Administrative, Trial Court & Appellate Court Litigation
Several of our attorneys hold advanced degrees in science or engineering, which enable them to engage with consultants and experts as peers. Others have practiced as environmental consultants. Several of our attorneys have worked for state and federal regulatory agencies. Our attorneys know the regulators and understand how they implement and enforce the law. This blend of scientific, technical, legal and practical experience uniquely positions Babst Calland to advocate for our clients in the full range of tribunals where environmental disputes are resolved.
We have successfully resolved cases under federal and state statutes, including the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund); the Clean Air Act, the Clean Water Act; the Toxic Substances Control Act (TSCA); the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); the Emergency Planning and Community Right-To-Know Act (EPCRA); the National Environmental Protection Act (NEPA); Surface Mining Reclamation and Control Act, Endangered Species Act, Safe Drinking Water Act, as well as their state corollaries.
Our environmental litigators have extensive experience representing clients before the Environmental Hearing Board in Pennsylvania, the Environmental Quality Board in West Virginia and the Environmental Review Appeals Commission in Ohio, and various alternative dispute resolution forums. In administrative proceedings, we represent clients who are challenging permit provisions, contesting civil penalties or compliance orders, and defending against challenges brought by citizens’ groups, among other matters.
We regularly practice in state and federal courts, at both the trial and appellate level. In state courts, such as the Pennsylvania Commonwealth Court, we have represented clients in a wide variety of matters including appealing and defending appeals of administrative decisions, challenging state rulemakings, and initiating declaratory judgment actions. In federal court, our experience includes defending toxic tort lawsuits, defending and prosecuting cost recovery/contribution actions, challenging federal rulemakings, and defending citizens’ suits.
Our environmental attorneys have deep experience resolving environmental matters for various industries, including real estate development, the oil and gas industry, electric power generation, chemical manufacturing, steel making, coke/tar/gas manufacturing, public and private water and solid waste treatment facilities, and coal and aggregate mining.