North Carolina v. Tennessee Valley Authority (W.D.N.C.)
Lead counsel for State of North Carolina in air pollution enforcement action against Tennessee Valley Authority. Obtained favorable rulings on motions to dismiss and summary judgement. Preparing for trial, May 2008.

Environmental Defense v. Duke Energy (M.S.S. Ct.)
Represented Chesapeake Bay Foundation and Adirondack Mountain Club as amicus curaie parties. Favorable unanimous ruling of U.S.S.Ct. obtained.

Spillane v. Commonwealth Edison et al. (N.D. Ill.)
Class counsel for community seeking full clean up of neighborhood contamination from former manufactured gas plant site under RCRA and state law. Obtained settlement for complete cleanup and compensation for community.

Marmo et. al. v. IBP (D.Neb.)
Co-lead counsel for community group seeking damages for neighborhood air pollution from slaughterhouse and tannery complex. Obtained plaintiffs verdict after jury trial in first action and favorable settlements for plaintiffs.

DMJ v. Capasso et al. (E.D.N.Y.)
Obtained settlement as co-lead counsel for real estate group seeking cleanup of contaminated properties under CERCLA, RCRA and state law.

U.S. and Texas v. Koch Industries (N.D.Ok.) (S.D.Tx.)
Lead counsel for two Clean Water Act enforcement actions regarding over 300 oil spills from pipelines in Texas, Oklahoma, Kansas, Louisiana, Alabama and Missouri. Resulted in settlement immediately prior to trial for $30 million civil penalty, $5 million in environmental projects, and extensive injunctive relief to improve pipeline operation and maintenance, including third-party audits. This was the highest civil penalty ever assessed against a single company under any environmental law.

U.S. v. Smithfield Foods (E.D.Va.)
Supervisory attorney and senior trial counsel for Clean Water Act enforcement action regarding unlawful discharges from wastewater treatment plants to a tributary of the Chesapeake Bay. Resulted in judgment after trial for $12.6 million civil penalty. This is the highest Clean Water Act penalty ever assessed after trial.

U.S. and Arizona v. ASARCO (D.Az.), U.S. v. ASARCO (D.Mt.),
U.S. and Texas v. ASARCO and Encycle/Texas (S.D.Tx.)
Lead counsel for first EPA National Enforcement Screening Strategy (NESS) case. Involved comprehensive national multi-media compliance negotiations. Resulted in 3 consent decrees providing for: $13 million in civil penalties; extensive injunctive relief, including site-wide RCRA corrective actions; numerous environmental projects; and, corporate-wide (38 facilities) environmental management system (EMS) upgrades, including EMS and compliance audits.

U.S. and Pennsylvania v. ALCOA et al. (E.D.Pa.)
(Moyer Landfill Litigation)
Lead counsel for Superfund cost-recovery litigation involving over 150 parties. Resulted in cost recovery of over $36 million.

U.S. and Pennsylvania v. Cosmo Iacavazzi et al. (M.D.Pa.)
(Lackawanna Landfill Litigation)
Lead counsel for Superfund cost-recovery litigation involving multiple parties and a related criminal investigation. Resulted in cost recovery of over $28 million.

U.S. v. Allegheny Ludlum (W.D.Pa.)
Lead trial counsel for Superfund action regarding penalties for failure to provide access for response action. Achieved settlement immediately prior to trial.

U.S. v. Maryland Sand Gravel and Stone (D.Md.)
Lead counsel for Superfund cost recovery action under “remote sites” liability theory. Resulted in settlement after summary judgment granted on liability.

U.S v. Shaffer Equipment (S.D.W.Va.)
Counsel for trial attorneys during sanctions proceedings, and later lead counsel. Resulted in settlement after dismissal of action was reversed by Court of Appeals and case was remanded to trial court for further proceedings.

U.S. v. City of San Diego (S.D.Ca.)
Co-lead counsel for Clean Water Act enforcement action. City found liable for numerous violations of discharge limits and other permit conditions regarding city sewerage system. Resulted in $3 million civil penalty judgment entered after trial.

U.S. v. Corning Glass (M.D. Pa.)
Lead counsel for Clean Air Act enforcement action regarding arsenic emissions violations. Resulted in settlement after jury selection for $1.85 million civil penalty.

Superfund Remedial Action Consent Decrees Negotiated Include:
U.S. v. Whitmoyer Laboratories (M.D.Pa.)
U.S. v. Champion International (D.Mt.)
U.S. v. Air Products et al. (D.Md.)
U.S. v. ASARCO (East Helena) (D.Mt.)
U.S. v. Burlington Northern (D.Mt.)
U.S. v Butterfield Joint Venture (D.Ut.)

Select Reported Decisions:
North Carolina v. Tennessee Valley Authority, 439 F. Supp. 2d 486
(W.D. N.C., 2006)

DMJ Associates, LLC v. Capasso, 288 F. Supp. 2d 262
(E.D.N.Y., 2003)

U.S. v. Smithfield Foods, Inc., 972 F.Supp. 338
(E.D.Va., August 8, 1997)

U.S. v. Maryland Sand, Gravel and Stone Co., 39 ERC 1904
(D. Md., August 12, 1994)(1994 WL 541069)