Representative Environmental Litigation and Non-environmental Litigation Matters

Environmental attorney Jeffrey Talbert has represented clients in Maine, Massachusetts and nationwide throughout the following environmental litigation matters:

• Lead counsel in defense of state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments, and groundwater at RCRA and Maine Uncontrolled Hazardous Substances Site. Two week state administrative hearing led to modified order requiring $100 million remedy. Case is currently on appeal. Mallinckrodt US LLC and United States Surgical Corp. v. Maine Department of Environmental Protection, (CA No. AP-2010-19) (Me Sup. Ct.).

• Lead counsel for company in defense of citizen group challenge to environmental permits associated with $60 million project.  Environmental permits were issued under Maine's Site Location of Development Act and Natural Resources Protection Act.  Environmental permits were upheld after administrative hearing.  Case is currently on appeal. Androscoggin River Alliance et al., v. Maine Board of Environmental Protection (CA No. AP -11-44) (Me Sup. Ct.).

• Lead-Counsel in major Clean Water Act case against fourth largest coal company in the United States for penalties and injunctive relief to address thousands of NPDES permit violations spanning several states. Worked with EPA to evaluate environmental compliance of coal company facilities with applicable environmental statutes. Developed case under the Clean Water Act against the parent company and numerous subsidiaries. Obtained company wide injunctive relief valued at $10 million and a $20 million penalty, which is the largest civil penalty ever paid for Clean Water Act permit violations. United States v. Massey Energy, (CA No. 90-5-1-1-08470) (S.D. W. Va.).

• Co-counsel in first Clean Air Act case brought pursuant to EPA's Pulp & Paper Initiative under the federal New Source Review Program. First phase of this case involved a week-long trial in Maryland U.S. District Court regarding the availability of Best Available Control Technology for alleged violations of EPA's Prevention of Significant Deterioration Program. United States v. Westvaco Corp., (CA-MJG 00-CU-2602) (D. Md.).

• Co-counsel representing the U.S. Department of Interior in civil action to recover natural resource damages for harm to Rocky Mountain National Park in Colorado. Case settlement obtained on eve of trial for the largest natural resource damages recovery to date under the Park Services Resource Protection Act (United States v. Water Supply and Storage Company). United States v. Water Supply & Storage Co., et al., (CA No. 06-cv-01728-REB-MJW) (D. Colo.).

• Lead and Co-counsel in several natural resource damages cases under CERCLA including
representation of a large oil company in state lead natural resource damage case, representation of the Department of Interior in settlement negotiations of natural resource damages from mercury in the South River in Virginia, and representation of the Department of Interior in settlement negotiations of natural resource damages at Palmerton Site in Pennsylvania.

• Lead and Co-counsel in several Superfund and RCRA Sites across the nation including: United States v. Thoro Products Co., (CA No. 04-M-2330) (D. Colo.) (Rocky Flats Industrial Park Site); United States v. Highview Gardens, Inc., (CA No. 2109-cv-02827-PD) (E.D. Pa.); United States v. Wellsford, (CA No. 054158) (E.D. Pa.); Taylor Borough Superfund Site in Pennsylvania; American Drum and Pallet Site in Tennessee; Beede Waste Oil Site in New Hampshire; Beede Site Group v. Federal Home Mortgage Corp., et al. (CA No. 1:09-cv-00370) (D.N.H.).  

• Co-counsel in Clean Water Act case against sanitary sewer district serving 1.6 million people to obtain penalties and injunctive relief for hundreds of sanitary sewer overflows. United States v. Hampton Roads Sanitation Dist, (CA No. 2:09cv481). (E.D. Va.).

• Lead-counsel in EPA multi-media investigations of mining and pharmaceutical facilities pursuant to the Clean Air Act, Clean Water Act, RCRA, EPCRA, TSCA.

• Co-counsel in successful defense of a major antitrust action brought by U.S. Federal Trade Commission against pharmaceutical manufacturers relating to settlement of patent litigation. After 40-day trial, won defense verdict. Defended private class actions in Multi-District Litigation. In the Matter of Schering-Plough, et al., (FTC Docket No. 9297).

• Co-counsel in successful defense of various Asian rubber-thread manufacturers against civil allegations of price-fixing in violation of U.S. antitrust laws. Succeeded in defeating $100 million civil class action, winning jury verdict. Dee-K Enterprises, Inc. v. Heveafil SDN. BHD, (CA No. 01-1894) (W.D.N.C.).

• Co-counsel in successful defense of major Saudi bank alleged to have financially supported terrorism. Won pre-trial dismissal of $1 billion claim. Thomas Burnett, Sr., et al v. Al Baraka Investment & Development Corporation, et al., (CA No. 02-1616(JR) (D.D.C.).

• Co-counsel defending against major antitrust action brought by Department of Justice. In two-week trial, successfully refuted allegations of territorial allocation among competitors in paper industry. United States v. UPM-Kymmene, OYJ, et al., (CA No. 03C2528) (N.D. Ill.).

• Co-counsel defending shipping company accused of conspiratorial conduct. Stolt-Nielsen, et al. v. United States, (CA No. 04-cv-00537) (E.D. Pa.).

• Co-counsel defending Discovery Channel in defense of intellectual property. The Learning Network v. Discovery Communicators, (CA-00-2565-MJG) (D. Md.).

• Counsel defending litigated merger challenge in SunGard/Comdisco and reaching a negotiated solution to a potential merger challenge in Metso/Svedala. United States v. Sungard Data Systems, Inc., (CA No. 01-2196(ESH) (D.D.C.)