Wheeler Trigg O'Donnell lawyers have represented oil and gas, mining, energy, chemical, engineering, and manufacturing companies in environmental litigation cases in federal and state courts throughout the country. We have tried numerous lawsuits involving alleged breaches of environmental warranties and insurance issues associated with environmental contamination liabilities, toxic torts, wrongful death, medical monitoring, and personal injury.

WTO trial attorneys have special expertise in addressing claims of future medical monitoring due to our extensive experience dealing with medical issues associated with claims of toxic environmental exposure. Oftentimes, these claims are ripe for dispositive motions given the inherent speculative and tenuous causal links alleged by plaintiffs. Through our personal injury defense and medical malpractice defense practices, we have developed a broad network of medical experts to assist in defending these claims.

WTO's clients often require legal assistance at the onset of a crisis in anticipation of tort and commercial claims. WTO lawyers are prepared to respond immediately to client emergencies to help avoid or mitigate legal liability. Our skills go beyond the defense of individual lawsuits and include pre-suit emergency response and crisis management; evidence preservation; early resolution of claims; coordination with related litigation (e.g., product liability and insurance actions); coordination with regulatory investigations; coordination with legislative investigations; coordination of nationwide discovery; electronic discovery operations; media relations; supervision of local counsel; retention of expert witnesses; factual investigation; settlement negotiations; class actions; and trials and appeals.

WTO lawyers know the complex federal and state statutes and regulations at the heart of environmental cases as well as the science associated with regulated substances. We understand the technical aspects of environmental law and have broad experience translating scientific and technical concepts to lay jurors, judges, and arbitrators. Several WTO attorneys have formal education in the sciences, and many have in-depth knowledge acquired from consulting with independent technical and scientific experts. We are able to communicate with engineers, scientists and other outside experts, and to develop persuasive briefs and evidentiary presentations, in the areas that matter most to companies operating in the natural environment.

Below is a sample of representative environmental litigation cases WTO lawyers have handled.

Environmental Contamination

• Handled a fracking case filed in Denver District Court for a major oil and gas producer.
• Tried major groundwater contamination case in southwest Colorado and northwest New Mexico in which plaintiffs alleged that the client's gas production operations had contaminated their domestic water supplies.
• Tried to a defense verdict a groundwater contamination case brought by the Town of Castle Rock, Colorado regarding claims that client contaminated the municipal drinking water supply.
• Led underground storage tank litigation team that successfully tried one case to verdict and handled approximately 12 other cases.
• Represented a major oil and gas company in a toxic tort claim arising from leaking underground storage tanks.
• Handled four arbitrations in cost-sharing disputes over environmental clean-up at gasoline refinery in Denver.
• Tried a six-week class-action jury trial in Denver District Court involving allegations of heavy metals contamination in the area surrounding client's refinery.
• Handled a variety of toxic tort cases involving multiple claimants, including acting as lead trial counsel for the defense group in Colorado's Lowry Landfill Superfund litigation.
• Successfully represented a pesticide manufacturer in a toxic tort case brought in Nevada.

Toxic Torts

• Have tried to verdict over 40 cases involving claims of personal injury and death from exposure to asbestos in jurisdictions across the country.
• As national counsel to a major pharmaceutical manufacturer, have handled numerous product liability cases involving complex issues of medical causation and the admissibility of medical experts' testimony.
• Handled a wrongful death case brought against one of North America's largest natural gas producers.
• Litigated cases involving exposure to heavy metals in vaccine preservatives.
• Defended an international manufacturing company against claims brought by NATO soldiers for cancer-causing exposure to ionizing radiation from missile systems used during the Cold War. All 40 cases were settled approximately for what would have amounted to two months' worth of defense costs.

Environmental Insurance

• The U.S. Supreme Court rejected a mine operator's request to review a ruling by the 10th Circuit Court of Appeals. The U.S. District Court and the Tenth Circuit Court had ruled for WTO's client, a geo-environmental consulting company, in a case of first impression under CERCLA. In the first federal appellate decision to address the issue, the Tenth Circuit held that the tort law collateral source rule is inapplicable in a contribution action under CERCLA. The holding precluded the plaintiff, the operator of the now-closed Summitville Colorado gold mine, from recovering millions of dollars from WTO's client for costs already paid by the insurance company for the clean-up of the plaintiff's mining operation.
• Have extensive experience handling insurance coverage matters involving property and casualty claims for major insurance carriers.