Environmental and Toxic Tort Litigation

Businesses are more vulnerable than ever to law-enforcement actions in connection with environmental laws and regulations. Troutman Sanders offers one of the most sophisticated environmental and toxic torts litigation practices in the nation. Our clients include consumer and industrial product manufacturers, individuals, railroads, local governments, transportation companies, electric utilities and chemical manufacturers.

We try cases throughout the United States for plaintiffs and defendants, and we regularly handle appellate matters involving exposure claims. Our attorneys serve as trial counsel and regional counsel in standalone and mass tort liability claims and as counsel in coordinated class actions. Additionally, our professionals serve as coordinating counsel supervising law firms in other states and other countries in the development of trial strategy and conducting mass settlement negotiations.

We have litigated some of the most important cases in the United States, from global climate change in the Southern District of New York, to opacity claims under the Clean Air Act (CAA) in New Mexico, to personal injury claims involving electromagnetic fields in Georgia. These cases have involved a wide range of substances, including arsenic, asbestos, chromium, diesel exhaust, dioxin, mold, coal tar, mercury, polychlorinated biphenyls (PCB) and vinyl chloride. We were one of the first firms to litigate key provisions of the Class Action Fairness Act in the context of residential properties with PCB and lead exposure.

Our comprehensive experience includes the following areas:

We have more than 20 litigators with a range of backgrounds practicing primarily in environmental litigation. Members of our firm include two former state attorneys general, fellows of the American College of Trial Lawyers, numerous former judicial clerks and litigators with advanced degrees in science.

Chambers USA has recognized us for the excellence of our litigation and policy work. We represent our clients at the highest levels, including the U.S. Supreme Court, where we recently represented parties in two environmental cases regarding the issues of climate change and the EPA’s regulation of greenhouse gases.

While we are trial attorneys, we also have developed a deep understanding of air-quality modeling, epidemiology, toxicology, hydrogeology, and a range of other scientific skills and areas. We regularly file and defend challenges to expert testimony in Daubert and related hearings in state and federal court. Our experience also includes litigating niche legal issues such as medical monitoring for asymptomatic plaintiffs and claims for cancerphobia and increased risk of disease.

Although science and technology are important in toxic tort cases, we still believe the most important strategy in toxic tort lawsuits is to communicate science and the law to judges and juries simply and effectively.