Environmental Litigation

From Three Mile Island to the Deepwater Horizon Gulf oil spill, K&W is one of the nation’s leading firms for forcing polluters to internalize the cost of their harms to people, communities, businesses and the public trust. K&W has achieved an unmatched record in navigating complex and dynamic environmental laws and regulations. Our national client base includes state governments, Native American tribes, labor unions, major corporations, developers, banks, small businesses, and property owners, who have turned to K&W for unparalleled expertise in environmental litigation.

Our litigation practice has involved successful claims for recovery of compensation for environmental contamination and damage to both persons and property. The firm is well renowned for its pursuit of various causes of action, including trespass, strict liability, unjust enrichment, and parens patriae, as well as for violations of federal and state environmental statutes. These actions have taken the form of class, multiple party, government, and individual plaintiff proceedings against a multitude of corporations, including ExxonMobil, British Petroleum, Shell, Texaco, ConocoPhillips, and Amoco.

Allan Kanner has written dozens of articles in the field of environmental law and authored a book, Environmental and Toxic Tort Trials. He is considered one of the nation’s top legal experts in this complex field and he and Lili Petersen have taught Tulane Law School’s Toxic Tort class for years.

Representative Cases:

  • Current lead counsel, In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL No. 2179
    • State of Louisiana v. Triton Asset Leasing GmBH, et al.seeking declaratory judgment against Transocean entities involved with the Deepwater Horizon explosion and subsequent oil spill in the Gulf of Mexico., No. 2:10-cv-3059, EDLA
    • State of Louisiana v. BP Exploration & Production, Inc., et al.seeking penalties, declaratory judgment and damages from entities involved with the Deepwater Horizon explosion and subsequent oil spill in the Gulf of Mexico., 2:11-cv-00516, EDLA
  • Current lead counsel, New Jersey Department of Environmental Protection vs. ExxonMobil Corporationseeking natural resource damages for violations of Spill Act and common law claims against ExxonMobil for leaks and spills of various hazardous substances associated with refineries at two New Jersey locations. New Jersey Department of Environmental Protection v. ExxonMobil Corp., 420 N.J. Super 395 (App. Div. 2011)(finding that statute of limitations period for state to bring natural resource damage claims related to discharge of hazardous substances applied to common law strict liability claim was extended by statute, reinstating the State’s strict liability claim.), L-1650-05
  • Current co-lead counsel, Philip Roeder, et al v. Atlantic Richfield Co. and BP America, Inc.putative class action alleging tort claims against Defendants for wrongful storage and disposal of hazardous substances associated with abandoned copper mine., No. 11-105, (D. Nev.)
  • Janes v. CIBA-GEIGY Corp.$20 million settlement on behalf of property owner class affected by the seepage of volatile organic compounds from chemical wastes stored on the property in Toms River Township, New Jersey., No. L-1669-01 Mass Tort 248 (Law Dix. Middlesex Cty., NJ)
  • Samples v. Conoco, Inc.$65 million settlement on behalf of property owner class affected by ground and surface water pollution as a result of fertilizer and wood treatment processing., No. 01-631 (Fla. 1 JDCC)
  • Petrovic v. Amoco Oil Co.multi-million dollar settlement of pollution claims on behalf of a certified class of property owners affirmed on appeal, 200 F.3d 1140 (8th Cir. 1999)

Learn More:

Download / Print: ‘Natural Resource Damage and Environmental Experience’