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Toxic Tort and Environmental Litigation
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Baker Botts has long-standing experience handling sensitive and complex environmental litigation. For example, we recently tried one of the largest hazardous waste criminal prosecutions in the history of the federal program and represented a metals mining, smeltering and refining company in what the federal government calls "the most complicated environmental bankruptcy in United States history." With our combined strength in environmental issues (Chambers USA 2009: Texas: Environment - Firm Band 1), litigation (Chambers USA 2009: Texas: Litigation (General Commercial) - Firm Band 1) and energy (Chambers USA 2009: USA National: Energy: Oil & Gas - Firm Band 1), we have earned the reputation as a go-to firm for environmental litigation.

We regularly defend large energy corporations in Clean Air Act litigation involving the New Source Review provisions, New Source Performance Standards and hazardous air pollutant standards, and we represent clients in litigation involving key regulatory initiatives such as the Clean Air Interstate Rule (CAIR). In 2008, we challenged the Clean Air Interstate Rule in the U.S. Court of Appeals for the District of Columbia Circuit and won a remand of the rule with respect to our challenge.

Baker Botts also offers one of the leading toxic tort practices in the country. For example, we recently defended a major oil company in approximately 75 toxic tort lawsuits involving over 1,000 plaintiffs, and we continue to serve as national counsel to two leading refiners and a chemical company in numerous products liability claims. Our experience covers the spectrum from individual plaintiff cases to mass tort litigation, including cases in which entire communities have filed suit.

Our industry-specific knowledge serves as one of Baker Botts' key strengths: we have represented energy, technology and manufacturing clients for decades, which has allowed us to learn their unique operating environments and challenges. Having a strong industry knowledge helps us better coordinate strategic approaches to litigation that align with our clients' overarching business objectives.

Baker Botts lawyers include former high-level federal and state litigators and regulators who can assist and interact with key government personnel. We are also keenly aware of our clients' interests in managing environmental litigation efficiently. To help manage costs, we frequently serve as common counsel to multiple defendants with common objectives. With one of the largest environmental practices in the country, we are able to match subject matter experts with each task at hand to avoid "learning curve" costs and promote lean staffing on client matters.

Our environmental litigation experience includes:

  • Air, water and waste enforcement actions
  • Toxic tort lawsuits
  • Environmentally-related products liability cases
  • Insurance coverage actions
  • Superfund disputes
  • International arbitration
  • Bankruptcy matters
  • Climate change litigation
  • Natural Resource Damages (NRD) claims
  • Endangered Species Act (ESA) cases

For a more complete description of our experience, please click here.

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Publications
Environmental Litigation
 
1998
Business and Commercial Litigation in Federal Courts, The West Group (Robert L. Haig, ed.)
Speeches and Presentations
Environmental Litigation: Holding Court With Nature
 
September 9 and 10, 2004 (Houston) and September 23 and 24, 2004 (Dallas)
Advanced Business Litigation, University of Houston Law Foundation, Houston and Dallas
 
August 11 and 18, 2000
Advanced Business Litigation, University of Houston Law Foundation, Dallas and Houston