Global Legal Chronicle
Joshua Frank is a seasoned litigator who handles a wide variety of complex, high stakes environmental litigation matters arising in all media (air, water and waste) under major environmental statutes and regulatory programs. His work has included Clean Air Act litigation; Clean Water Act litigation; and cost recovery, contribution and natural resource damage litigation under CERCLA and related state statutes. He has extensive experience in defending citizen suits and government enforcement actions under these statutes. He also represents clients in appellate challenges to environmental regulations at both the state and federal level and defends environmental permits against challenge.
A substantial focus of Josh's practice is the defense of mass torts and class actions alleging environmental property damage, personal injury, and interference with use and enjoyment of property. In this context, he has also defended claims regarding alleged defective products including claims of design defect, failure to warn, breach of warranties, unfair trade practices, fraud, and unjust enrichment.
Because his work often involves complicated scientific and engineering issues, Josh draws upon his background in the sciences to help his clients defend against such claims.
In addition to litigation, he also handles hazardous waste site remediation issues and regularly counsels clients regarding regulatory issues falling under a broad range of environmental statutes and regulations.
- Bryant et al. v. Intercontinental Terminals Company, LLC et al. – defense of class action alleging property damage relating to air emissions from industrial fire
- New Jersey Department of Environmental Protection et al. v. Hexcel Corporation et al. – defense of State suit seeking natural resource damages relating to alleged contamination from industrial facility
- Burnett et al. v. Talen Montana, LLC et al. – lead defense counsel in defense of mass tort case alleging property damage and personal injury from coal dust alleged released from coal-fired power plant
- Advocates for a Cleaner Tacoma et al. v. Puget Sound Energy et al. – lead counsel in defense of challenge to air permit for new liquefied natural gas facility in trial before state environmental board
- Texas Campaign for the Environment et al. v. DCP Operating Company, LP – lead defense counsel in defense of Clean Air Act citizen suit alleging excess emissions from flaring
- Ohio Valley Environmental Coalition et al. v. Eagle Natrium LLC – lead counsel in defense of Clean Water Act citizen suit alleging violations of effluent limits in NPDES permit
- In the Matter of the Application for an Amendment of a Major Facility Siting Act Certificate by Talen Montana LLC – lead counsel in defense of amendments to site certificate for a coal-fired power plant allowing the use of alternative source of coal
- Sierra Club v. James Lake Midstream, LLC et al. – lead counsel in defense of Clean Air Act citizen suit alleging excess emissions from flaring
- Freeman v. Grain Processing Corporation – defense against class action toxic tort and contaminated property damage claims stemming from operation of corn processing facility
- Major chemical company – counsel regarding remediation issues stemming from soil and groundwater contamination at a chemical manufacturing facility and defense of related actions regarding allocation of remediation costs
- 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
- Major refining companies – defense against product liability claims relating to MTBE in gasoline as part of multi-district litigation as well as in individual state and federal cases
- United States v. Holcim (U.S.) 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
- Trade association – assisted with drafting comments on proposed EPA residual risk and technology review rulemaking under the Clean Air Act’s National Emission Standards for Hazardous Air Pollutants
- 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 based on theories of products liability and deceptive and unfair trade practices
- 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 based on theories of products liability
- 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 pipeline company – defended pipeline company against State claims alleging violations of Water Quality Certification obtained under Section 401 of the Clean Water Act, as well as alleged violations of State Pollution Discharge Elimination System general permit
- Major manufacturing companies – counsel regarding site remediation issues
- 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
The Texas Lawbook
Washington Legal Foundation
Washington Legal Foundation, Vol. 37, No. 12.