Litigation
Environmental Litigation and Mass Tort
Gibson Dunn’s Environmental Litigation and Mass Tort Practice Group is synonymous with success in high-stakes environmental and mass tort litigation and enforcement defense.
A deep bench of partners repeatedly recognized by Chambers for their significant knowledge and expertise, creativity and pragmatic advice
Tier 1 for Environment: Litigation
– Legal 500 U.S.
Tier 1 for Environment: Litigation – Climate Change Litigation
– Legal 500 U.S.
Unparalleled experience in defending significant enforcement actions and mass tort litigation
Overview
Gibson Dunn has represented clients in the environmental and mass tort area for more than 30 years.
Our Environmental Litigation and Mass Tort Practice Group provides sophisticated counsel on the complete range of environmental and mass tort litigation matters, federal and state enforcement actions, transactional support and environmental due diligence, and regulatory compliance.
We excel in “bet the company” matters that involve catastrophic environmental disasters, enterprise-threatening exposure, and ground-breaking theories of liability. We have won significant environmental litigation and mass tort actions for a number of the largest corporations in the world. In so doing, we have carved a niche at the top of the environmental litigation market by crafting effective and efficient strategies to position litigation disputes for trial victories, decisive wins on dispositive motions, favorable settlements, and positive appellate decisions.
A truly a full-service practice, we also provide clients with environmental diligence, compliance counseling, and regulatory advice in numerous significant matters and transactions, on issues ranging from Superfund liability to air and water quality permitting obligations. Our lawyers work seamlessly with other Gibson Dunn practice groups, including the White Collar, Energy Regulatory, and Appellate groups, to maximize the firm’s knowledge base and experience.
We defend against:
- Complex and multi-plaintiff mass tort matters in the United States as well as those arising overseas;
- Significant government civil and criminal environmental enforcement actions by the U.S. Department of Justice, U.S. Environmental Protection Agency, and state counterparts; and
- Climate change litigation in multiple jurisdictions.
“Gibson Dunn & Crutcher is our go-to litigation firm for matters that have high reputation impact potential.”
Chambers USA, client quote
Experience
Recent representations include:
- Daimler AG and Mercedes-Benz USA: Successfully negotiated a $1.5 billion settlement for Daimler AG and Mercedes-Benz USA with U.S. regulatory agencies over diesel emissions issues, with the Department of Justice closing its probe without criminal charges against Mercedes, and a parallel nationwide class settlement with consumers.
- Multinational Oil Company: Achieved a complete victory for a multinational oil company in a $1.797 billion civil lawsuit in Indonesia by securing a full dismissal of the plaintiff’s claims and costs of litigation, with subsequent affirmations on appeal and successful dismissals of related follow-on actions.
- Delta Air Lines: Defending Delta in a novel mass tort action alleging that airborne emissions associated with flight operations have caused personal injuries and property damages to a class of individuals living within five miles of the Seattle airport.
- eBay Inc.: Defending eBay Inc. in an unprecedented enforcement action and litigation by the DOJ and U.S. EPA alleging violations of multiple environmental statutes due to eBay’s role as an online marketplace.
- Daimler AG and Mercedes-Benz USA, LLC: Secured dismissal with prejudice of an anti-tampering lawsuit against Daimler AG and Mercedes-Benz USA, LLC brought by the Environmental Protection Commission of Hillsborough County Florida (unanimously affirmed on appeal by the U.S. Court of Appeals for the Eleventh Circuit, upholding the district court’s dismissal).
- International Paper: Successfully defended International Paper in multiple PFAS-related lawsuits, leading to the dismissal of a putative class action and a mass action, and securing a complete dismissal with prejudice of a subsequent case involving personal injury and property damage claims.
- Matador Resources Company: Successfully defended Matador Resources Company in a pioneering joint civil enforcement action by the U.S. EPA and the State of New Mexico, resulting in a consent decree with innovative injunctive relief terms, a favorable penalty, and significant investments in environmental improvements and local community projects.
- Marathon Petroleum: Led the negotiation of a settlement resolving an enforcement action against Marathon Petroleum’s predecessor, enabling the transformation of the Martinez Refinery into a renewable fuels plant, with the Western District of Texas approving the settlement, and also previously negotiated a consent decree covering company-wide refining operations.
- Alliance for Automotive Innovation: Assisted Alliance for Automotive Innovation in drafting extensive comments on the EPA’s proposed multi-pollutant emissions standards for 2027 and later vehicles, leading to a final rule in March 2024 that incorporated several modifications consistent with our comments.
- Various Coffee Industry Companies: Secured a significant victory for Nestlé USA, Starbucks, J.M. Smucker Company, The Kraft Heinz Company, Keurig Dr. Pepper, and over 50 other coffee industry members in a long-running Proposition 65 lawsuit by successfully challenging the need for cancer warnings on coffee products and defending against claims for attorneys’ fees and expert costs, with the California Supreme Court denying further review and final judgment entered for the defendants.
- General Dynamics Electric Boat: Secured a favorable settlement for General Dynamics Electric Boat under CERCLA, with the U.S. agreeing to cover 75% of the $80 million remediation costs for their Quonset Point Facility, and the client being allowed to submit costs as allowable overhead on government contracts.
- Northrop Grumman: Defended Northrop Grumman in a class-action lawsuit over groundwater contamination by securing a court ruling that CERCLA preemption barred the plaintiffs’ claims, leading to a favorable early settlement and avoiding a major potential class action.
- Chevron: Defending Chevron Corporation against a broad wave of climate litigation filed by various jurisdictions across the U.S., successfully obtaining a dismissal in City of New York v. BP P.L.C. and managing ongoing cases, including petitions to the U.S. Supreme Court and other pre-discovery matters.
- The Boeing Company: Secured complete dismissal with prejudice for The Boeing Company based on the pleadings in over 50 cases formally coordinated in California state court asserting wildfire claims and damages stemming from the November 2018 Woolsey Fire in Southern California, and defending ruling on appeal.