Environmental Litigation​​​

It is an easy thing to add a bullet to one’s website that reads “Environmental Law” or “Environmental Litigation.”

It is something quite different to be able to justify that bullet by having developed, day in and day out, over twenty years of experience at a southeastern regional law firm in such complex, challenging, and, at times, confrontational topics as brownfields redevelopment, environmental due diligence, landfill siting, environmental justice, the Endangered Species Act (ESA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Emergency Planning and Community Right-to-Know Act (EPCRKA), the Clean Water Act (CWA), the Clean Air Act (CAA) wetlands permitting, and the National Environmental Policy Act (NEPA). The body of work of the lawyers at Barze Taylor Noles Lowther LLC provides such justification . . . and then some..

But don’t take our word for it. Consider the body of evidence.

Our representative experience includes:

• Obtained dismissal of claims against plant manager in allegations associated with the inadvertent discharge of wastewater into adjacent river.
• Obtained dismissal of claims against wastewater treatment works with respect allegations of downstream pollution.
• Successfully negotiated settlement on behalf of cheese manufacturing facility with respect to downwind and downstream claims of negligence, nuisance, and trespass.
• Obtained a multi-million-dollar settlement for commercial nursery in a Clean Water Act lawsuit filed against neighboring business who were contaminating our client's irrigation pond with agricultural pesticides and other chemicals.
• Defended company against Clean Air Act citizen suit resulting in its voluntary dismissal with prejudice.
• Successfully negotiated settlements with Alabama Department of Environmental Management for municipalities and developers accused of violation of state and federal water pollution regulations.
• Represented company in opposing citizens' mandamus proceeding under Clean Water Act (NPDES) resulting in denial of petition.
• Defended fertilizer processor against environmental claims asserted by adjacent property owner (and related EPA claims) in federal court in Virginia.
• Obtained dismissal of Clean Water Act lawsuit alleging that construction company contaminated the Cahaba River.
• Obtained dismissal of a toxic tort exposure case alleging exposure to formaldehyde at manufacturing facility.
• Represented utility companies in asbestos premises liability lawsuits filed by former contractors and their families seeking damages for mesothelioma, lung cancer and asbestosis.
• Represented commercial developer, as defendant-intervenor, in litigation in district court in Alabama defending issuance of a CWA Section 404 permit to it.
• Represented host government city in challenging transfer of permit to new owner in violation of Alabama law and host government agreement.
• Successfully negotiated with federally-recognized Native American tribes on a number of National Historic Preservation Act (NHPA) and Native American Graves Protection and Repatriation Act (NAGPRA) matters sited in the southeastern United States.
• Represented commercial developer in intervention in litigation in which environmental group alleged improper permitting associated with Clean Water Act and Endangered Species Act in endangered Perdido Key Beach Mouse habitat in federal court in Florida.
• Represented owner and operator of regional landfill against allegations of trespass, nuisance, environmental injustice, and violations of the SWDA and CAA.
• Represented county, as defendant-intervenor, in defense of CWA Section 404 permit issued by Corps of Engineers for large-scale county road project.
• Represented city, as defendant-intervenor, in defense of National Environmental Policy Act findings and related issuance of CWA Section 404 permit for construction of dam and drinking water reservoir.
• Obtained summary judgment for refractory company in asbestos litigation and successfully litigated appeal in which plaintiffs sought to circumvent the Alabama personal injury statute of limitations by arguing CERCLA preemption.
• After a week of jury trial, successfully resolved lawsuit filed against major nationwide retailer by adjacent property owner claiming property damage as a result of leaking underground gasoline storage tanks.
• Resolved, for a nominal amount, a case filed against one of North America's largest producers of oriented strand board in which plaintiff claimed damage to his pond and property from storm water runoff and other alleged contaminants.
• Defended German supplier of mining and tunneling equipment and safety systems in a class action (AL) and a mass action (WV) purportedly involving over 30,000 plaintiffs alleging exposure to polymeric diphenyl methane diisocyanate.
• Successfully negotiated deferred prosecution of forester accused of illegal take of endangered red-cockaded woodpeckers.
• Successfully negotiated settlement for landowner accused of violating CWA Section 404 by building unpermitted pond on hunting preserve.