Environmental Litigation

Environmental litigation is particularly complex and can take the form of short-term administrative or writ proceedings or longer-term litigation and appeals. There is an interplay between state and federal laws and regulations, policy considerations and a variety of competing interests. Results can have widespread, long-term implications for future development projects and entire communities. 

Best Best & Krieger LLP maintains a large focused Environmental Litigation practice, with nearly 25 percent of our attorneys regularly handling all phases of trial and appellate proceedings. Our environmental litigators are among the most highly qualified and experienced in the nation and have represented clients in many of the nation’s and California’s most significant and contentious matters. Often, these are precedent-setting and high-stakes disputes. BB&K attorneys have an excellent record of favorably resolving multi-party and multi-district environmental challenges and citizens’ suits in federal and state courts. 

Our environmental attorneys also resolve matters beyond the courtroom through arbitration, mediation and negotiated settlements, and we have extensive experience representing public and private clients in investigations and enforcement actions and hearings before federal, state and local regulatory agencies including: 

• The Environmental Protection Agency
• The California Public Utilities Commission
• Air quality management districts 
• Departments of public health
• State and regional water resources control boards
• The Department of Toxic Substances Control
• Land use and zoning authorities 

Unrivaled Depth & Breadth
Our team has the necessary combination of scientific knowledge, regulatory experience and litigation skill, plus broad-based experience representing clients from a wide variety of industries. These include agri-business, energy, chemical, health care, manufacturing, pharmaceutical and transportation. We represent public entities, cities, water and other special districts and utilities. This breadth of experience provides us with insights into the perspectives of the various players. We know the challenges and how to work around them and, through decades of handling environmental matters, we have established an outstanding reputation with judges and good working relationships with regulators, which means that our clients are in the best possible position to get their issues resolved.

Comprehensive Service
We have effectively resolved a wide array of challenges involving:

• The California Environmental Quality Act
• The National Environmental Policy Act
• Air quality 
• Clean Water Act, wetlands, water quality and supply 
• Hazardous materials
• Endangered species
• Zoning, land use, easements, entitlements and permitting issues
• Renewable energy
• Regulatory approvals 
• Natural resource damage/property damage claims
• Insurance coverage disputes

As counsel to public agencies that collectively provide water to more than two-thirds of California’s population, we have brokered water rights disputes between states and have developed water policies internationally. 

Our Approach
Our litigation teams are appropriately staffed with litigators and paralegal support, and are structured to deliver cost-efficient, effective legal solutions based on each client’s specific needs and goals. Further, we employ the latest technologies to streamline document review, efficiently manage litigation and enhance the presentation of evidence in court.

Representing clients in and out of court, we have litigators fighting the lawsuit, former members of the media helping to communicate our clients’ messages and legislative advocates conveying our clients’ position to legislators and agency officials.