, including degrees in chemistry, biology and engineering. Our attorneys have experience litigating all kinds of environmental matters including common-law and statutory claims involving land, water, air, solid waste, underground storage tanks and more. We have helped to shape the law in Indiana and elsewhere in this core area. We have represented plaintiffs exposed to contaminants and defended petroleum clients, manufacturers and farmers (to name a few) against claims by neighbors. Our litigators have the necessary legal and technical knowledge to assist in all things related to the environment.

Experience
  • Lindsey v. DeGroot, 898 N.E.2d 1251 (Ind. Ct. App. 2009) (Determined Indiana’s Right to Farm Act was constitutional and applied to bar the nuisance claim of a neighbor against DeGroot Dairy).
  • The Sierra Club v. Gates, 499 F. Supp. 2d 1101 (S.D. Ind. 2007) (successfully defended action which sought to enjoin continuing shipments of the product of the hydrolosis of the chemical warfare agent VX from a depot in Indiana to Veolia Environmental Service’s incineration facility in Texas)
  • Pound v. Airosol Co., Inc., 316 F.Supp.2d 1079 (D. Kan. 2004) and 498 F.3D 1089 (10th Cir. 2007) (obtained summary judgment holding competitor’s product, which contained ozone-depleting substances violated the Clean Air Act and establishing a competitor’s right in the Tenth Circuit to recover attorney fees in bringing a successful citizen’s suit under the Clean Air Act)
  • Raybestos Prods. Co. v. Indiana Dept. Envtl. Mgmt., Cause No. 49Dl2-0209-PL-001553 (Marion County Superior Court—summary judgment July 6, 2004, June 12, 2006 judgment ($11.6 million) & October 30, 2006 ($4.7 million), (obtained a $16 million judgment against the Indiana Department of Environmental Management for reneging on an agreed order for a risk-based PCB cleanup, reversed on appeal)
  • Port Comm’n v. Consolidated Grain & Barge Co., 701 N.E.2d 882 (Ind. Ct. App. 1998) (preliminary injunction regarding use of rail and port facilities)
  • Natural Gas Odorizing, Inc. v. Downs, 685 N.E.2d 155 (Ind. Ct. App. 1997) (duty to warn gas users)
  • Town of Montezuma v. Downs, 685 N.E.2d 108 (Ind. Ct. App. 1997) (negligence per se claims involving a gas explosion)
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