Environmental, Energy & Toxic Tort

Members of Womble Carlyle's Environmental, Energy & Toxic Tort Litigation Practice Group engage in a variety of toxic tort and environmental litigation, ranging from acting as local counsel in specific cases to coordinating litigation nationwide. In addition, lawyers in the Group provide regulatory representation for a diverse range of industrial clients on current or potential enforcement and compliance issues.

Toxic Tort Litigation

We have defended numerous toxic tort cases concerning exposure to chemicals and environmental agents that lead to claims of personal injury (including death), medical monitoring, fear of future illness and damages to real property. These cases arise from exposure to chemicals from such diverse sources as workplaces, products, air emissions, hazardous material releases, explosions/accidents and food. The nature of these cases range from class actions to a single plaintiff. The Group has extensive experience in substantive areas of importance to toxic tort litigation such as toxicology, epidemiology, chemical fate and transport and modeling and has represented clients in cases involving various chemicals and environmental agents including:

• Agricultural chemicals
• Hexavalent chromium
• Molds
• Asbestos
• MTBE
• Mercury
• Dioxins/furans
• Hydrogen sulfide
• Benzene
• Textile dyes
• PCBs
• Lead
• Ethylene oxide
• Hydrazine
• Styrene
• Radioactive materials
• Petroleum
• Hydrocarbons
• Solvents
• ...TCA
• ...TCE
• ...PCE
• ...Methylene chloride
• ...1-4 dioxane
• ...others

We have particular experience with Agrichemical Litigation and Environmental Emergencies.

Environmental Litigation

We also engage in a wide variety of environmental litigation, including defending federal and state civil and criminal actions, defending and prosecuting private cost recovery actions and defending citizen suits.

The Group has significant experience in litigating environmental claims between corporations. These claims often arise as a result of disputes over contractual obligations between the parties, as well as under federal and state statutes. Members engaged in this litigation have gained extensive experience in important substantive areas including hazardous substance and waste generation, chemical fate and transport, air and groundwater modeling and source determination.

Members of the group have also represented clients in numerous administrative hearings and proceedings and when necessary, have pursued judicial review of adverse administrative decisions.

Environmental Regulatory Experience

Womble Carlyle's team of environmental attorneys regularly advise its clients on the numerous federal and state environmental statutes of regulations confronting industry.

Members of the group have significant experience working with and against the EPA and state agencies, and can provide unique insight into the current and future governmental regulatory initiatives and rulemakings. Coordinating with Womble Carlyle's Federal and State Government Affairs Group, our members have sought resolution of client issues directly from lawmakers and congress of state legislators.

Additional Resources

The Toxic Tort and Environmental Litigation group works with a number of experts and research analysts to review and analyze case issues pertaining to medicine or science and offering guidelines to each defense. On regulatory matters, a team of outside consultants and experts may also be utilized on issues such as complex environmental permitting disputes.

In litigation matters the group has used some outside experts in litigation support including for medical record translation, review and analysis, library resources; expert witness services; and jury research. This outside team has assisted the group clients in locating experts in the following substantive areas: pathology (including cytopathology), pharmacology, radiology, biostatistics, oncology, epidemiology, toxicology, psychiatry and psychology.