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Litigation Risk

We evaluate the strengths and vulnerabilities of pro and con technical positions, develop litigation risk matrices and propose strategies to strengthen weaker areas and ensure success in strong areas.

Civil Enforcement Litigation
EcoShelf has conducted in depth evaluations of defenses to environmental civil enforcement litigation at both the state and federal levels and across all major regulatory and permitting programs. We have successfully reduced the amount of the penalties or demands for expenditures on remedial measures in every case we have worked on. Some of our cases have involved the following issues in an effort to guide, settle or litigate decisions, and to develop the appropriate
  • Determination of the number of days of violations alleged in matters involving discharges of pollutants based on careful review of the operations, permit limits and associated data, particularly in cases involving non-continuous exceedences,
  • Assessments of gravity component of potential penalties that can be assessed in a matter,
  • Collection and compilation of capital expenditure data and development of client and activity specific models and calculations for economic benefit allegedly resulting from noncompliance, and
  • Applicability of case law, guidance, basis and background documents and policy to factual circumstances presented by the matter.
Private Party Litigation
Ecoshelf has experience in applying our capabilities in law and science to evaluation of the controversies and uncertainty that confront parties as they contemplate litigation, or during negotiations to resolve existing or contemplated litigation. We have advised on a wide range of issues, including, e.g., cause and effect relationships in environmental, toxic torts and breach of contract matters, cost recovery for environmental site remediation, infringement analysis in intellectual property matters, and deal negotiations for appropriate risk and indemnification provisions.

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