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Environmental

Overview

Anderson Kill wrote the book on obtaining coverage dollars to protect the environment.

“Going green,” however, means much more than funding cleanups from insurance proceeds. Our Environmental Law Group is uniquely positioned to provide many environmental law services beyond our renowned coverage work.

As a full-service law firm, Anderson Kill provides comprehensive environmental legal and risk-management services, including dispute resolution, relating to real estate and corporate transactions. Our experienced attorneys regularly assist clients with a variety of routine and complex environmental regulatory and compliance and land use matters. The firm has considerable experience in CERCLA, RCRA and with Brownfields as well as with voluntary or risk-based cleanup programs. We also are experienced in implementing institutional controls and other risk-management solutions to address lingering liabilities and avoid complex indemnification obligations.

The Chair of the Group is a Civil Engineer with more than a decade of environmental litigation experience.  Our attorneys’ experience and technical backgrounds provide clients with a particular advantage when dealing with consultants and other technical experts.

Furthermore, we can assist clients in:

  • Managing environmental risks and procuring specialty coverage
  • Achieving and maintaining environmental compliance
  • Embracing environmental opportunities
  • Pursuing green initiatives and funding sources
  • Implementing clean energy initiatives
  • Toxic tort work

Whether a client seeks to make its business more energy efficient or take advantage of Brownfield recovery laws in a soft real estate market, green projects can be both environmentally and fiscally prudent. Moreover, the Gulf oil spill, earthquakes in Japan and Virginia, various severe weather events, and litigation over climate change, MTBE contamination and hydro-fracking, to name a few, underscore the need for sound environmental planning. In addition, disclosure has never been more crucial.

As local, state and federal agencies continue to provide fiscal and other incentives to protect the environment, businesses have opportunities to “go green.” Anderson Kill’s Construction Group can assist with many facets of energy-saving building construction and retrofits. Our attorneys include legal professionals who are also LEED accredited and have a wealth of practical engineering experience.

We also provide a wide range of traditional environmental services:

  • Transactional
  • Remedial
  • Regulatory
  • Workplace safety
  • Litigation/Arbitration
  • Coverage work
  • Professional liability

Anderson Kill can provide valuable up-to-date advice on emerging climate change, clean-energy and sustainability issues. Moreover, our Corporate Group can assist in making the most of government initiatives to encourage going green, including obtaining federal stimulus money and using captive insurance mechanisms to manage risk and achieve savings and tax efficiency.

Anderson Kill and its non-law firm subsidiaries are in the forefront of providing an array of environmental risk-management services including loss adjustment (AKLA), objective coverage analysis (AKIS) and more. We have been assisting policyholders for 40 years and can provide in-depth advice regarding directors and officers liability, design flaws, errors and omissions and due diligence, etc. We can also address risks associated with alternative fuels, reducing carbon footprints, e-waste and emissions, etc.

Our Databases are world renowned. We store everything, including briefing, insurance industry marketing materials and regulatory filings. Anderson Kill has one of the largest collections of environmental insurance policies in the world. We know the law and save time and money by avoiding reinvention of the wheel. Our clients get access to all of this information. Often, it’s not whether one side’s case beats those of the other side. It is preparation, experience and evidence that win cases. Gene Anderson pioneered Anderson Kill’s unique approach to coverage litigation. Our database materials can tell the full story and hold the insurance industry to its promises and past assertions.

Put the depth and breadth of our Green experience to work for you and your business.

Experience

Over $45 million in settlements with over 30 insurance companies of environmental liabilities in less than 2 1/2 years.

Settlements with all insurance companies (more than 20), recovering virtually all of Schering’s environmental cleanup costs.

Achieved a substantial settlement for a large percentage of this scap metal recycler’s damages in remediating environmental property damage and in defending itself from federal and state environmental authorities, as well as other potentially responsible parties.

The Glidden Company — represented policyholder to recover insurance for alleged environmental liabilities in multi-site, multi-insurance company action.

Events

Environmental Insurance Coverage Under CGL, Property, and D&O Policies for PFASs, ESG, NRS, CERCLA, RCRA, OPA, and Others (2023)
  • Robert M. Horkovich
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  • October 3, 2023
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How to Maximize Available Environmental Coverage and Minimize Disputes with Carriers
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  • October 28, 2016
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  • Latham & Watkins LLP, 885 Third Avenue, NY, NY 10022
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Environmental Insurance Coverage under Traditional and Specialty Policies
  • Robert M. Horkovich
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  • April 13, 2016
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  • San Diego, CA
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Environmental Insurance Coverage for NRD, CERCLA, RCRA, OPA and Other Claims (2015)
  • Robert M. Horkovich
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  • May 21, 2015
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Publications

The Use and Abuse of the Pollution Exclusion
  • Journal of Emerging Issues in Litigation
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WHO’S PICKING UP THE TAB: RECOUPMENT FOR CONTAMINATION DAMAGES UNDER NEW YORK NAVIGATION LAW
  • Law.com
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USEPA Releases PFAS Roadmap, Potentially Triggering Deep Environmental Liability
  • USEPA Releases PFAS Roadmap, Potentially Triggering Deep Environmental Liability
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MICHIGAN COURT ISSUES FIRST INSURANCE COVERAGE DECISION REGARDING COVID-19 BUSINESS INTERRUPTION
  • New Jersey Alert
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COURTS ADDRESS ALL SUMS COVERAGE ALLOCATION DEBATE
  • Risk Management Magazine
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KEYSPAN, HONEYWELL AND THE PRIMACY OF CHOICE OF LAW IN ENVIRONMENTAL INSURANCE COVERAGE DISPUTES
  • Environmental Claims Journal
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HOW TO SURVIVE A LATE NOTICE CHALLENGE IN AN ENVIRONMENTAL INSURANCE COVERAGE ACTION
  • Environmental Leader
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WINNING ENVIRONMENTAL INSURANCE CLAIM TRIALS: WAS IT AN ‘ACCIDENT’ OR ‘OCCURRENCE?’
  • Environmental Leader
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THE ENVIRONMENTAL IMPACT OF HURRICANES
  • Risk Management Magazine
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THE ENVIRONMENTAL IMPACTS OF MAJOR HURRICANES: FROM SANDY TO IRMA
  • Law360
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THE BROADENING SCOPE OF POLLUTION LEGAL LIABILITY INSURANCE
  • Risk Management Magazine
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INSURANCE COMPANIES SUBROGATING AGAINST CERCLA PRPS? NINTH CIRCUIT HOLDS NO CAN DO
  • Environmental Claims Journal
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CLIMATE CHANGE AND ITS IMPACT ON THE INSURANCE INDUSTRY
  • Risk Management
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WHEN STANDARD POLLUTION INSURANCE POLICIES AREN’T ENOUGH
  • Metropolitan Corporate Counsel
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THE TALE OF TWO CASES: CLEAN-UP COVERAGE THE BEST AND WORST OF TIMES
  • Focus (Industry News)
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THE CHANGING LANDSCAPE OF LIABILITY FOR NATURAL RESOURCE DAMAGES
  • Policyholder Advisor & Alert
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SANDY’S ENVIRONMENTAL IMPACTS: CLEANUP HAS JUST BEGUN
  • Law360
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NEW YORK CITY’S “ZONE GREEN” CAN BENEFIT HOTEL OPERATORS
  • Hospitality Lawyer e-magazine
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THE TROUBLESOME TREND OF D&O, E&O POLLUTION EXCLUSIONS
  • Law360
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CURRENT TRENDS IN SITE-SPECIFIC ENVIRONMENTAL COVERAGE
  • Policyholder Advisor & Alert
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COVERAGE ISSUES HEAT UP: ARE YOU READY FOR CLIMATE CHANGE LIABILITY?
  • American Bar Association
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CITY ENACTS GREEN ZONING PROVISIONS
  • Real Estate Weekly
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AVOIDING EMERGING CLIMATE CHANGE PITFALLS: WHAT DIRECTORS AND OFFICERS NEED TO CONSIDER
  • Metropolitan Corporate Counsel
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WHAT MINE OPERATORS CAN EXPECT FROM NEW EPA INITIATIVES
  • Law360
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QUITE AN ‘OCCURRENCE’: REHEARING STEADFAST V. AES
  • Law360
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FROM TEST TUBES TO BRIEFS
  • University of Penn Alumni Magazine
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REACTION TO THE RECENT CLIMATE CHANGE INSURANCE COVERAGE DECISION BY THE VIRGINIA SUPREME COURT
  • LexisNexis Insurance Law Community
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DEFERRING TO THE EXECUTIVE BRANCH ON GLOBAL WARMING
  • Law360
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EVOLVING ENVIRONMENTAL RISKS FROM WILDER WEATHER
  • Law360
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ARGUING THE FUTURE OF CLIMATE CHANGE LITIGATION
  • Law360
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TWO KEY RULINGS PENDING IN GLOBAL WARMING SUITS
  • LexisNexis Environmental Law & Climate Change Community Blog
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BROWNFIELD REDEVELOPMENT: A NEW FUNDING ALTERNATIVE
  • Real Estate Weekly
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CLIMATE CHANGE AND THE DUTY TO DEFEND
  • Risk Management
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TRIBUTE TO GENE ANDERSON
  • Environmental Claims Journal
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COVERAGE ISSUES AFTER THE OIL STOPS FLOWING
  • Law360
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5TH CIRCUIT PUNTS ON GLOBAL WARMING CASE, PROLONGS LEGAL LIMBO
  • Environmental Protection
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PROTECTING YOUR BOTTOM LINE WHEN FACING POTENTIAL SUPERFUND LIABILITY: CRITICAL FIRST STEPS
  • Construction Industry Advisor
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GREEN-BUILDING AND RENEWABLE-ENERGY INSURANCE CLAIMS: WHERE ARE WE NOW?
  • Environmental Claims Journal
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THE COMPLEXITY OF ENVIRONMENTAL LITIGATION IN NEW JERSEY REQUIRES BOTH MIND AND MUSCLE
  • Commerce Magazine
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GLOBAL WARMING, AN EVOLVING LIABILITY YOUR COMPANY CAN SURVIVE
  • Policyholder Advisor & Alert
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IF STATES CAN SUCCESSFULLY USE THE COURTS TO ADDRESS CO2 EMISSIONS, WHAT DOES THIS MEAN FOR YOUR COMPANY AND FOR YOUR INSURANCE COMPANY?
  • LexisNexis Insurance Law Center's Blog
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ENVIRONMENTAL RISK TRENDS
  • Risk Management
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SHOOT OUT AT THE OTAY CORRAL
  • LexisNexis Insurance Law Blog
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ABSOLUTELY NOT – ABSOLUTE POLLUTION EXCLUSION SHOULDN’T APPLY TO GREENHOUSE GASES
  • riskVue
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FINDING AND PROVING LOST INSURANCE COVERAGE
  • The John Liner Review
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AVOIDING LIABILITY FOR CONTAMINATION: EPA’S NEW “ALL APPROPRIATE INQUIRY” STANDARDS
  • Construction Industry Advisor
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ZONING FOR HOSPITALS: NY CONTINUES FAVORABLE TREATMENT
  • Anderson Kill's Hospital Construction Newsletter
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MTBE: COVERAGE FOR THE PETROLEUM INDUSTRY’S “SPREADING PROBLEM”
  • Environmental Claims Journal
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BROWNFIELDS AND GREEN INSURANCE: DEVELOPING AND TRANSFERRING REAL ESTATE IN THE NEW MILLENNIUM
  • Environmental Protection
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MANAGING CONTAMINATED PROPERTY
  • Corporate Counsel
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INSURANCE COVERAGE FOR NATURAL RESOURCE DAMAGE
  • Corporate Counsel
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YOU SHOULD BE COVERED FOR NATURAL RESOURCE DAMAGES
  • New Jersey Law Journal
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FOUR THINGS EVERY REAL ESTATE PROFESSIONAL SHOULD KNOW ABOUT ENVIRONMENTAL INSURANCE
  • Construction Industry Advisor
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WHAT’S NEW IN THE REAL ESTATE FIELD(S)?
  • Construction Industry Advisor
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CLEAN-UP COST CAP INSURANCE: WAVE OF THE FUTURE OR WASHOUT?
  • Hardrock Mining Conference
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News

Justices’ Pass On Fracking Coverage Unsurprising To Attys
  • January 29, 2024
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Ninth Circuit Could Expand Reach of Insurers’ Pollution Exclusion
  • November 9, 2023
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Even If the ESG Focus Is Distorted by Political Static, Governance Should Remain Steadfast
  • September 5, 2023
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ESG Initiatives: How to Prioritize Sustainability and Avoid Legal and Financial Pitfalls
  • October 3, 2022
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Do’s and Don’ts for Dealing with Global Warming Claims
  • September 21, 2022
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Panelists Parry Environmental Liability Coverage’s Evolution
  • September 13, 2022
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Carrie Maylor DiCanio Three-peats on Benchmark Litigation’s 40 & Under Hot List
  • August 6, 2020
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Anderson Kill Shareholder Raymond A. Mascia Jr. Named a Rising Star in Insurance by Law360
  • July 7, 2020
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Calif. Justices Set Montrose’s Excess Enviro Coverage Path
  • April 6, 2020
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Law360 Names Robert M. Horkovich a 2018 MVP in Insurance Law
  • November 27, 2018
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AIG Must Cover Port Authority Asbestos Claims, Court Affirms
  • November 15, 2018
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NJ Justices Fortify Insureds In Asbestos Coverage Gap Fight
  • June 29, 2018
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New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies
  • August 6, 2014
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People

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Cameron R. Argetsinger

Shareholder , Washington, DC

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Robert D. Chesler

Shareholder , Newark

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Carrie Maylor DiCanio

Office Managing Shareholder , Denver

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Mark Garbowski

Shareholder , New York

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Jeffrey E. Glen

Of Counsel , New York

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Robert M. Horkovich

Firm Managing Shareholder , New York

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Cort T. Malone

Shareholder , New York

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Rhonda D. Orin

Office Managing Shareholder , Washington, DC

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William G. Passannante

Shareholder , New York

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Steven J. Pudell

Office Managing Shareholder , Newark

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Edward J. Stein

Deputy General Counsel , Stamford

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© Copyright 2024 by Anderson Kill P.C.