Environmental & Tort Litigation

Firm attorneys handle a variety of environmental matters, including litigation involving Delaware and federal environmental laws and regulations.  The Litigation Group defends clients in connection with civil enforcement proceedings, both judicial and administrative, and provides representation in connection with government investigations including negotiation of consent orders or other types of settlements for alleged violations of environmental laws prior to the commencement of litigation.  The Group also represents clients in actions to recover costs for the cleanup of contaminated sites under federal and state “superfund” laws, and under insurance policies and other contracts.

Morris Nichols advises clients on a wide range of environmental issues in business transactions as well. We handled the environmental aspects of the acquisition and reorganization of Delaware’s largest seaport, the acquisition of two commercial airports by a regional transportation authority and the purchase of an electric power plant by a multinational corporation. We advise clients on compliance with air, water, solid waste and land use regulations, including complex issues involving the 1990 amendments to the Clean Air Act and Delaware’s Coastal Zone Act. The Firm handles all types of permitting matters, including air, water and hazardous waste, and advises clients on environmental reporting requirements. We have drafted environmental legislation on behalf of clients for introduction into the Delaware General Assembly.

The Firm is proud of its efforts in assisting clients to pioneer the use of Delaware’s new Voluntary Cleanup Program, which is designed to encourage and facilitate the rapid, cost-effective cleanup and reuse of contaminated facilities. Firm attorneys are involved in a number of legal and scientific professional organizations addressing environmental issues, including the Delaware Chapter of the Academy of Certified Hazardous Materials Managers and committees of the Delaware and American Bar Associations.

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