Representative Matters

  • Represented one of the major owners and operators of municipal waste combustors in the United States in matters that spanned from defending enforcement actions brought by federal and state environmental authorities alleging air, water, and waste violations to permit appeals, agency policy development, and actions brought by citizen groups.
  • Successfully obtained site assignments and environmental permits for thousands of tons of solid waste per day on infrastructure construction projects involving landfills, municipal waste combustion facilities, transfer stations, and recycling facilities.
  • Handled all legal aspects of permitting and operation, remediation of inactive cells, and management of historic liabilities at a large sanitary landfill facility in New York, also acting as transaction counsel in successfully negotiating the purchase and sale agreement of the facility and assisting the new owner in its efforts to substantially expand the landfill.
  • Brought actions and filed amicus briefs before the federal Surface Transportation Board and federal courts challenging attempts to build solid waste facilities using a federal rail statute that contains a preemption from state and local environmental permitting requirements on behalf of a broad coalition of public sector and private sector solid waste trade associations and waste management companies.
  • Performed environmental due diligence reviews on the assets of numerous waste management companies and facilities for prospective buyers.
  • Represented a biosolids management company on environmental matters related to waste management and land application in numerous U.S. jurisdictions and successfully defended the company against efforts by municipalities to impose local controls that were not based on solid science.
  • Advised multiple clients on the public bidding of waste infrastructure projects and negotiated teaming agreements and design/build/operate contracts for solid waste facilities.
  • 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.