Environmental Litigation & Enforcement

Cozen O’Connor is a renown trial firm with decades of experience in environmental litigation and enforcement. We handle complex disputes and successfully litigate industry-defining cases. Whether defending a novel permit, responding to a government investigation, or seeking a high-value recovery, Cozen O’Connor is efficient, responsive, strategic, and tenacious.

The team has deep collective governmental experience that it leverages in every engagement. Our roster boasts several former senior enforcement attorneys with the U.S. Environmental Protection Agency (EPA), including the  former Regional Counsel for the Mid-Atlantic Region, and is chaired by the former Special Assistant to the EPA’s Director of Civil Enforcement. Having worked on both sides of the table, Cozen O’Connor attorneys understand agency processes, constraints, and priorities.

Cozen O’Connor’s Environmental Litigation team represents clients in matters concerning all major federal and state environmental laws: Clean Air Act, Clean Water Act, CERCLA and SARA, Endangered Species Act, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act, and the Safe Drinking Water Act, among others.

Administrative Litigation

Attorneys litigate state and federal permit appeals, agency enforcement actions, and administrative rule challenges before the EPA, state environmental protection agencies, environmental hearing boards, and in other sophisticated administrative forums.

Civil Enforcement Defense

Cozen O’Connor guides client through government investigations, conducts internal investigations, and performs comprehensive audits, all with an eye toward achieving compliance and limiting exposure. Our experienced trial lawyers also defend clients in high-stakes state and federal civil actions with potential liability in the millions of dollars.

Private Party & Citizen Suit Litigation

The firm represents plaintiffs and defendants in cost recovery actions and in personal injury and property damage claims. We also handle the increasing amount of litigation brought by citizens or environmental advocacy groups seeking damages and injunctive relief for alleged environmental violations that regulators failed to enforce.

Appellate Litigation

Our team has extensive appellate capabilities and is often engaged to respond to lower court decisions in environmental litigation. Our attorneys are also adept at Natural Gas Act litigation in which the Federal Circuit Court of Appeals typically has original jurisdiction.

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Experience

Publications

Businesses Using PFAS Chemicals Now Subject to TRI Reporting and Greater Scrutiny

December 01, 2020

Pete Fontaine and Marcia Mulkey discuss the EPA's Toxic Release Inventory reports required for 172 PFOS and PFOA compounds.

Choosing Safe & Effective Disinfection in the Post-COVID-19-World

June 01, 2020

Pete Fontaine partnered with Aramark to provide owners and operators of commercial and institutional facilities with insight into the important differences in SARS-CoV-2 disinfection methods for interior spaces.

EPA Issues New CERCLA Guidance on Liability Protections for Current/Potential Impacted Site Owners [Alert]

September 09, 2019

If you’re back to work navigating the complexities of cleaning up a brownfields site, you’re in luck. The EPA issued an update to “Enforcement Discretion Guidance” for enforcement personnel as it relates to liability protections under the 2002 Brownfields Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

PFAS and Public Water Supply in Pennsylvania: Challenges & Opportunities [Alert]

May 20, 2019

Peter Fontaine, Michael Klein, and Marcia Mulkey discuss the Pennsylvania Department of Environmental Protection's tracking approximately 19 sites with known contamination with PFOA and PFOS and its PFAS sampling plan, targeting 300 public water supplies with elevated potential for contamination and testing for six PFAS compounds

D.C. Circuit Upholds Strict One-Year Deadline for State Waivers of Water Quality Certifications [Alert]

January 30, 2019

Amorie Hummel discusses the decision in Hoopa Valley Tribe v. FERC and why those with Section 401 permits lingering should consider whether the agency’s review has been waived or whether a discussion with the state agency regarding the one-year timeline may be beneficial for the project.

Events & Seminars

Past Events

PFAS Regulatory Landscape Update

March 29, 2023 - Lexington, Virginia

In The News

Cozen O’Connor Promotes 23 Attorneys to Member

March 15, 2024

“This is a group of terrific lawyers across many offices and practices areas and we look forward to following their achievements,” said Executive Chairman and Chief Executive Officer Michael J. Heller.

We Don’t Have Time for Climate Misinformation

February 15, 2024

Peter Fontaine discusses the criticism climate change scientists are subjected to by opponents in a New York Times guest essay co-authored by Dr. Michael Mann, a professor in the Department of Earth and Environmental Science at the University of Pennsylvania.

Cozen O’Connor Secures Victory for Climate-Change Scientist Dr. Michael Mann in Decade-Long Defamation Case; Jury Awards Over $1 Million in Punitive Damages

February 08, 2024

Dr. Michael Mann is a prominent climate scientist who sued an adjunct scholar with the Competitive Enterprise Institute (CEI) and a TV/radio personality who wrote for the National Review.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Grid Hurdles Can't Be Overlooked In US Offshore Wind Push

May 09, 2022

James Van Orden is quoted in a Law360 article that discusses concerns regarding the long-term addition of offshore wind. Experts express that the US grid may not be prepared for what is to come and emphasizes the importance of taking action to accelerate transmission development as the number of turbines in the water continues to increase.

Alison Lecker Named To Philadelphia Business Journal’s 40 Under 40 List

April 21, 2022

Cozen O’Connor is pleased to announce that Alison Lecker, member of the firm’s Environmental Law Practice, has been named to Philadelphia Business Journal’s 40 Under 40 list.

Eight Cozen O’Connor Attorneys Recognized as 2022 Southern California Super Lawyers

January 20, 2022

Super Lawyers has named eight Cozen O'Connor attorneys to its 2022 Southern California Super Lawyers list.

Biden’s Clean Energy Push Has Wind Industry Thinking Big

February 10, 2021

James Van Orden was quoted in Law360 on the implications of the Biden administration’s executive order, which doubles offshore wind power generation in U.S. federal waters by 2030.

Environmental Lawyer Serves Clients at the Intersection

January 01, 2021

Peter Fontaine, chair of Cozen O'Connor's Environmental Practice, was interviewed by Of Counsel to discuss the practice, his career, most significant cases, and his likes and dislikes about the legal profession.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Gets “A” Grade on the 2020 Law Firm Climate Change Scorecard

October 06, 2020

To receive an A grade, Cozen O’Connor met the criteria for an A grade in either litigation, transactions, or lobbying and has no lobbying nor transactional work on behalf of the fossil fuel industry and no cases exacerbating climate change.

Nine Cozen O’Connor Attorneys Recognized as 2020 Southern California Super Lawyers

January 15, 2020

Super Lawyers has named nine Cozen O'Connor attorneys to its 2020 Southern California Super Lawyers.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Contacts

Peter J. Fontaine

Chair, Environmental

pfontaine@cozen.com

(215) 665-2723

Alison Lecker

Member

alecker@cozen.com

(215) 665-6904

James F. Van Orden

Member

jvanorden@cozen.com

(215) 665-4625

People

Awards

Eight Cozen O’Connor Attorneys Recognized as 2022 Southern California Super Lawyers

January 20, 2022

Super Lawyers has named eight Cozen O'Connor attorneys to its 2022 Southern California Super Lawyers list.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Nine Cozen O’Connor Attorneys Recognized as 2020 Southern California Super Lawyers

January 15, 2020

Super Lawyers has named nine Cozen O'Connor attorneys to its 2020 Southern California Super Lawyers.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

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