Representative Matters

Below is a sample of B&D's litigation experience:

  • PCB Contamination. After a six week trial, a federal jury decided that our client, a global manufacturer and one of 18 defendants, had no liability for the $12 million cleanup of PCBs that were discharged into a Boston waterway.
  • Novel CWA Citizen Suit Theory. We defended a freight railroad in a case in which Plaintiffs sought to expand the reach of the Clean Water Act (CWA) to fugitive coal dust from rail cars. We took the case to trial and Plaintiffs settled for a tiny fraction of their claim, without establishing their theory of liability.
  • First Impression Biosolids Litigation. We secured a trial win for a major California city, striking down a neighboring county’s biosolids ban on constitutional grounds. This was the first trial on the environmental benefits and safety of recycling biosolids to farmland.
  • Lead in Drinking Water Toxic Tort Case. We secured partial summary judgment for a large water utility on negligence and statutory claims related to alleged lead in drinking water. The court ruled that the “public duty doctrine” protects government entities from lawsuits related to certain public services.
  • First-Impression Injection Well Litigation. We won the dismissal of a Resource Conservation and Recovery Act (RCRA) citizen suit involving allegations that injection of oil and gas production wastewater in wells causes earthquakes.
  • Multi-District Groundwater Contamination and Product Liability Litigation. We serve as national counsel to a petroleum manufacturer in ongoing product liability litigation—likely the largest collection of groundwater contamination cases in the U.S.—related to the gasoline additive MTBE.
  • Pesticide Litigation and Arbitrations. We represent the world’s largest chemical and crop protection companies on high-stakes litigation and rulemaking, including arbitrations to compel generic pesticide companies to pay their share of environmental and health data mandated by federal pesticide law. We have obtained judgments for clients totaling over $100 million.
  • Superfund Mega-Site Defense. We serve as the co-chair in ADR proceedings for the largest Superfund site west of the Mississippi. We lead a group of nearly 100 parties in developing defenses and negotiating with the EPA over an aquatic sediments cleanup estimated to cost over $2 billion.
  • NEPA Litigation for Major Drinking Water Project. We won approval of the National Environmental Policy Act (NEPA) Supplemental Environmental Impact Statement for a $200 million state water supply project, including resolution of novel issues relating to the NEPA process.
  • Pesticides Ban Preemption Case. Representing a national trade association and individuals, we secured a preemption ruling invalidating a major county’s ordinance banning pesticide use on private lawns.
  • Insurance Coverage Litigation. We obtained a favorable settlement for an electronics manufacturer from its professional liability insurer for costs incurred in defending a claim by the State of New York relating to implementation of a statewide wireless network for emergency communications.