Environmental

Anchored by Louise Roselle, a former attorney at the Environmental Protection Agency and a recent recipient of the prestigious award for National Trial Lawyer of the Year in Environmental Litigation, the environmental practice group at Markovits, Stock & DeMarco is uniquely equipped to assist clients in connection with the often extraordinarily complicated prospect of environmental litigation.

The attorneys at Markovits, Stock and DeMarco have been at the forefront of a number of nationally-recognized litigation matters related to local, state, regional, and federal environmental laws (e.g., CAA, CWA, CERCLA, EPCRA, FIFRA, RCRA, TSCA).

Federal environmental and workers’ litigation includes the following:

  • Fernald Residents’ case – U.S. District Court, So. Dist. Of Ohio, Western Division – Co-Lead Trial Counsel. This case involved the offsite residents of the Feed Materials Production Center in Fernald Ohio.  Fernald was one of the production facilities in the Department of Energy’s Weapon Complex.  This case was concluded by settlement after summary jury trial in 1989.
  • Fernald Workers’ case – U.S. District Court, So. Dist. of Ohio, Western Division – Co-Lead Trial Counsel. This case involved the workers at the Feed Materials Production Center in Fernald Ohio.  Fernald was one of the production facilities in the Department of Energy’s Weapon Complex.  This case was concluded by settlement after a statute of limitations jury trial.
  • Rocky Flats Residents’ case – U.S. District Court, Colorado – Co-Lead Trial Counsel. This case involved the offsite residents of Rocky Flats.  Rocky Flats was one of the production facilities in the Department of Energy’s Nuclear Weapons Production Complex.  There was a judgment of $926 million.  The case was appealed in the Tenth Circuit Court of Appeals and reversed.
  • Boughton v. Cotter Corp. – U.S. District Court, Colorado – Counsel. This case involved the offsite residents of the Cotter Corporation’s uranium mill located in Canon City, Colorado.  After a four-week trial and appeal, this case was settled in 1996.
  • Hanford – U.S. District Court, Eastern Div. of Washington – Lead Counsel.  This case involving 1,600 offsite residents of the Hanford facility.  Hanford was one of the production facilities in the Department of Energy’s Nuclear Weapons Production Complex.  The matter is pending.  The first six individual cases were tried in April 2005.  There were two plaintiffs’ verdicts and four defense verdicts.  The Ninth Circuit reversed three of the four defense verdicts and remanded to the trial court.  Defendants filed a Motion for Writ of Certiorari to the U.S. Supreme Court, which was denied.  The case is back in the District Court with more jury trials scheduled.
  • James Stepp, et al. v. Monsanto Research Corp., et al., United States District Court for the Southern District of Ohio, Western Division.  Litigation for offsite residents.  The matter has been settled.  Monsanto was one of the production facilities in the Department of Energy’s Nuclear Weapons Production Complex.
  • Teresa Boggs, et al. v. Divested Atomic Corporation, et al., United States District Court for the Southern District of Ohio, Western Division.  Litigation for offsite residents.  The matter is settled.  Divested Atomic was one of the production facilities in the Department of Energy’s Nuclear Weapons Production Complex.

State Court environmental and worker toxic substance exposure litigation includes the following:

  • Lankford v. Cooper Industries – Lead Trial Counsel.  Residents of Dayhoit, KY exposed to offsite contamination brought this action in the Harlan Circuit Court, Harlan, KY against Cooper Industries.  The residents claimed that Cooper Industries released TCE and PCBs into the air and water.  This case was settled in 2002.
  • Brush Wellman worker cases –Lead Trial Counsel.  Approximately 30 workers at Brush Wellman facilities in Ohio brought claims against Brush Wellman intentionally exposed the workers to dangerous levels of beryllium. The workers brought the actions in the Cuyahoga County Court of Common Pleas in Ohio.  Most of these cases settled in 2002.
  • BASF explosion– Co-Lead Trial Counsel.  Residents near a BASF manufacturing facility in Cincinnati, OH brought a class action after the facility exploded.  We also represented injured workers.  These cases settled in 1993.
  • Albright & Wilson explosion – Co-Lead Trial Attorney.  Residents and businesses affected by an explosion at an Albright & Wilson plant in Charleston, S.C. brought an action damages.  After extensive discovery and motion practice, this case settled in 1999.
  • Three Rivers Board of Education v. INEOS ABS (USA) Corp. and LANXESS  –.  On December 5, 2005, the Director of the Ohio EPA contacted the Superintendent of the Three Rivers Board of Education, and advised that air monitors on Meredith Hitchens Elementary School had revealed that two chemicals from the LANXESS Corporation’s plastics plant across the street were drifting over the school at levels that made the risk of cancer fifty times higher than what the state considers acceptable.  Suit was filed in the Court of Common Pleas of Hamilton Court of Common Pleas.  The case was settled in June 2010.