Efficient & Effective Litigators
Marten attorneys get clients the results they need. We have successfully litigated a wide range of environmental and energy matters. Our lawyers have also resolved issues in mediation, arbitration, and other forms of alternative dispute resolution.
We know how to litigate complex scientific and regulatory issues in multiparty litigation. We work closely with our client’s internal leaders to engage skilled consulting and testifying experts, marshal and present sophisticated fact sets, and prepare sound legal arguments to persuade judges and juries. We regularly represent clients pursuing or responding to private party claims under federal and state environmental laws, defending enforcement and other regulatory actions, and managing internal investigations. Our representation spans all federal and state trial and appellate courts, as well as specialized administrative tribunals nationwide.
Our team includes private practitioners as well as former U.S. Department of Justice lawyers handling civil and criminal environmental enforcement matters on behalf of EPA, DOI, and other federal agencies; and former officials in and lawyers for the White House and EPA. We have decades of substantial experience advocating under the laws that directly impact your clients.
Our environmental litigation attorneys complement their trial advocacy skills with a proven ability to effectively engage in alternative dispute resolution, when appropriate. We are confident and aggressive negotiators. We have successfully negotiated, independently or through mediation, favorable settlements in manifold “bet the company” matters.
Federal environmental statutory regimes and state counterparts in which our lawyers are well-versed include: cost recovery and contribution actions under CERCLA and MTCA and other state analogues; permitting and injunctive relief under RCRA; permitting under NEPA, SEPA, state growth and shoreline management acts, and equivalent acts; defending against Clean Water Act citizen suits; challenging agency rulemakings under the Magnuson-Stevens Act, Endangered Species Act and Administrative Procedures Act; ensuring Endangered Species Act compliance while securing development permits; pursuing Federal Tort Claims Act claims against the government, particularly the U.S. Department of Defense; and a range of others.
This broad substantive knowledge, combined with years of actual courtroom experience, including complex, months-long trials, allows Marten to provide unmatched representation in a range of high-stakes matters. Through this work, we facilitate effective and sustainable economic growth—of your business, family, city, county, water utility, and organization—within today’s regulatory environment.
Capabilities:
- Appeals
- Arbitration and mediation
- Bald and Golden Eagle Protection Act and Lacey Act compliance advice and defense
- Citizen suit defense
- Clean Water Act permitting and defense
- Commercial, real estate and land use litigation
- Compliance counseling and advice
- Cost recovery and contribution actions
- Defense of enforcement actions
- Emerging contaminant litigation (i.e., PFAS): product liability, tort, Federal Tort Claims Act, CERCLA, RCRA, CWA, state analogues, and additional causes of action
- Endangered Species Act permits, authorizations, and defensive representation
- FERC proceedings
- Magnuson-Stevens Act authorizations and claims
- Natural resource damage litigation
- Permitting appeals and enforcement
- Trials
