Representative Matters

Josh's experience includes:

  • Serving as lead DOJ counsel in United States v. Volkswagen AG, et al. (“Clean Diesel”), a complex CAA mobile source case arising from the alleged illegal use of defeat devices in light-duty diesel engines in which the relief obtained includes the largest consumer recall in American history ($11 billion vehicle buyback program), a $3 billion environmental mitigation trust, a $2 billion zero-emission vehicle infrastructure investment, and a $1.45 billion civil penalty, the largest ever under the CAA.
  • Serving as lead counsel in a suit to remedy dangerous and illegal storage of hazardous waste at a chemical manufacturing facility and to recover past clean-up costs, where he also prevailed in post-trial contested motions practice with a third party over lien priority to ultimately effectuate property sale.
  • Serving as lead counsel in a case against a regional construction company alleging over 600 violations of the Clean Water Act NPDES permit program at various construction sites, ending in a settlement that included civil penalty and injunctive relief requiring a company-wide stormwater training and compliance program.
  • Serving as lead U.S. counsel in a case to recover remedial costs in a $400 million nuclear waste site cleanup matter.
  • Serving as co-counsel in a $30 million case brought on behalf of the Department of Defense against multiple petroleum companies to recover environmental cleanup costs at a defense site adjacent to an oil refinery.
  • Serving as lead counsel in an action to collect Superfund responses costs from recalcitrant CERCLA judgment debtors and a third party insurance company, ending in a settlement in favor of the United States for $2.225 million.
  • Serving as lead counsel in a Safe Drinking Water Act matter to address the threat of imminent and substantial endangerment to a potential underground source of drinking water posed by an improperly plugged oil well, ending in the successful negotiation of a resolution where the well owner agreed to implement a long-term aquifer remediation system.
  • Serving as lead counsel in the negotiation of a CERCLA Remedial Design/Remedial Action Consent Decree with a major petroleum company for a multi-million dollar cleanup of a legacy coking operation.