Morrison & Foerster has one of the most sophisticated environmental litigation practices around. From natural resource issues to Proposition 65, we take on the most complicated environmental problems our clients face and, when we go to court, we win. This has not gone unnoticed. U.S. News & World Report/Best Lawyers 2012 ranked our group in Tier 1 for environmental law (national), environmental litigation (national), timber law (national), natural resources law (San Francisco) and land use and zoning (San Francisco).
Our success is the product of our unique interdisciplinary "one firm" approach. We have deep knowledge of the laws and regulations important to our clients. Many of our lawyers have served on the inside as regulators at the top environmental agencies, including Michèle Corash, a former general counsel of the EPA, Peter Hsaio, a former environmental prosecutor at the U.S. Department of Justice, and Chris Carr at the U.S. Departments of State and the Interior. We also know how to litigate complex scientific and regulatory issues by recruiting superior experts and structuring complex litigation and trial testimony in a way that persuades judges and juries. Combining these skills with MoFo's world class litigation department and staff, we put together formidable trial teams that can take on any opponent.
Our lawyers have litigated cases across the spectrum of environmental law:
- Natural Resources and Endangered Species: We have handled some of the most challenging and complex Endangered Species Act, Clean Water Act and water rights matters in the country, using our litigation team's unique approach of integrating science with law to win.
- Land Use Litigation: Our attorneys are experts in environmental planning, and we bring that expertise to our litigation practice. We know the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) processes inside and out, and we advise our clients from the planning stage through litigation. We have a strong reputation for aggressively defending against specious claims aimed at stopping projects rather than at protecting the environment.
- Prop 65 and Related Class Actions: We have the best and most experienced Prop 65 team in California. We have won every case we have litigated to judgment. We know the most common Prop 65 plaintiffs and the class action counsel with whom they often collaborate. And we have negotiated the most significant and creative settlements for our clients.
- CERCLA/RCRA Litigation: We have extensive experience with complex litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). We help our clients defend these claims and related contribution and cost recovery actions (and we have even asserted a few to make our client's burdens more tolerable by sharing the pain with other responsible parties). We have also litigated and settled several hazardous waste enforcement actions brought against manufacturers and leading retailers.
Where litigation doesn't make sense, our lawyers achieve early, cost-effective and favorable resolution of environmental matters for our clients. Because we have invented the prototypes, we know how to structure individual and group settlements. Because the relevant regulatory and enforcement agencies know and respect us, we can enlist their help in getting settlements approved.