Environmental Litigation
Stites & Harbison has a long history of toxic tort and environmental litigation. In the early 1970s, Johns-Manville Corporation selected the late Lively Wilson, a well-known trial lawyer, to defend the growing threat of asbestos litigation. Our firm tried many of Johns-Manville's subsequent cases across the country, and to this day we continue to defend against asbestos claims of all kinds.
This tradition of hard work and technical insight is why Stites & Harbison provides risk management and litigation defense to many industrial, manufacturing, chemical, coatings, and other companies. We combine interdisciplinary teams of attorneys, many with technical backgrounds, from the firm's business litigation, class action, construction, environmental, complex insurance coverage, and products liability groups. We have defended serial lawsuits, mass torts, class actions, and other high-stakes litigation and have addressed toxic pollutants in every pathway, including indoor and outdoor air, surface water, and ground water.
We have advised clients on matters related to a broad variety of products and processes, including:
Acid Mine Drainage | Mold |
Ammonia | Oleum |
Asbestos | Paints |
Benzene | PCBs |
Chromated Copper Arsenate | Pentachlorophenol |
Creosote | Phenol Formaldehyde |
Cyanide | Trichloroethylene |
Fuming Sulfuric Acid | Vinyl Chloride |
Landfill Leachate | Welding Fumes |
Lead | Xylene |
Stites & Harbison was an active member of the DuPont Network for more than 15 years, until the network recently dissolved. As a DuPont Primary Law Firm, we represented DuPont's interests in environmental and toxic tort actions as well as other claims involving various products.
Significant Representations:
- Won summary judgment for a Fortune 500 company in a multi-million dollar environmental remediation lawsuit by arguing that an assumption of liabilities agreement compelled a successor company to pay all environmental permitting and clean-up costs at the site.
- Favorably settled a mold contamination case on behalf of a general contractor following several rulings on motions for summary judgment, which included the dismissal of plaintiff’s negligence and punitive damages claim.
- Currently advising an insurer in a coverage matter for nuisance claims involving noise and coal dust from mining operations.
- Provided defense of than 2,500 claims brought by individuals alleging exposure to silica and/or coal dust.
- Defending a lead-based battery manufacturer from contract workers’ claims alleging injuries caused by on-the-job lead exposure.
- Successfully resolved a citizen suit alleging releases of hazardous substances and air pollutants from animal agricultural operations.
- Obtained numerous orders requiring product identification and/or causation evidence from plaintiffs prior to general discovery on liability and damages in cases involving exposure to benzene, oleum, toluene, and xylene.
- Successfully dismissed a dozen state court cases alleging exposure and injury from welding fumes following hearing on a Rule 12 motion to dismiss the complaints for failure to state a claim.
- Provide ongoing representation of an asbestos-related, complex insurance coverage matter involving policies spanning decades.
- Won summary judgment in several asbestos cases based on the government contractor defense, and many more where we argued that plaintiffs could not prove exposure.
- Helped companies favorably resolve actions by federal, state, and local enforcement agencies as well as personal injury/wrongful death/property damage claims due to industrial accidents and subsequent chemical releases.
- Assisted two large bourbon distilleries with immediate response actions and negotiations with state and federal enforcement agencies after warehouse fires released hundreds of thousands of gallons of bourbon into adjoining waters.
22nd Annual Kentucky Environmental Conference
Embassy Suites by Hilton, Lexington/UK Coldstream, 1801 Newtown Pike, Lexington, Kentucky 40511
Jennifer Cave and Ken Gish will be speakers at this year's Kentucky Chamber of Commerce 22nd Annual Kentucky Environmental Conference to be held March 26-27 in Lexington, Ky.
Jennifer Cave Appointed Chair of Stites & Harbison's Environmental, Energy & Sustainability Service Group
LOUISVILLE, Ky. —Stites & Harbison, PLLC is pleased to announce that attorney Jennifer J. Cave has been appointed Chair of the firm’s Environmental, Energy & Sustainability Service Group.
Kentucky Begins Implementation and Possible Expansion of Medical Cannabis Program
Governor Andy Beshear began his second term by announcing significant progress towards the full implementation of the Kentucky Medical Cannabis Program (KMCP), Senate Bill 47. The KMCP legalized marijuana for medicinal use in the Commonwealth for qualifying patients with a qualifying medical condition. By law, the program goes into effect on January 1, 2025. Jennifer Cave takes a look at what this means in this Stites & Harbison Client Alert.
Stites & Harbison Welcomes Back Ken Gish to the Lexington Office
LEXINGTON, Ky.—Stites & Harbison, PLLC welcomes back attorney Ken Gish to the firm’s Lexington, Ky., office. He rejoins the firm as a Member (Partner) in the Environmental, Natural Resources and Energy Service Group and the Business & Finance Service Group.
Governor Beshear Appoints Jenny Cave to Kentucky Horse Park Commission
LOUISVILLE, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Jennifer Cave to the Kentucky Horse Park Commission. She will serve a four-year term.
EPA Finalizes Long-Awaited PFAS Reporting Rule
Environmental attorney Jennifer Cave takes a look at the EPA's final rule for the reporting and record-keeping of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
26th Annual Kentucky Environmental Permitting and Reporting Conference
Embassy Suites by Hilton Lexington/UK Coldstream, 1801 Newtown Pike, Lexington, Ky. 40511
Environmental attorney Jennifer Cave will be a speaker at this Kentucky Chamber of Commerce event.
Significant Merchant Electric Legislative Amendments Head to Governor's Desk
Over the past several years, Kentucky, similar to other states, has received many applications for industrial-scale solar generation and energy storage facilities in rural areas across the Commonwealth. Up to this point in time, seeking and receiving a Certification for Construction from the Kentucky State Board on Electric Generation and Transmission ("Siting Board") followed a framework developed before recent commercial interest in large-scale solar development arose in Kentucky. Attorney Bill Gorton takes a look at the issues and concerns that have arisen.