Subpractices
- Administrative Actions and Appeals
- Contract and Common Law Claims
- Cost Recovery, Superfund, Natural Resource Damages and Citizen Suits
- Insurance Coverage Claims on Behalf of Policyholders
- Real Estate Litigation and Land Use Hearings
- Special Counsel to Municipalities and Public Agencies for Environmental Litigation
- Storage Tank Litigation
- Toxic Tort Defense and Class Action Suits
Environmental litigation comes in many shapes and sizes. At MGKF, our environmental litigators handle cases in state and federal court, as well as arbitrations, mediations, and agency appeals, for a diverse client base ranging from large multi-national and Fortune 100 companies to smaller businesses, municipalities, and individuals. Our corporate clients alone come from a variety of sectors including manufacturing, chemical, petroleum, banking, real estate development, transportation, waste disposal, and resource recovery. We can tailor our representation to suit the needs of large and small, public and private clients with varying goals and objectives. Our litigators also have the benefit of drawing upon the services of our in-house technical consultants and our non-litigation environmental practitioners for their experience and knowledge.
MGKF's wide range of environmental litigation experience enables us to hit the ground running on issues we have handled before, and to efficiently and effectively develop creative and novel strategies in new and emerging areas of the law. Finally, our litigators are frequently called upon to evaluate and resolve environmental claims prior to the initiation of litigation.
Our environmental litigation practice has traditionally encompassed the following areas:
- Administrative Actions and Appeals
- Contract and Common Law Claims
- Cost Recovery, Superfund, Natural Resource Damages and Citizen Suits
- Insurance Coverage Claims on Behalf of Policyholders
- Real Estate Litigation and Land Use Hearings
- Special Counsel to Municipalities and Public Agencies for Environmental Litigation
- Storage Tank Litigation
- Toxic Tort Defense and Class Action Suits
Our experience and the depth of our team make us a smart choice for handling your environmental litigation matters.
Photo © ER09 | istockphoto.com
A few examples of our environmental litigation experience includes:
- Administrative Actions and Appeals: Challenging multiple EPA rulemaking actions, including challenges to EPA’s Clean Air Mercury Rule and Clean Air Interstate Rule in the U.S. Court of Appeals for the D.C. Circuit, and a challenge to an EPA-promulgated Total Maximum Daily Load ("TMDL") for PCBs in the Delaware Estuary.
The firm is also representing a national railroad in a highly publicized enforcement and civil penalty action brought by the Commonwealth of Pennsylvania arising from a release and fish kill in northwestern Pennsylvania.
- Contract and Common Law Claims: Defending subsidiaries of Tenneco, Inc. as both trial and appellate counsel in action brought by group of parties remediating a contaminated site in New Jersey; plaintiffs asserted statutory claims under the New Jersey Spill Act and common law contract claims; achieved successful summary judgment dismissal of statutory New Jersey Spill Act claims; proceeded to bench trial on remaining contract claims, and received judgment of no cause of action and dismissal of all remaining claims; successful defense of appeal before the New Jersey Superior Court, Appellate Division, which affirmed trial court judgment (AGIP USA Inc. et al., v. The Pullman Company et al., Union County, Dkt. No. L-3530-10, Appellate Div. Dkt. No. A-0173-16T1, 2020 WL 1908509, at *1 (N.J. Super. Ct. App. Div. Apr. 20, 2020))
Representing the seller of an incinerator facility in Illinois in a contract dispute with the buyer, which resulted in a substantial arbitration recovery for the seller in a case where the buyer had claimed damages.
Additionally, defending a Fortune 500 company in a complex contract dispute involving an easement agreement for the construction of a subsurface stormwater line, which the plaintiff alleged was the cause of a sinkhole that ultimately swallowed a restaurant building.
Also representing a national environmental consulting firm in a breach of contract action arising out of the discovery of live WWII munitions on the plaintiff’s property, causing the local municipality to issue an emergency order shutting down the property. - Cost Recovery, Superfund, Natural Resource Damages and Citizen Suits: Serving as lead counsel in one of the first multiple-party Superfund matters to be litigated through the allocation phase to judgment.
MGKF is also representing multiple clients in complex cost recovery litigation involving several hundred third-party defendants and relating to the remediation of contaminated sediment in the Lower Passaic River and adjacent water bodies in New Jersey.
Additionally, the firm is representing the National Solid Waste Management Association in amicus briefing before the United States Supreme Court on successor liability issues under CERCLA. - Insurance Coverage: Representing an industrial client to recover costs associated with a long-term, multimillion dollar remediation of solvent contamination from a leaking underground storage tank used in industrial processes over a 20-year period. (UTI Corp. v. Fireman's Fund Ins. Co., 896 F. Supp. 362 (D.N.J. 1995) (in a case of first impression, holding that an insurer may be estopped by its conduct from enforcing a policy provision that excluded coverage for all but “sudden and accidental” releases)).
- Real Estate Litigation and Land Use Hearings: Defending an international manufacturer of industrial inks in litigation alleging real property damage following closure of a manufacturing facility.
The firm also has experience representing a national grocery wholesaler and multiple national and regional grocery retailers in significant real estate, contract and tort litigation. - Special Counsel to Municipalities and Public Agencies for Environmental Litigation: Defending a public utility against a class action filed in state court seeking environmental testing, remediation, and medical monitoring of over 12,000 residences for an alleged “threatened release” of mercury during the removal of gas pressure regulators.
Also representing a school district in a private cost-recovery litigation in connection with an oil spill at an elementary school, resulting in investigation and remediation costs in excess of $1 million. - Storage Tank Litigation: Representing a client in one of the leading cases with a reported decision involving Pennsylvania's statutory presumption of liability under the Pennsylvania Storage Tank and Spill Prevention Act. (Wack v. Farmland Industries, Inc., 744 A.2d 265 (Pa. Super. Ct. 1999)).
Additionally representing a client in tank litigation who was not the owner of a tank, but was allegedly responsible for ancillary equipment that was claimed to have failed, resulting in a release. This representation was successfully resolved for the client years before the case concluded for many of the other parties. - Toxic Tort Defense and Class Action Suits: Defending a large manufacturing client in all litigation in Pennsylvania involving toxic tort claims, both individual claims and class actions, arising from alleged exposures to hazardous substances emitted into the ambient air from manufacturing activities. Reported or published decisions include: Sheridan v. NKG Metals Corp., 609 F.3d 239 (3d Cir. 2010) (affirming summary judgment in medical monitoring class actions against representatives of two classes - residents for ambient air exposures and employees for occupational exposures); Pohl v. NGK Metals Corp., 2007 Pa. Super. 306, 936 A.2d 43 (Pa. Super. Ct. 2007) (granting summary judgment against plaintiffs in medical monitoring claim upon showing that scientific evidence showed exposure to beryllium emissions did not create a significantly increased risk of contracting a serious latent disease); Vitalo v. Cabot Corp., 399 F.3d 536 (3d Cir. 2005) (granting summary judgment because undisputed facts established that plaintiff failed as a matter of law to exercise reasonable diligence to discover his chronic lung condition, and claim was barred by the statute of limitations); Sheridan v. Cabot Corp., No. 02-1212, 2003 WL 22999256 (E.D. Pa. 2003) (granting summary judgment because plaintiff diagnosed with lung disease failed to present evidence of impairment associated with that illness), aff'd, No. 03-1984, 113 F. Appx 444, 2004 WL 2360990 (3d Cir. 2004).
Press Releases
- January 19, 2021
- January 5, 2021
- October 23, 2020
- October 20, 2020MGKF Partners Play Key Roles on Committee
- September 22, 2020
- September 15, 2020
- August 4, 2020
- July 21, 2020
- June 8, 2020Gotanda, McCabe, Moshang and Schiller Included in Top 50 Women Pennsylvania Listing
- January 6, 2020
- October 3, 2019
- September 23, 2019
- July 16, 2019
- May 16, 2019
- January 7, 2019
- October 18, 2018
- August 15, 201814 Manko, Gold, Katcher & Fox Attorneys Included in Best Lawyers 2019
- July 19, 2018
- June 28, 2018
- June 18, 2018
- April 26, 2018
- February 12, 2018
- December 11, 2017
- October 9, 2017
- August 15, 2017
- Manko, Gold, Katcher & Fox Attorneys Campbell and Silva Recognized as 2017 Lawyers on the Fast TrackMay 4, 2017
- April 20, 2017
- March 31, 2017
- September 27, 2016
- September 22, 2016
- August 16, 2016
- July 19, 2016
- May 16, 2016
- Schiller Panelist for “Challenges on the Litigation Side of Superfund” at ABA Superfund Master ClassMay 3, 2016
- Kaplan Panelist for “Protecting the Company and Client: Agency Inspections and Criminal Prosecution”April 21, 2016A DRI Webinar
- February 4, 2016
- November 3, 2015
- October 19, 2015
- August 13, 2015
- July 30, 2015
- May 4, 2015
- April 9, 2015
- March 12, 2015
- February 9, 2015
- January 21, 2015
- November 4, 2014
- June 19, 2014An American Law Institute CLE (ALI-CLE) webinar
- March 5, 2014Divisibility or Section 113 Equitable Contribution - A CLE Webinar
- November 18, 2013"Leveraging Recent Court Decisions" a CLE Webinar
- June 17, 2013
- April 11, 2013
- March 21, 2013
- November 30, 2012
- September 4, 2012
- May 29, 2012
Seminars & Speaking Engagements
- June 24, 2017part of the 2017 NJ Environmental Law Forum presented by the NJSBA Environmental Law Section and NJICLE
- September 22, 2016
- June 15, 2016ABA Section of Environment, Energy and Resources' Superfund Master Class
- June 7, 2016an ABA webinar
- April 21, 2016a DRI webinar
- November 9, 2015
- January 21, 2015A Strafford CLE webinar program
- July 14, 2014an ALI-CLE webinar
- December 11, 2013Reducing Liability Amid Uncertainty and Absent Clear Guidance
- May 13, 2013
- December 8, 2012
- April 4, 2012
- January 26, 2011
- December 9, 2010
- November 4, 2010Dealing with Claims and Discovery Issues
Media Coverage
- May 19, 2020Law360
- January 27, 2020Law360
- October 15, 2019for the ABA Section of Environment, Energy, and Resources
- September 24, 2019Law360
- May 2, 2017Energy Intelligence's Natural Gas Week
Special Alerts
- January 12, 2021
- January 11, 2021
- January 11, 2021
- January 11, 2021
- March 28, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 21, 2020
- January 14, 2019
- January 14, 2019
- January 14, 2019
- January 14, 2019
- August 6, 2018
- December 21, 2017
- April 17, 2017
- January 23, 2017
- January 22, 2017
- January 22, 2017
- September 29, 2016
- August 18, 2015
- February 3, 2015
- July 3, 2014
- November 11, 2013
- July 31, 2013
- July 9, 2013
- March 22, 2012
- October 10, 2011
- October 2, 2011
- February 25, 2011
- August 8, 2010
- August 8, 2010
- August 8, 2010
- May 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- January 8, 2010
- December 8, 2009
- December 8, 2009
- December 8, 2009
- December 8, 2009
- December 8, 2009
- November 8, 2009
- September 8, 2009
- September 8, 2009
- September 8, 2009
- September 8, 2009
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- May 8, 2009
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- May 6, 2009
- April 2, 2009
- January 8, 2009
- January 8, 2009
- January 8, 2009
- January 8, 2009
- November 16, 2008
- November 9, 2008
- September 8, 2008
- August 16, 2008
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- April 16, 2008
- January 16, 2008
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- November 16, 2007
- November 16, 2007
- November 16, 2007
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- May 16, 2007
- January 16, 2007
- January 16, 2007
- January 16, 2006
- January 16, 2006
Articles
- December 23, 2020MGKF Litigation Blog
- December 8, 2020MGKF Litigation Blog
- November 26, 2020MGKF Litigation Blog
- November 13, 2020The Legal Intelligencer
- November 5, 2020Law360
- November 2, 2020MGKF Litigation Blog
- October 26, 2020MGKF Litigation Blog
- October 22, 2020MGKF Litigation Blog
- September 23, 2020MGKF Litigation Blog
- September 16, 2020MGKF Litigation Blog
- September 14, 2020MGKF Litigation Blog
- September 3, 2020MGKF Litigation Blog
- August 18, 2020MGKF Litigation Blog
- August 10, 2020MGKF Litigation Blog
- August 7, 2020MGKF Litigation Blog
- August 4, 2020MGKF Litigation Blog
- July 28, 20202020 Natural Resources & Environment by the American Bar Association
- July 27, 2020MGKF Litigation Blog
- July 20, 2020MGKF Litigation Blog
- July 14, 2020MGKF Litigation Blog
- July 6, 2020MGKF Litigation Blog
- June 16, 2020MGKF Litigation Blog
- June 1, 2020MGKF Litigation Blog
- May 22, 2020MGKF Litigation Blog
- May 11, 2020MGKF Litigation Blog
- April 23, 2020MGKF Litigation Blog
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- April 17, 2020MGKF Litigation Blog
- April 15, 2020MGKF Litigation Blog
- April 1, 2020MGKF Litigation Blog
- March 26, 2020MGKF Litigation Blog
- March 11, 2020MGKF Litigation Blog
- March 3, 2020MGKF Litigation Blog
- February 28, 2020The Legal Intelligencer
- February 24, 2020MGKF Litigation Blog
- February 14, 2020MGKF Litigation Blog
- February 3, 2020MGKF Litigation Blog
- January 27, 2020MGKF Litigation Blog
- January 21, 2020MGKF Litigation Blog
- January 9, 2020MGKF Litigation Blog
- December 30, 2019MGKF Litigation Blog
- December 23, 2019MGKF Litigation Blog
- November 26, 2019MGKF Litigation Blog
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- November 4, 2019MGKF Litigation Blog
- October 28, 2019MGKF Litigation Blog
- October 14, 2019MGKF Litigation Blog
- October 3, 2019MGKF Litigation Blog
- October 3, 2019The Legal Intelligencer
- September 17, 2019MGKF Litigation Blog
- September 12, 2019MGKF Litigation Blog
- September 12, 2019MGKF Litigation Blog
- August 16, 2019MGKF Litigation Blog
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- March 18, 2019MGKF Litigation Blog
- March 7, 2019MGKF Litigation Blog
- March 5, 2019MGKF Litigation Blog
- February 26, 2019The Legal Intelligencer
- February 11, 2019MGKF Litigation Blog
- February 7, 2019MGKF Litigation Blog
- January 29, 2019MGKF Litigation Blog
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- December 10, 2018MGKF Litigation Blog
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- November 1, 2018MGKF Litigation Blog
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- March 1, 2018MGKF Litigation Blog
- February 27, 2018The Legal Intelligencer
- February 2, 2018MGKF Litigation Blog
- February 1, 2018MGKF Litigation Blog
- January 24, 2018MGKF Litigation Blog
- January 22, 2018MGKF Litigation Blog
- January 11, 2018The Legal Intelligencer
- December 21, 2017MGKF Litigation Blog
- December 19, 2017MGKF Litigation Blog
- November 16, 2017The Legal Intelligencer
- November 13, 2017MGKF Litigation Blog
- October 24, 2017MGKF Litigation Blog
- October 23, 2017Law360
- October 16, 2017MGKF Litigation Blog
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- May 15, 2017MGKF Litigation Blog
- May 12, 2017The Legal Intelligencer
- May 1, 2017MGKF Litigation Blog
- April 26, 2017MGKF Litigation Blog
- April 24, 2017MGKF Litigation Blog
- March 30, 2017MGKF Litigation Blog
- March 29, 2017MGKF Litigation Blog
- March 10, 2017MGKF Litigation Blog
- February 28, 2017The Legal Intelligencer
- February 16, 2017MGKF Litigation Blog
- February 10, 2017MGKF Litigation Blog
- February 6, 2017MGKF Litigation Blog
- January 12, 2017MGKF Litigation Blog
- January 9, 2017MGKF Litigation Blog
- December 15, 2016MGKF Litigation Blog
- November 3, 2016The Claims As Pled Were Time-BarredMGKF Litigation Blog
- November 2, 2016MGKF Litigation Blog
- October 31, 2016MGKF Litigation Blog
- October 25, 2016MGKF Litigation Blog
- October 25, 2016MGKF Litigation Blog
- October 17, 2016MGKF Litigation Blog
- October 4, 2016MGKF Litigation Blog
- September 11, 2016MGKF Litigation Blog
- September 6, 2016MGKF Litigation Blog
- September 1, 2016MGKF Litigation Blog
- August 29, 2016MGKF Litigation Blog
- August 17, 2016MGKF Litigation Blog
- July 28, 2016MGKF Litigation Blog
- July 26, 2016MGKF Litigation Blog
- July 26, 2016The Legal Intelligencer
- June 8, 2016MGKF Litigation Blog
- June 2, 2016MGKF Litigation Blog
- May 12, 2016MGKF Litigation Blog
- April 28, 2016MGKF Litigation Blog
- April 20, 2016MGKF Litigation Blog
- March 14, 2016Applicable Statute of Limitations is Triggered on the First Day of a Continued Permitting ViolationMGKF Litigation Blog
- March 7, 2016North Carolina Statute of Repose Is No Bar To SuitMGKF Litigation Blog
- March 1, 2016MGKF Litigation Blog
- February 25, 2016ABA Section of Environment, Energy and ResourcesSuperfund and Natural Resource Damages Litigation Committee Regional Update
- February 1, 2016MGKF Litigation Blog
- February 1, 2016MGKF Litigation Blog
- December 21, 2015MGKF Litigation Blog
- November 25, 2015ABA Section of Environment, Energy and ResourcesSuperfund and Natural Resource Damages Litigation Committee Regional Update
- November 23, 2015MGKF Litigation Blog
- November 18, 2015MGKF Litigation Blog
- November 3, 2015MGKF Litigation Blog
- October 20, 2015MGKF Litigation Blog
- October 12, 2015MGKF Litigation Blog
- October 2, 2015MGKF Litigation Blog
- September 23, 2015MGKF Litigation Blog
- September 17, 2015MGKF Litigation Blog
- August 19, 2015MGKF Litigation Blog
- August 11, 2015MGKF Litigation Blog
- August 3, 2015MGKF Litigation Blog
- July 27, 2015In-House Counsel Committee NewsletterABA Section of Environment, Energy and Resources Newsletter
- June 15, 2015The Legal Intelligencer
- May 11, 2015MGKF Litigation Blog
- January 29, 2015MGKF Litigation Blog
- January 26, 2015MGKF Litigation Blog
- January 9, 2015The Legal Intelligencer
- August 11, 2014MGKF Litigation Blog
- July 23, 2014MGKF Litigation Blog
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- June 9, 2014MGKF Litigation Blog
- April 1, 2014MGKF Litigation Blog
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- December 23, 2013MGKF Litigation Blog
- December 19, 2013MGKF Litigation Blog
- October 18, 2013MGKF Litigation Blog
- September 13, 2013The Legal Intelligencer
- August 26, 2013MGKF Litigation Blog
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- August 22, 2013MGKF Litigation Blog
- August 21, 2013MGKF Litigation Blog
- August 19, 2013MGKF Litigation Blog
- August 7, 2013MGKF Litigation Blog
- March 19, 2013The Legal Intelligencer
- November 8, 2012Association of Corporate Counsel's "Green-house Counsel" - Top Ten
- August 2, 2012Association of Corporate Counsel's "Green-house Counsel"
- May 17, 2012Association of Corporate Counsel's "Green-house Counsel"
- April 16, 2012Association of Corporate Counsel's "Green-house Counsel"