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Environmental Litigation

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OVERVIEW

Stoll Keenon Ogden’s Environmental Litigation practice offers a comprehensive spectrum of services in matters involving air, water and waste. In the complex area of environmental law, our attorneys are prepared to provide their knowledge on issues ranging from consulting on compliance with environmental laws and regulations, to assisting with the permitting process and litigating in state and federal courts, administrative tribunals, arbitration proceedings and mediations.

Our scope of services includes:

  • Regulatory compliance
  • Environmental permitting
  • Negotiations with regulatory agencies
  • Permit challenges
  • Negotiations with the State and EPA regarding agreed orders and remedy selection
  • Superfund litigation
  • Class Action litigation
  • Criminal Enforcement
  • Insurance Coverage
  • Transaction auditing and counseling
  • Structuring and overseeing environmental investigations and remediation
  • Contract disputes between buyers and sellers of contaminated property
  • Defense to government orders or notices of violations
  • Citizen Suit litigation
  • Brownfields law
  • Environmental Management Systems 

Work Highlights

Contaminated Collateral

Successfully represented local lender regarding a defaulted loan secured by collateral that was contaminated and subsequently un-archived as a Superfund site.

Nuisance Claims

The firm represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial. Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).

Breach of Contract Prosecution

Successfully prosecuted a breach of contract claim under the indemnity provisions of a purchase and sale agreement.

Superfund Site Guidance, Superfund Investigation

Advised client in negotiations with Potentially Responsible Parties, EPA and Kentucky state regulatory authorities in major Superfund investigation.

Dismissal of RCRA Citizen Suit

Obtained dismissal of a RCRA Citizen Suit under the Burford Abstention doctrine by arguing that existing state administrative proceedings covered the same issues

Neighborhood Nuisance & Trespass Claims

Defended claims for nuisance, trespass, negligence and strict liability by multiple property owners against the local electric utility. Successfully defeated class certification.

Superfund Potentially Responsible Parties

Successfully resolved a contribution claim against alleged Potentially Responsible Party arising out of the remediation of a former scrap processing facility.

Circle Environmental CERCLA Claim

Successfully resolved EPA cost recovery claim against multiple Potentially Responsible Parties arising out of the EPA’s cleanup of a waste oil facility.

Environmental Litigation for a University

Represented a university and its athletic association in environmental litigation against CSX related to environmental costs incurred in building and expanding the university's stadium.

Neighborhood Nuisances & Temporary Restraining Orders

Successfully defended claims for nuisance, tortious interference and negligence arising from the construction of a stormwater/wastewater retention basin by the local wastewater utility.

INDUSTRY

Chemical Industry Council

Kentucky Coal Association

Thoroughbred Owners and Breeders Association

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