Representative Environmental Cases
Endangered Species Act: $27 Million Judgment for Taking of Water Rights
Marzulla Law successfully represented a group of California water districts in a claim for the unconstitutional taking of their water rights. The court awarded $27 million in damages and attorney’s fees.
Tulare Lake Basin Water Storage Dist. V. United States, 61 Fed. Cl. 624 (2004).
Environmental Permitting: Defense of Multi-Billion Dollar Taking Suit Against State of Florida
Marzulla Law successfully defended the State of Florida in trial and on appeal an $8 billion suit filed by an offshore oil lessee after the state refused to issue it an oil exploration permit on environmental grounds. National Law Journal named the case its “Defense Verdict of the Month.”
Coastal Petroleum Co. v. State of Florida, Dept. of Environmental Protection, 864 So.2d 402 (Fla. Dist. Ct. App. 2003) (table decision).
NEPA: Restraining Order and Stop Work Order Reversed Allowing Completion of 227-unit Apartment Building
Marzulla Law successfully represented a District of Columbia construction company in a suit brought by an environmental group on NEPA grounds, enabling it to complete construction of a 227-unit apartment building in Washington. The project had been halted by a temporary restraining order issued by the court on NEPA grounds, and a Stop Work Order issued by the city, both of which were reversed, allowing completion of the project.
Friends of Tilden Park, Inc. v. District of Columbia, 806 A.2d 1201 (D.C. 2002).
Wetlands: Government Drops Wetland Prosecution on Eve of Trial
Marzulla Law successfully defended Michigan residents in a test case brought to prohibit 200 beachfront homeowners from grooming and maintaining their beaches. Following depositions of the government’s witnesses, on the eve of trial, the government admitted that it could not prove the case and dismissed it.
United States v. Kincaid, Case No. 02-CV-10149 (E. D. Mich. 2003).
Wetland Delineation, permitting and Compliance
Marzulla Law has successfully represented numerous clients in all phases of wetland jurisdictional determination, delineation, permitting and compliance, including housing and commercial developments, golf courses and resorts.
Endangered Species Permits and HCP’s
Marzulla Law has successfully represented developers, public agencies, natural resource companies and others in all aspects of endangered species permitting, including Habitat Conservation Plans and Incidental Take Permits, as well as compliance and enforcement issues arising from endangered species listings. We have also litigated listing and critical habitat issues, biological opinions and “reasonable and prudent alternatives.”
Other representative cases our lawyers have handled:
• Successfully represented Texas plastics manufacturer in Clean Water Act prosecution.
• Successfully formed environmental services subsidiary of California Aerospace Corporation to perform cleanup at nuclear weapons facilities.
• Successfully represented another government nuclear contractor in contract dispute over fees and cost of Colorado hazardous waste cleanup.
• Successfully represented Washington industry trade association in obtaining EPA approval of products under FIFRA and TOSCA.
• Successfully represented South Carolina chemical manufacturer in defending federal Clean Air Act suit involving hazardous air pollutants at multiple facilities.
• Successfully represented Illinois alternative fuel manufacturer in Clean Air Act legislative effort.
• Successfully negotiated settlement of Tennessee environmental crimes prosecution involving hazardous waste disposal.
• Successfully completed environmental audits and due diligence for large corporate transactions involving asbestos, PCB’s, and many other hazardous substances.
• Successfully represented Russian circus in issues arising under international treaties including CITES and Bio-Diversity.
• Successfully represented Texas asbestos removal contractor in $2 million EPA suit for alleged Clean Air Act violations involving asbestos.
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