Environmental Disputes & Litigation
Although we pride ourselves on being able to solve environmental problems through negotiation, when talks fail, KGL´s lawyers stand ready to litigate to protect their client´s interests. We are actively engaged in both defense and plaintiff representations. We have had substantial experience in toxic torts, citizens suits, cost recovery cases, regulatory enforcement actions, environmental insurance coverage claims, and a variety of other common law and statutory matters. We can assist not only in litigation, but in what is frequently the more important phase of pre-litigation negotiation and counseling that can often head off such litigation before it saps unnecessary resources. Indeed, we believe that liability management, long before the claims ever arise, is too frequently overlooked, leading to needless expense and loss of corporate good will.
In major cases, we often recommend a multi-disciplinary, team-based approach, especially where toxic tort or property damage litigation is a realistic possibility. While the correct approach will always depend upon the particular circumstances of a given matter, we often recommend involving public relations and government affairs teams, and may go so far as to recommend other, more innovative techniques, including technical assistance grants to local community organizations, use of "community advisory groups," and alternative methods of dispute resolution, all designed to keep the path of litigation in line with the client´s overarching goals.
Likewise, in cost recovery and other forms of claims by responsible parties, we have had great success with various forms of alternative dispute resolution methods, notably "early neutral evaluation" and "mediated settlement" to invoke a form of case assessment by neutral parties early enough in the proceeding to resolve unnecessary (and expensive) disagreements, focusing instead on legitimate areas of disagreement.
If, despite best efforts otherwise, it comes to litigation, we have substantial litigation experience within KGL itself and, where the resources of a larger firm are necessary, we have access to litigation support through a wide variety of other firms upon whom we can call, or we can work closely with your current outside litigation counsel.
In major cases, we often recommend a multi-disciplinary, team-based approach, especially where toxic tort or property damage litigation is a realistic possibility. While the correct approach will always depend upon the particular circumstances of a given matter, we often recommend involving public relations and government affairs teams, and may go so far as to recommend other, more innovative techniques, including technical assistance grants to local community organizations, use of "community advisory groups," and alternative methods of dispute resolution, all designed to keep the path of litigation in line with the client´s overarching goals.
Likewise, in cost recovery and other forms of claims by responsible parties, we have had great success with various forms of alternative dispute resolution methods, notably "early neutral evaluation" and "mediated settlement" to invoke a form of case assessment by neutral parties early enough in the proceeding to resolve unnecessary (and expensive) disagreements, focusing instead on legitimate areas of disagreement.
If, despite best efforts otherwise, it comes to litigation, we have substantial litigation experience within KGL itself and, where the resources of a larger firm are necessary, we have access to litigation support through a wide variety of other firms upon whom we can call, or we can work closely with your current outside litigation counsel.