NATURAL RESOURCE DAMAGE LITIGATION

The firm has developed expertise in litigating natural resources damages cases on behalf of national governments as well as state and federal trustees, with particular expertise in the Department of Energy complex, where it is estimated that over $100 billion in claims remain unprosecuted.

In this developing area of the law, the firm combines its nuclear, environmental, and federal litigation expertise with its teams of technical experts to develop unique natural resource damage assessments that serve as the predicate for litigation. The firm is able to privately finance natural resources damage assessments.

At present, the firm is representing a national government in potential litigation against another national government on a nuclear-environmental dispute, and is preparing to represent two state governments against the Department of Energy in relation to contamination at defense complex sites. Each case will claim damages of a billion dollars or more.

The firm has also developed a unique legal claim under the federal Price Anderson Act that is essentially a strict liability claim.  Mr. Malsch of the firm helped to develop the original Price Anderson statute.