Environmental permitting issues, administrative hearing and judicial review
Advised developer of sanitary landfill on environmental permitting issues and represented developer in administrative hearing and judicial review litigation regarding nonconforming use status of sanitary landfill.
Environmental permitting issues, permit appeal litigation
Representation of developer of construction and demolition landfill in environmental permitting process, administrative hearings and permit appeal litigation, and in litigation challenging downsizing.
$49 million acquisition of 43 retail fuel and convenience stores
Representation in the $49 million acquisition of 43 retail fuel and convenience stores in north Georgia and east Tennessee.
3M Co. v. Johnson, 895 So. 2d 151 (Miss. 2005)
Obtained reversal of $125 million jury verdict in asbestos litigation.
Adkins, et al. v. ArvinMeritor, Inc. et al.
Litigation involving alleged groundwater contamination.
Alabama Oil & Gas, LLC v. Allen Rodgers, et al. CV-06-94 (Circuit Court of Pickens County, AL)
Represented the purchaser of oil and gas rights in a suit in which the landowner failed to transfer good title and alleged negligence on the part of our client. Obtained a judgment following trial for return of the entirety of the client’s funds, with interest.
Ballard v. Sherwin Williams Co., 2009 WL 753757 (M.D. Ala.)
Dismissal of benzene case for lack of prosecution.
Black Warrior Riverkeeper, Inc. v. Cherokee Mining, LLC, 637 F. Supp. 2d 983, (N.D. Ala. 2009)
In a Clean Water Act citizen suit, obtained a ruling that the federal district court lacked subject matter jurisdiction over environmental group’s claims for injunctive relief and civil penalties because those claims had been rendered moot by an administrative consent order issued by the Alabama Department of Environmental Management.
CLF; DEA Birmingham, LLC v. Jefferson County Board of Equalization, CV-07-1495; 2891 (Circuit Court of Jefferson County, AL)
Represented building owner in appeal of ad valorem taxes assumed upon commercial property. Following a two-day trial, panel of appraisers reduced the value of the property at issue by over $10,000,000, resulting in significant tax liability savings for our client.
Drummond Co. Inc. v. Walter Industries, Inc., CV-02-673 (Circuit Court of Tuscaloosa County, AL 2006)
Represented a family of companies in a lawsuit which called into question the ownership of nearly the entirety of their strip-mineable coal and alleged over $400 million in compensatory damages. When tried to a jury, the plaintiff was awarded $10, and coal ownership was restored to our client. Obtained affirmance of the trial court’s favorable rulings and judgment, but reversal of the trial court’s judgment dismissing our client’s counterclaims. Drummond Co., Inc. v. Walter Indus., Inc.,962 So. 2d 753 (Ala.2006).
Ex parte PinnOak Resources, LLC, 2009 WL 1819414 (Ala. 2009)
Mandamus petition regarding concurrent cases, including class action, alleging coal dust contamination from coal processing plant.
Prescott v. Leaf River Forest Products, Inc., 740 So. 2d 301 (Miss. 1999)
Successfully represented paper company in suits arising out of claimed dioxin contamination.
Smith v. Phillips 66 Company, et al., (Smith County Circuit Court, Jones County Miss.)
Obtained summary judgment for oilfield service company on claims of asbestos exposure arising under Mississippi products liability law.
Anniston PCB Litigation
Represents Pharmacia Corporation and Monsanto Company in connection with thousands of individual personal injury claims related to alleged exposure to polychlorinated biphenyls (PCBs) in Anniston, Ala. For the first case, five individual plaintiffs were randomly selected from among 3,000. The firm handled virtually all of the pretrial motions, which resulted in eliminating a number of the claims originally asserted. The firm also had significant trial responsibility, including all significant expert witnesses called by the plaintiff as well as most of the expert witnesses called by the defendant. The result was a defense verdict on all counts with respect to all plaintiffs. There are approximately 3,000 more cases pending.
Assisted domestic manufacturing client in complying with RoHS Directive and the WEEE Directive
Assisted domestic manufacturing client in complying with RoHS Directive and the WEEE Directive in connection with international product shipments.
Class action settlement of “bet the company” tort claims against client
Defended company in a series of 500 related tort claims when coverage was in dispute, and ultimately negotiated a class action settlement principally funded by the carriers that had disputed coverage.
Defense of Monsanto against claims of personal injury arising out of alleged exposure to PCBs
Member of a trial team that won defense verdicts for Monsanto Company against five plaintiffs claiming personal injuries arising out of alleged exposure to PCBs.
Defense of more than 220 asbestos claims
Represented a large general contractor in over 220 asbestos claims asserted against it. After three separate courts dismissed three of the claims on summary judgment, the plaintiffs dismissed the remaining claims without receiving any compensation.
Resolution of various medical malpractice claims in various state courts
Successful resolution of various medical malpractice claims in various state courts.
Sale of Multi-State Convenience Store Operator
Represented convenience store operator in sale of operations including 100+ properties and registered underground storage tanks.
Summary judgment in asbestos exposure suit
Obtained summary judgment in favor of Cooper Industries in a wrongful death, asbestos exposure lawsuit filed in Alabama state court.
E.S. Robbins Corp. v. Eastman Chemical Co., 912 F.Supp. 1476 (N.D. Ala. 1995)
Addressing CERCLA and common law liability for a supplier's chemical spills in delivering product.
Ex parte Hanna Steel Corporation et al., 905 So.2d 805 (Ala. 2004)
Supreme Court granted mandamus to change venue in action where residents brought environmental trespass action alleging that particulates discharged into the atmosphere had traveled through the atmosphere and onto residents' property.
Gamble v. PinnOak Resources, LLC, 511 F.Supp.2d 1111 (N.D. AL 2007)
Property owners brought class action against defendants allegedly involved in operation of coal preparation plant, alleging that defendants violated federal and safety regulations to the degree that they had allowed dangerous quantities of highly explosive and highly flammable materials to accumulate within the plant. Case later dismissed.
City of Graysville, et al. v. Alabama Dept. of Environmental Mgmt, Civ. Action No. 2008-901954 (Circuit Court of Jefferson County, Alabama)
Obtained summary judgment for a landfill developer against claims that the Alabama Department of Environmental Management’s (ADEM) issuance of our client’s landfill permit violated statutory and regulatory requirements. Following limited discovery, negotiations to obtain a limited initial undisputed factual record, and coordination of the defense of the case with counsel representing the State of Alabama’s interests, we prevailed by arguing that the municipal and individual plaintiffs failed to adequately participate in ADEM’s process so as to exhaust their administrative remedies. The trial court’s summary judgment was upheld on appeal by the Alabama Supreme Court.
Hicks v. National Cement (Circuit Ct. of St. Clair Co. Ala. 2000)
Settled class action regarding alleged dust from cement plant using a non-opt out, injunctive relief class.
In re Tri-State Water Rights Litigation, --- F. Supp. 2d #---, 2009 WL 23714506 (M.D. Fla. July 17, 2009)
In a matter involving disputes over interstate water rights among Alabama, Georgia, Florida, and the United States Army Corps of Engineers, obtained a ruling that the Atlanta area’s water supply system that had been in place since the 1970s violates federal law.
Legal Environmental Assistance Foundation v. E.P.A., 276 F.3d 1253 (11th Cir. 2001)
In this environmental regulatory case, the Eleventh Circuit upheld the EPA’s approval of Alabama’s underground injection control program governing hydraulic fracturing of coal. Wrote an amicus brief on behalf of the Coalbed Methane Association in the Eleventh Circuit, explaining the geology of coalbed methane extraction.
Lynn v. Amoco Oil Company, et al., 459 F.Supp.2d 1175 (M.D. Ala. 2006)
Nationwide class action against major oil companies alleging conspiracy involving leaking underground storage tanks.
McWhorter v. Cal-Maine Farms, Inc., 913 So.2d 193 (Miss. 2005)
Representation of a Fortune 100 board of directors in an alleged pollution matter.
RJR Mining Co. v. Board of Zoning Adjustment of Jefferson County, CV-08-808 (Circuit Court of Jefferson County, AL)
Represented a coal mining company in its appeal of an adverse zoning decision, obtaining reversal of the zoning body’s decision denying our client the ability to surface mine over $18 million in coal. Following trial, the court granted our client a zoning variance providing for the desired mining.
Flake v. Schrader-Bridgeport International, Inc., ArvinMeritor, Inc. et al.
Defending ArvinMeritor, Inc. and Schrader-Bridgeport International, Inc. against property damage claims relating to a failed bottling company supposedly due to trichloroethylene groundwater contamination.
Sierra Club v. Norton, 313 F.Supp.2d 1291(S.D.AL 2004)
Represented developer in defending Fish and Wildlife Service's (FWS) delay of decision to respond to petition to amend critical habitat of three closely-related endangered subspecies was discretionary, resulting in dismissal of case.
Sullivan, et al. v. Russell Corp., et al., 703 So. 2d 953 (Ala. 1997)
Defense of claims for compensatory & punitive damages relating to discharge of textile dye wastewater into Lake Martin by Russell& Avondale Mills.
United States of America, et al. v. Hunt Refining Company, CV-07-P-1777-W (N.D. AL 2007)
Negotiated Consent Decree of refiner's liability under Clean Air Act with DOJ, EPA, ADEM and MDEQ, pursuant to EPA’s Global Refinery Initiative for three facilities in Alabama and Mississippi.
United States v. Robison, 505 F.3d 1208 (11th Cir. 2007)
We successfully represented a multinational corporation before the Eleventh Circuit in an appeal of a criminal Clean Water Act conviction.
United States v. W.R. Grace, et al., (D. Mont. 2009)
Represented former President of the Construction Products Division of W. R. Grace who, with seven other defendants, was indicted with conspiracy to defraud the United States and violate the Clean Air Act. After we filed our Motion for Judgment of Acquittal, the prosecution concluded that there was insufficient evidence against the client for the case to go to the jury. On the government’s motion, a dismissal of the indictment with prejudice was granted.
The Village of Garden City v. Genesco Inc., USDC Eastern District of New York, No. 07-cv-5244
We are defending a large publicly traded company in multi-million dollar (sued for in excess of $70 million) environmental litigation against a New York water district in a lawsuit involving a superfund site with claims raised pursuant to the Comprehensive Response, Compensation, and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act (“RCRA”), and Safe Drinking Water Act (“SDWA”), as well as state law.
Webb v. Central Industries, et al. (Circuit Court of Leake County, Miss. 2008)
Obtained summary judgment for poultry company in environmental contamination case. The firm’s client was sued as the alter ego of a rendering plant in which it was a shareholder.
3M Company National Products Liability Litigation
Represented 3M Company in multidistrict litigation in federal district court in asbestos, silica, coal workers’ pneumoconiosis, and benzene litigation brought by plaintiffs who used 3M’s respiratory protection products. Cases include 3M Co. v. Johnson, in which the Mississippi Supreme Court reversed a $150 million verdict for six asbestos plaintiffs and rendered a verdict in 3M’s favor. The court held that that the plaintiffs were improperly joined for trial and that 3M was entitled to judgment notwithstanding the verdict.
Benzene Litigation for refiner of petroleum products.
Chemical Nuisance Litigation
Successfully resolved an environmental mass action involving a paint manufacturer's emissions.
Claim involving carbon black waste contamination
Represented Goodyear Tire and Rubber in a claim involving carbon black waste from a manufacturing process that picked up toxic volatiles from the air and allegedly contaminated the land around a significant landfill next to private property.
Class action lawsuit calling for medical monitoring of workplace exposure to beryllium
Successfully defended lawsuit seeking to certify a class action calling for medical monitoring of workplace exposure to beryllium. Won summary judgment in trial court, and subsequently the Mississippi Supreme Court, in a case of first impression, held that no such cause of action existed where plaintiffs have suffered no injury and are only claiming fear of future injury.
Clean Water Act Enforcement Matters
Represented numerous clients in negotiating consent decrees related to alleged violations of the Clean Water Act. Some of these matters also involved litigation of related citizen suits.
Coordinated 10-year remedial investigation and response for site in NY
Coordinated 10-year remedial investigation and response for site in New York, where a chlorinated solvent release threatens the public water supply. Negotiations are ongoing with the EPA, State and local municipality to arrive at a reasonable and effective remedy.
Defended Russell Corporation in a lawsuit alleging environmental contamination of a local lake
Successfully defended Russell Corporation before the Supreme Court of Alabama in a lawsuit alleging environmental contamination of a local lake.
Defended two oil companies involving claims of chemical exposure
Successfully defended Shell Oil Company and Ashland Oil in a six-week jury trial involving claims of exposure to hexane, xylene, methylethylketone, and several other chemicals.
Development and Implementation of Customer Communication Strategy
Represented chemical manufacturer in all communications with customers regarding chemical content of product.
Dispute to enforce indemnification addressing property contamination
Represent manufacturer of small pressure vessels in dispute to enforce indemnification given by prior owner for addressing solvent contamination of property.
Dust Nuisance Litigation
Successfully resolved an environmental class action involving a cement manufacturer's dust emissions.
Steve was lead counsel for the President of a W.R. Grace Division in 2009 in what the EPA described as one of the most important, if not, the most important environmental criminal case ever brought. The defendants vigorously contested hundreds of legal issues pre-trial over a 4 year period in the District of Montana with the Court issuing over thirty published opinions and several of his rulings were appealed to the 9th Circuit resulting in two panel decisions and one en banc opinion before the case eventually went to trial. The case involved many novel theories of prosecution and after ten weeks of trial, following many motions in limine that were filed and granted, much of the irrelevant and highly prejudicial evidence was excluded. The government’s case against our client literally collapsed, leaving the government very little choice but to dismiss all charges against him, which they did on April 27, 2009.
Environmental due diligence for acquisition
Assisted with environmental due diligence for privately-held investment company acquiring a landfill site in Missouri and oversaw efforts to pursue applicable permits from State.
Environmental issues in bank banch acquisitions
Represented bank on environmental issues related to branch acquisitions throughout the United States. Also advised a bank in connection with the sale of approximately 100 branch location.
Groundwater pollution case
Represented a manufacturer in a groundwater pollution case and successfully obtained a bad faith ruling against a recalcitrant carrier which resulted in payment of defense costs and significant indemnity contribution.
Mississippi welding rod litigation
Represented Caterpillar Inc. in welding fume product liability claims brought by thousands of Mississippi plaintiffs. Successfully defended against plaintiffs’ novel theories of civil accomplice liability, resulting in voluntary dismissal of all claims against Caterpillar.
Negotiation of Waste Disposal Agreements
Represented publicly traded, global chemical company in negotiating hazardous and solid waste disposal/transportation agreements throughout the United States.
Administrative Permit Appeal
Successfully represented a manufacturing client in a permit appeal before the Alabama Environmental Management Commission resulting in the Commission upholding the permit.
Product Stewardship Issues
Worked with client in connection with development of product stewardship guidance manual on Hydrogen Fluoride (HF) by the HF Panel of the American Chemistry Council.
RCRA Enforcement Matter
Advised plating company in negotiating consent decree with state regulatory agency in connection with alleged violations of RCRA.
Represent clients regarding Superfund and site cleanup
Regularly represent owners, operators, and generators at both single-party and multi-party sites regarding Superfund and site cleanup. Bradley attorneys have represented PRP groups, individual PRPs, and multiple PRPs presenting common issues, such as de minimis parties, and site remediation companies hired for site cleanup. Sites include:
Representation of numerous clients regarding asbestos exposure
Represented numerous clients in claims regarding asbestos exposure, including U.S. Gypsum, Pneumo Abex, Monsanto, Engelhard, Pfizer, Bayer, Bridgestone/Firestone, Hill Brothers, Uniroyal Goodrich, Laurel Machine & Foundry, Standard Roofing Company, Riley Stuart Company, J.K. Johnson Mechanical Contractors, Neles-Jamesbury, Oilfield Service & Supply Company, TRECO, and Irex.
Represented convenience store operator in sale of operations
Represented convenience store operator in sale of operations including more than 100 properties and registered underground storage tanks.
Represented Georgia-Pacific Corporation and subsidiaries in dioxin contamination cases
Represented Georgia-Pacific Corporation and subsidiaries including Leaf River Forest Products in numerous property damage and personal injury cases including Prescott v. Leaf River Forest Products, Inc. and Herrington v. Leaf River Forest Products, Inc. Summary judgment was affirmed for our clients in dioxin contamination cases brought by residents against pulp mill owners.
Represented oil companies in a putative nationwide class action involving underground storage tank litigation
Represented Chevron, BP Exploration, and Amoco Oil Company in a putative nationwide class action in the U.S. District Court for the Middle District of Alabama involving underground storage tank litigation. Obtained summary judgment on conspiracy count, and remainder of case was voluntarily dismissed.
Represented paint manufacturer
Represented paint manufacturer in multiplaintiff action for alleged personal injuries resulting from air emissions.
Condere v. Pirelli Tire
Defended indemnification action relating to tire plant in Vicksburg, MS, for groundwater contamination.
Represented PRPs at Superfund sites in NY, NC and TN
Represented PRPs at Superfund sites in New York, North Carolina and Tennessee. Negotiated with EPA as member of joint defense groups to reach monetary settlement.
Representation in proceedings in connection with several CERCLA Superfund sites including litigation against insurance carriers
Represented client in proceedings in connection with several CERCLA Superfund sites including litigation against insurance carriers.
Summary judgment in subsidence action
Summary judgment for Alabama coal mine in mining subsidence action.
US EPA CERCLA (Superfund) Investigation
Assisted oil and gas client in response to US EPA CERCLA (Superfund) investigation relating to historic community-wide contamination.
Representation of clients in CERCLA (Superfund) Investigation
Representation of two clients in a CERCLA (Superfund) Investigation, including multiple responses to Section 104(e) investigation letters, involving the Chemetco Superfund Site (The Chemico Metals Corporation facility), which operated as a secondary copper smelting facility on 41 acres of land near Hartford, Illinois.
Waste Water Customer for Indemnification
Obtained dismissal of municipality in a third-party complaint filed by an independent waste water treatment facility for indemnification for the treatment facility's regulatory violations.
White v. Oak Grove Resources, LLC, 2011 WL 6272357 (Ala. 2011)
Obtained a significant victory for the operator of the Concord Coal Preparation Plant by getting a final dismissal of a class action that had been pending since 1997 after an evidentiary hearing challenging the same.
Defended Anadarko Petroleum in Endangered Species Act
Successfully defended Anadarko Petroleum in endangered species act and national environmental policy act challenge in the Southern District of Alabama to the lease of property from the United States in the Gulf of Mexico immediately post-Deepwater Horizon event for the purpose of oil exploration. Case dismissed on appeal to Eleventh Circuit.
Represented Defense Contractor
Represented defense contractor in connection with an incident which occurred at Naval Air Station in California, and the subsequent sale of the company with pending issues regarding liability to the US Government for cleanup.
Cement Manufacturer Responding to an EPA Region IX Investigation
Representation of cement manufacturer in responding to an EPA Region IX Investigation regarding compliance with the New Source Review and Prevention of Significant Deterioration requirements promulgated under the authority of the Clean Air Act, 42 U.S.C. §§7401-7671q
Representation of pharmaceutical manufacturer in workplace exposure investigation
Representation of pharmaceutical manufacturer in workplace exposure investigation.