Environmental Litigation

Katten’s Environmental Litigation Practice offers streamlined and cost-effective case management through every phase of administrative, civil and criminal proceedings. Our attorneys have been involved in some of the nation’s leading cases, including the representation of large manufacturing companies and energy utilities in appeals of federal agency rulemakings and other actions, enforcement actions, climate change litigation, and multimillion-dollar cost-recovery cases.

Our environmental litigators are a part of one of the top litigation practices in the country, with a sizeable appellate group and some 200 trial attorneys nationwide. The practice has earned recognition in Chambers USA, Benchmark: Litigation, Lawdragon 500, Martindale Hubbell and the Law360 Litigation Almanac. Our practitioners include a former Chief of the Environmental Crimes Section at the U.S. Department of Justice and more than a dozen former Assistant U.S. Attorneys, who work alongside scores of seasoned private litigators.

Whether an action is triggered by a release to the environment, a whistleblower, a citizen complaint, an internal audit finding, a search warrant, a grand jury subpoena or otherwise, our experienced litigators will quickly assess the case, consider the alternatives to resolution—including the prospects and risks of settlement or mediation—and, where necessary, litigate the matter to conclusion.

Recent engagements include:

• Representing the National Association of Manufacturers and more than 20 other trade associations in eight challenges to the U.S. Environmental Protection Agency’s regulations addressing climate change and greenhouse gas emissions.
• Representing the Renewable Fuels Association intervening on behalf of the government to defend Renewable Fuels Standard rules against challenges by other parties.
• Representing the Fine Particulate Litigation Group regarding challenges to EPA’s implementation of the national ambient air quality standards for fine particulate matter.
• Representing trade associations in challenges to EPA's standards and implementation regulations for the national ambient air quality standards for ozone.
• Representing trade associations in challenges based on the agencies’ failure to comply with the Information Quality Act.
• Representing the Auto Industry Forum in challenges to EPA’s regulations addressing air toxics from industrial boilers and incinerators.
• Representing numerous industry trade associations in challenges to EPA’s General Provision regulations for air toxics under Section 112.
• Representing the American Chemistry Council in defending EPA's decision that the synthetic organic chemical manufacturing industry source category did not pose a residual risk that required additional regulation under Section 112 of the Clean Air Act’s air toxics provisions. Natural Resources Defense Council v. Environmental Protection Agency, 529 F.3d 1077 (D.C. Cir. 2008).
• Representing several trade associations in challenges regarding EPA’s New Source Review reform regulations, resulting in the U.S. Court of Appeals upholding key industry reforms. New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005).

Professionals