Department of Justice (DOJ) – Environment and Natural Resources Division

Latham has broad experience managing enforcement actions and other environmental litigation involving the US Department of Justice.  Latham’s environmental litigators know what to expect and how to manage environmental claims. The Latham Environment, Land & Resources Practice includes former ENRD,  EPA, Department of the Interior, Energy Department, and White House alumni who may well have already worked across the table with the government lawyers handling the case. When EPA refers environmental violations against a company to the US Department of Justice, or when federal permits or approvals are challenged, Latham leverages significant skill and resources to defend major environmental enforcement and other matters, including:

• Experience defending environmental claims under every major environmental statute, including the Clean Water Act, Clean Air Act, CERCLA, RCRA, TSCA, FIFRA, Endangered Species Act, NEPA, and natural resource laws.
• Trial lawyers experienced with environmental claims who are prepared to take a case to trial in any federal court in the country
• DOJ and agency alumni who have worked extensively with DOJ and all of the federal environmental and natural resource agencies — both in the regions and Headquarters — and who understand how to negotiate a settlement that could have a long-term impact on a company’s business operations or prevail in court

Latham litigators have repeatedly defeated attempts to halt projects, and won environmental matters that proceed to trial. But short of trial, Latham lawyers can use many pre-trial opportunities to present defenses to the government and significantly narrow the scope of the government’s and other third-party environmental claims involving the government. Latham Environment, Land & Resources lawyers know how to capitalize on those opportunities; for example to efficiently and effectively negotiate a Consent Decree settlement with EPA that will not threaten the future of a business, or to prevent agency overreach and negotiate common-sense solutions that save money, provide regulatory and operational clarity for a company, and help avoid future environmental liabilities.