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HOME | OUR PRACTICE | ENVIRONMENTAL LITIGATION
When the need arises, Fognani & Faught has extensive litigation experience on environmental issues in state and federal courts. We have worked on a number of highly visible litigated environmental and natural resources matters, including defense of natural resources damage cases, with pendent state law claims, e.g., State of Colorado v. Asarco Incorporated (natural resource damage action); United States v. Rockwell Int'l (defense of Rockwell International Corporation in the Rocky Flats Plant criminal and environmental investigation); and United States v. Friedland (defense of board members and officers in the Summitville Mine Superfund CERCLA action), along with pursuit of third-party claims and insurance recovery thereafter. We also have defended and prosecuted a number of citizen suits under the federal environmental statutes and toxic tort actions in state courts, such as, for example, the California toxic tort suit of In Re Redlands, involving El Paso Natural Gas Company, among others, in Southern California; Wilson v. Amoco Corp. (RCRA citizen suit); and Upton v. USDOE, et al.
John Fognani successfully negotiated the resolution in Colorado of $500 million of penalty liability under Title V of the Clean Air Act for Vastar Resources. In November 1990, John Faught had the privilege of arguing a case before the United States Supreme Court.
The Firm has environmental litigators with substantial trial experience, as well as lawyers with extensive backgrounds in appellate advocacy in environmental matters. Many of the Firm's lawyers focus their activities on environmental practice areas, including environmental insurance coverage litigation. The Firm's environmental lawyers are familiar with the issues pertaining to CERCLA liability and its various defenses, apportionment, and owner/operator liability, natural resource damages, cost recovery and contribution, steering committee work and multiple-party sites and actions. A number of the lawyers have substantial environmental experience in judicial and administrative proceedings, including citizen suits, enforcement actions, toxic tort actions and various state and federal district court and appellate cases.
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