Representative Matters

  • Defended enforcement actions brought by federal and state environmental authorities against a major U.S. owner and operator of municipal waste combustors, alleging air, water, and waste violations, and handled the company’s permit appeals, agency policy development, and actions brought by citizen groups.
  • Obtained site assignments and environmental permits for many thousands of tons per day of solid waste infrastructure projects constructed by landfills, municipal waste combustion facilities, transfer stations, and recycling facilities.
  • Brought actions and filed amicus briefs before the federal Surface Transportation Board and federal courts on behalf of a broad coalition of public and private solid waste trade associations and waste management companies. We challenged attempts to build solid waste facilities using a federal rail statute that contains a pre-emption from state and local environmental permitting requirements.
  • Won a dismissal of a judicial review proceeding brought by neighboring landowners against our client, a Long Island, New York, township. The plaintiffs sought to compel the township to prepare an environmental assessment and impact study in connection with the township's investigation of the feasibility of redeveloping a former solid waste disposal and transfer site as a public park.
  • Successfully defended countless RCRA administrative, civil, and criminal enforcement actions brought by EPA, the Department of Justice, and states.
  • Represented multiple clients across the U.S. in RCRA citizen suits involving alleged hazardous waste regulatory violations and/or imminent and substantial endangerment claims.
  • Regularly help clients with hazardous waste issues under non-U.S. and international law. Assisted clients in determining whether various materials are subject to the rules for hazardous wastes or hazardous recyclable materials on all seven continents, including in the European Union and over 30 other countries. We frequently counsel clients on how to ship recyclable materials between countries under the Basel Convention and related international agreements.
  • Defending Seneca Meadows, Inc. (SMI), a subsidiary of Waste Connections, Inc., in a purported class action lawsuit filed in New York State Supreme Court, Seneca County in November 2016. SMI owns and operates the largest landfill by permitted capacity in New York State. The Complaint sets forth nuisance and negligence claims associated with odors allegedly emanating from the landfill and seeks damages for loss of use and enjoyment of property and diminution in value. The Complaint identifies a proposed class consisting of all owners/occupants of residential property within 1.5 miles of the landfill, which encompasses thousands of individuals. The matter currently is in the class certification phase of the lawsuit. B&D is managing fact and expert discovery in opposition to the expected certification motion. The outcome of this action will be closely watched by plaintiffs’ firms and solid waste management companies around the nation.

  • Representing a waste management company in a suit challenging efforts by Alameda County Waste Management Authority (the Authority) to compel the company to disclose the identity of Alameda County waste haulers disposing of wastes generated in Alameda County at landfills operated by the company that are outside the county. The company considers the requested information trade secrets. This case challenges the constitutionality of a California statute that purports to authorize the Authority to demand the information and the Authority’s compliance with the prerequisites of the statute.

  • Represented Caithness Long Island II, LLC project, a proposed 750 megawatt dual fuel, combined cycle power plant to be located in the Town of Brookhaven, New York, before federal, state, and local agencies concerning environmental (e.g., air, water and wastewater), zoning (special permit and site plan) and state Public Service Commission permits and approvals required for the project. Several major reviews have been completed that were challenged by a neighboring community and successfully defended in court.