Environmental
This practice area has the following sub practice areas:
- Toxic Torts & Exposures
- Indoor Environmental
- Asbestos and Lead Paint Exposure
- Administrative Investigations
- Voluntary Remediation Action Plans
- Environmental Compliances
- Catastrophic Events
- Hazardous Materials Transportation
Kiernan Trebach has decades of extensive experience defending industry clients from many complex environmental claims, including environmental pollutants, environmental related injuries, property damages, and environmental regulatory issues. Our continued success in environmental liability defense is also coupled with our reputation as a highly effective litigation firm. We are also well-versed in the unique evidentiary challenges relating to the admissibility of scientific evidence and testing.
Our attorneys have defended manufacturers, distributors, and contractors against claims asserting injury from chronic exposure to toxins or hazardous substances, including asbestos, mold, lead paint, and silica. Kiernan Trebach’s attorneys excel in navigating intricate environmental cases across state and federal courts, representing national and multinational corporations. As trusted counsel, we have prevailed in numerous environmental liability defense lawsuits, extending our success to diverse business clients (add other types of clients if applicable). This includes claims related to:
- Toxic Torts & Exposures
- Indoor Environmental
- Asbestos and Lead Paint Exposure
- Administrative Investigations
- Voluntary Remediation Action Plans
- Environmental Compliances
- Catastrophic Events
- Hazardous Materials Transportation
Our approach to resolution of environmental claims is often most successful when our attorneys are engaged early in the process, facilitating our ability to provide a thorough and accurate investigation and claim analysis, shielded by attorney-client privilege. Early engagement also allows us to explore pre-litigation resolution, monitor the remediation process, and mitigate potential damages.
We recognize the critical role arbitration and negotiation may play in resolving certain disputes, coupled with our commitment to assertive litigation when necessary. Our proactive approach extends to advising clients on compliance with environmental laws and regulations, as well as providing guidance on training and testing protocols.
Environmental Liability Insurance Issues
Kiernan Trebach’s seasoned liability defense attorneys excel at navigating insurance coverage disputes and liability payment challenges. Drawing from extensive experience in litigating insurance and environmental liability cases, our firm brings the necessary expertise to analyze and interpret insurance contracts.
Appellate Practice – Environmental Liability Defense
Kiernan Trebach’s appellate practice is a natural extension of our dynamic trial and litigation expertise.
Recent Case Examples:
- Alleged “black mold” claim: Successful defense of claims related to an alleged whole house infestation of "black mold" due to leaking windows and roof flashing issues. Plaintiffs had moved out of the home and were seeking compensation for allegedly disabling neurological injuries, total home loss, plus alternate housing costs. We significantly limited the scope of Plaintiffs' claims and settled the case at mediation for a fraction of Plaintiffs' initial demand.
- Alleged run-off claim: We successfully assisted a client with regard to issues related to alleged run off from a solar panel farm into local waterways and wetlands. The client had a pending action being pursued by the Attorney General's Office and the state environmental agency. We worked with the relevant state agencies, the Attorney General's Office, and other involved parties to develop a monitored remediation plan that allowed the client to enter into a consent agreement and to avoid significant fines, pensalties, and other punitive measures.
- Asbestos/lead contamination claim (protracted litigation): In this case, Plaintiffs were the owners of a retail store situated adjacent to a large new residential and commercial development. Plaintiffs shared a common wall with the new development and claimed that their property was not properly protected during the asbestos remediation phase of demolition of the neighboring property. Plaintifffs abandoned their store after contending it had been polluted with toxic dust, made no attempts to remediate, and forced protracted litigation. Ultimately, we were able to leverage a settlement that avoided additional litigation costs and resolved the dispute for an amount near Defendants' initial settlement offer.
- Fume inhalation claim following excavation: Plaintiff, an excavator operator, claimed to have sustained permanent, disabling and debilitating neurological and respiratory injuries when operating his excavator that encountered underground storage tanks containing old petroleum. were not properly marked at the site. We defeated a claim for contractual indemnification and defense asserted by a co-Defendant, and we successfully negotiated a reasonable settlement to resolve the dispute for our client.
For more information, please contact any of the practice members referenced in the Attorney Listing. For the “Practice Area” Environmental (https://www.kiernantrebach.com/attorneys/)
