Joshua B. Frank



P: +1.202.639.7748 F: +1.202.585.1021
Joshua Frank Photo

Joshua Frank handles a wide variety of complex environmental litigation matters, including cost recovery, contribution and natural resource damage litigation under CERCLA and related state statutes; Clean Air Act litigation; mass tort class actions concerning environmental property damage claims; and other toxic tort and products liability litigation. His work has involved complicated scientific and engineering issues that arise in defending such claims. Mr. Frank also has extensive experience in defending government enforcement actions and citizen suits under the Clean Air Act, as well as in representing clients in challenges to environmental regulations at both the state and federal level. In addition to litigation, he also handles hazardous waste site remediation issues and regularly counsels clients regarding regulatory issues falling under numerous environmental statutes including CERCLA and the Clean Air Act.

Related Experience

  • Sierra Club et al. v. PPL Montana LLC et al. – lead litigation counsel for the six co-owners of the Colstrip power plant; defending against New Source Review claims brought under the Clean Air Act
  • Major manufacturing company – defense against alleged class action toxic tort and contaminated property damage claims
  • United States v. Holcim (US) Inc. et al. – defended cement manufacturer in Clean Air Act enforcement action
  • United States v. Louisiana Generating LLC – counsel for Louisiana Generating in remedy phase of Clean Air Act litigation
  • Major manufacturing companies and major refining company – lead counsel in defense of federal and state actions related to the investigation and remediation of the Passaic River and related natural resource damages claims
  • EME Homer City Generation, L.P et al. v. EPA – representing Consolidated Edison Company of New York, Entergy Corporation, Northern States Power Company - Minnesota and Southwestern Public Service Company in D.C. Circuit challenge to Cross-State Air Pollution Rule and related regulatory proceedings
  • Sierra Club et al. v. Portland General Electric Co. – lead litigation counsel in defense of PGE against Clean Air Act citizen suit case regarding Oregon coal-fired power plant
  • Kelecseny et al. v. Chevron U.S.A. et al. – defended Hess Corporation and Marathon Petroleum Company in Florida class action alleging property damage to boat owners from ethanol in gasoline
  • Loudermilk Services, Inc. et al. v. Marathon Petroleum Company LLC, et al. – defended Marathon Petroleum Company in West Virginia class action litigation relating to alleged damage to underground storage tanks from constituents in gasoline
  • Citizens for Clean Power v. Indian River Power, LLC – lead litigation counsel in Clean Air Act citizen suit case alleging opacity violations from coal-fired power plant
  • NRG Energy Inc. v. DNREC et al. – litigation counsel in challenge to state multi-pollutant regulation
  • Major manufacturing companies – counsel regarding site remediation issues
  • Major refining companies – defense against product liability claims relating to MTBE in gasoline
  • Electric generating companies – counsel regarding Clean Air Act compliance issues including New Source Review, Title V, Cross State Air Pollution Rule, MACT standards and other regulations


Publications, Speeches & Presentations

Clean Air Act Regulatory Developments

Speeches & Presentations

The University of Texas School of Law's 13th Annual Gas & Power Institute, Houston, TX