Joshua B. Frank

Joshua Frank 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; cost recovery, contribution and natural resource damage litigation under CERCLA and related state statutes; Clean Water Act litigation; mass tort class actions concerning environmental property damage claims; and other toxic tort and products liability litigation. 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.

Josh has extensive experience in defending government enforcement actions and citizen suits under the Clean Air Act and Clean Water Act, as well as in representing clients in appellate 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 a broad range of environmental statutes and regulations.

• 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
• 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 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