Environment and Sustainability

The firm has a diverse civil and criminal litigation practice covering many areas of environmental law. Winston & Strawn has litigated cases concerning the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") (e.g., private cost recovery and cleanup allocation issues), the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act ("RCRA"), underground storage tanks, state and local law issues, and facility sitings. Our experience ranges from hearings before state environmental permitting agencies in contested proceedings, to federal district court proceedings in government and private enforcement actions, toxic tort matters, citizen suits, injunction actions, and federal appeals of permitting and siting decisions. In addition, we challenge agency regulations in federal and state appellate courts and represent major industry groups as amici curiae before the United States Supreme Court and U.S. Court of Appeals.

Winston & Strawn also litigates breach of contract claims involving contracts for facilities, Superfund claims, successor liability issues, and statutory and common law claims. We have developed innovative approaches in private cost recovery actions for both plaintiffs and defendants, and have developed many unique settlements between current and prior owners of contaminated sites. We have been instrumental in fashioning precedent-setting strategies for providing cost-effective remedies without incurring large transaction costs in Superfund actions. Our experience includes federal CERCLA sites, state equivalents, private sites, and sites where municipalities and the federal government are involved as potentially responsible parties.

We also handle the siting and permitting of pollution control facilities (solid waste, mixed waste, recycling, and waste-to-energy) and manufacturing sites, as well as the attendant hearings and appeals thereof. These hearings involve expert witnesses and multiple parties in what are almost always hotly contested proceedings.

In addition, our attorneys often represent clients in enforcement actions, both civil and criminal, where the plaintiffs are federal authorities, state agencies, local boards, or citizens' groups. We also represent clients with respect to internal investigations, notices of violation, and noncompliance letters received with regard to matters arising under the Clean Air Act, the Clean Water Act, the Hazardous Materials Transportation Act, CERCLA, RCRA, and state equivalent statutes.