Morrison & Foerster has extensive experience in Superfund, product liability, and toxic tort litigation. We understand the intricacies of federal and state requirements governing response, natural resources damages, product liability, and toxic tort actions, and have litigated such actions in federal and state courts throughout the country.
We assist our clients in their efforts to obtain rational, cost-effective cleanup and resource recovery plans from regulatory agencies, ensuring that investigative and cleanup costs are well spent while maximizing our clients’ potential for cost recovery. Our lawyers also defend clients against toxic tort claims, including claims alleging personal injury and property damage from mold, chemical, and toxic exposure.
We represent clients in non-litigation forums, from defending enforcement actions before regulatory agencies to seeking permits and variances. We are experienced in negotiating with agencies and parties to resolve disputes prior to litigation.
We have defended clients in a variety of environmental matters, including civil and criminal enforcement actions. We understand the legal and scientific underpinnings of environmental, toxic tort, and consumer products litigation, and are adept at handling multi-party lawsuits and class actions.
We have a wide-ranging air, water, hazardous waste permitting, and enforcement defense practice. We often represent clients in trial and appellate litigation concerning Superfund, natural resource damages, wetlands, endangered species, and National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) claims.
Our environmental litigation team includes former prosecutors and government officials, including Michèle Corash, former General Counsel of the Environmental Protection Agency (EPA), and Peter Hsiao, a former environmental prosecutor at the U.S. Department of Justice.
Members of our team are leaders of the environmental bar; Robert Falk, is a former Chair of the ABA Standing Committee on Environmental Law, Michèle Corash, is immediate past president of the American College of Environmental Lawyers, and Peter Hsiao, is a current member of the ABA Standing Committee on Environmental Law, and a former Chair of the State Bar of California's Environmental Law Section.
We are the leading firm in defending California Proposition 65 ("Prop 65") actions, having successfully represented more clients in litigation and settlement than any other law firm. Michèle Corash signed the argument against Prop 65 when it first appeared on the ballot and represented the business community in the development and litigation of Prop 65’s implementing regulations. Michael Steel, Robert Falk, and Peter Hsiao also have significant expertise in Prop 65, and related enforcement matters and litigation.
Our Environmental Litigation clients include CEMEX, Chevron Corporation, The Hershey Company, Mattel Inc., Metropolitan Water District of Southern California, Pacific Lumber Company, Ricoh Electronics, Inc., Sears Holding Corporation, Union Pacific Corporation, and U.S. Borax/Rio Tinto Minerals.