Natural Resources

Our work has included advice on issues related to the development of unconventional sources of energy, such as the Marcellus Shale in New York and Pennsylvania, including issues with the potential impact of the development of these resources on surface and groundwater. We have advised clients on issues relating to hydraulic fracturing, which involves pumping fluids into a well at a high-enough pressure to create fractures that will enhance oil and gas recovery and have represented clients in the U.S. Supreme Court in connection with efforts to regulate hydraulic fracturing under the federal Safe Drinking Water Act.

We have experience with claims for damages to natural resources under the Comprehensive Environmental, Response, Compensation and Liability Act. In 2008 we handled a case that involved more than $3.5 billion dollars in Natural Resource Damages (NRD) claims in multiple states. In most NRD cases, we attempt to pursue reasonable settlements, but we are also prepared to litigate if necessary.

Our proven record extends to other areas of natural resources law, including:

• Superfund settlements in actions brought by the U.S. Department of Justice and the Texas Attorney General’s Office for natural resource damages. Clients rely on us to defend against EPA and state claims and negotiate cost-effective and appropriate cleanups with federal and state governments at single and multi-party state and federal Superfund sites across the country.
• Assisting energy companies and developers in complying with the Endangered Species Act and other wildlife laws in connection with the construction and operation of energy developments.
• Our lawyers routinely handle NEPA review and comprehensive environmental permitting for applications before the Federal Energy Regulatory Commission (Natural Gas Act applications), U.S. Minerals Management Service (Outer Continental Shelf Lands Act applications), U.S. Coast Guard (Deepwater Port Act applications), U.S. Army Corps of Engineers (Sections 404/10 applications), U.S. Fish and Wildlife Service and other agencies.
• We have represented project developers in many Endangered Species Act (ESA) cases and have experience briefing the Supreme Court on ESA issues.
• We have represented associations and local governments in the U.S. Court of Appeals challenging the constitutional authority of Fish and Wildlife Service (FWS) to impose restrictions on private parties. We have represented landowners in litigation in federal district court challenging the designation of critical habitat for a number of species that inhabit vernal pools. We have filed amicus briefs on behalf of clients in the U.S. Supreme Court in several cases arising under the ESA.
• We advise energy companies and trade groups concerning hydraulic fracturing/well stimulation requirements imposed by government. We have also been involved in regulatory proceedings involving oil and gas production, particularly in regards to environmental and safety requirements of the Energy Policy Act of 2005.
• We have experience representing energy trade groups in LEAF v. EPA in connection with the application of Underground Injection Control requirements under the federal Safe Drinking Water Act.