image

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)

Strafford Publications / October 3, 2023

How to Maximize Available Environmental Coverage and Minimize Disputes with Carriers

NYS Bar Association's Emerging Issues in Environmental Insurance / October 28, 2016

Environmental Insurance Coverage under Traditional and Specialty Policies

RIMS 2016 / April 13, 2016

Environmental Insurance Coverage for NRD, CERCLA, RCRA, OPA and Other Claims (2015)

May 21, 2015

Publications

Asbestos Ruling Cements All Sums Coverage Precedent In SC

Law360 / August 7, 2025

The Use and Abuse of the Pollution Exclusion

Journal of Emerging Issues in Litigation / April 23, 2024

Who’s Picking Up The Tab: Recoupment For Contamination Damages Under New York Navigation Law

Law.com / August 24, 2022

USEPA Releases PFAS Roadmap, Potentially Triggering Deep Environmental Liability

/ November 3, 2021

MICHIGAN COURT ISSUES FIRST INSURANCE COVERAGE DECISION REGARDING COVID-19 BUSINESS INTERRUPTION

New Jersey Alert / July 10, 2020

Courts Address All Sums Coverage Allocation Debate

Risk Management Magazine / March 28, 2019

Keyspan, Honeywell And The Primacy Of Choice Of Law In Environmental Insurance Coverage Disputes

Environmental Claims Journal / November 22, 2018

How To Survive A Late Notice Challenge In An Environmental Insurance Coverage Action

Environmental Leader / January 31, 2018

Winning Environmental Insurance Claim Trials: Was It An ‘Accident’ Or ‘Occurrence?’

Environmental Leader / January 24, 2018

The Environmental Impact Of Hurricanes

Risk Management Magazine / December 4, 2017

The Environmental Impacts Of Major Hurricanes: From Sandy To Irma

Law360 / September 8, 2017

The Broadening Scope Of Pollution Legal Liability Insurance

Risk Management Magazine / August 25, 2015

Insurance Companies Subrogating Against CERCLA PRPS? Ninth Circuit Holds No Can Do

Environmental Claims Journal / May 1, 2015

Climate Change And Its Impact On The Insurance Industry

Risk Management / February 1, 2015

When Standard Pollution Insurance Policies Aren’t Enough

Metropolitan Corporate Counsel / March 28, 2014

The Tale Of Two Cases: Clean-Up Coverage The Best And Worst Of Times

Focus (Industry News) / November 6, 2013

THE CHANGING LANDSCAPE OF LIABILITY FOR NATURAL RESOURCE DAMAGES

Policyholder Advisor & Alert / April 2, 2013

Sandy’s Environmental Impacts: Cleanup Has Just Begun

Law360 / December 11, 2012

New York City’s “Zone Green” Can Benefit Hotel Operators

Hospitality Lawyer e-magazine / October 12, 2012

The Troublesome Trend Of D&O, E&O Pollution Exclusions

Law360 / July 16, 2012

CURRENT TRENDS IN SITE-SPECIFIC ENVIRONMENTAL COVERAGE

Policyholder Advisor & Alert / June 27, 2012

Coverage Issues Heat Up: Are You Ready For Climate Change Liability?

American Bar Association / May 10, 2012

City Enacts Green Zoning Provisions

Real Estate Weekly / May 10, 2012

Avoiding Emerging Climate Change Pitfalls: What Directors And Officers Need To Consider

Metropolitan Corporate Counsel / April 3, 2012

What Mine Operators Can Expect From New EPA Initiatives

Law360 / March 22, 2012

Quite An ‘Occurrence’: Rehearing Steadfast V. Aes

Law360 / February 9, 2012

From Test Tubes To Briefs

University of Penn Alumni Magazine / November 21, 2011

Reaction To The Recent Climate Change Insurance Coverage Decision By The Virginia Supreme Court

LexisNexis Insurance Law Community / September 26, 2011

Deferring To The Executive Branch On Global Warming

Law360 / June 29, 2011

Evolving Environmental Risks From Wilder Weather

Law360 / June 21, 2011

Arguing The Future Of Climate Change Litigation

Law360 / May 3, 2011

Two Key Rulings Pending In Global Warming Suits

LexisNexis Environmental Law & Climate Change Community Blog / April 25, 2011

Brownfield Redevelopment: A New Funding Alternative

Real Estate Weekly / March 21, 2011

Climate Change And The Duty To Defend

Risk Management / March 11, 2011

Tribute To Gene Anderson

Environmental Claims Journal / January 6, 2011

Coverage Issues After The Oil Stops Flowing

Law360 / June 28, 2010

5th Circuit Punts On Global Warming Case, Prolongs Legal Limbo

Environmental Protection / June 21, 2010

PROTECTING YOUR BOTTOM LINE WHEN FACING POTENTIAL SUPERFUND LIABILITY: CRITICAL FIRST STEPS

Construction Industry Advisor / April 9, 2010

Green-Building And Renewable-Energy Insurance Claims: Where Are We Now?

Environmental Claims Journal / December 22, 2009

The Complexity Of Environmental Litigation In New Jersey Requires Both Mind And Muscle

Commerce Magazine / November 24, 2009

GLOBAL WARMING, AN EVOLVING LIABILITY YOUR COMPANY CAN SURVIVE

Policyholder Advisor & Alert / October 14, 2009

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 / October 8, 2009

Environmental Risk Trends

Risk Management / September 10, 2009

Shoot Out At The Otay Corral

LexisNexis Insurance Law Blog / July 31, 2009

Absolutely Not – Absolute Pollution Exclusion Shouldn’t Apply To Greenhouse Gases

riskVue / December 19, 2007

Finding And Proving Lost Insurance Coverage

The John Liner Review / December 5, 2007

AVOIDING LIABILITY FOR CONTAMINATION: EPA’S NEW “ALL APPROPRIATE INQUIRY” STANDARDS

Construction Industry Advisor / April 1, 2006

Brownfields And Green Insurance: Developing And Transferring Real Estate In The New Millennium

Environmental Protection / September 9, 2005

Zoning For Hospitals: NY Continues Favorable Treatment

Anderson Kill's Hospital Construction Newsletter / March 1, 2005

MTBE: Coverage For The Petroleum Industry’s “Spreading Problem”

Environmental Claims Journal / October 28, 2004

Managing Contaminated Property

Corporate Counsel / August 25, 2004

Insurance Coverage For Natural Resource Damage

Corporate Counsel / March 29, 2004

You Should Be Covered For Natural Resource Damages

New Jersey Law Journal / March 2, 2004

FOUR THINGS EVERY REAL ESTATE PROFESSIONAL SHOULD KNOW ABOUT ENVIRONMENTAL INSURANCE

Construction Industry Advisor / October 1, 2003

Clean-Up Cost Cap Insurance: Wave Of The Future Or Washout?

Hardrock Mining Conference / May 19, 2003

WHAT’S NEW IN THE REAL ESTATE FIELD(S)?

Construction Industry Advisor / January 1, 2003

News

Justices’ Pass On Fracking Coverage Unsurprising To Attys

January 29, 2024

Ninth Circuit Could Expand Reach of Insurers’ Pollution Exclusion

November 9, 2023

Even If the ESG Focus Is Distorted by Political Static, Governance Should Remain Steadfast

September 5, 2023

ESG Initiatives: How to Prioritize Sustainability and Avoid Legal and Financial Pitfalls

October 3, 2022

Do’s and Don’ts for Dealing with Global Warming Claims

September 21, 2022

Panelists Parry Environmental Liability Coverage’s Evolution

September 13, 2022

Anderson Kill Shareholder Raymond A. Mascia Jr. Named a Rising Star in Insurance by Law360

July 7, 2020

Calif. Justices Set Montrose’s Excess Enviro Coverage Path

April 6, 2020

Law360 Names Robert M. Horkovich a 2018 MVP in Insurance Law

November 27, 2018

AIG Must Cover Port Authority Asbestos Claims, Court Affirms

November 15, 2018

NJ Justices Fortify Insureds In Asbestos Coverage Gap Fight

June 29, 2018

New York Appellate Court Finds for TransCanada in Discovery Dispute with Insurance Companies

August 6, 2014

People

image
Cameron R. Argetsinger

Shareholder , Washington, DC

image
image
Robert D. Chesler

Shareholder , Newark

image
image
Mark Garbowski

Of Counsel , New York

image
image
Jeffrey E. Glen

Of Counsel , New York

image
image
Robert M. Horkovich

Firm Managing Shareholder , New York

image
image
Cort T. Malone

Shareholder , New York, Shelton

image
image
Rhonda D. Orin

Office Managing Shareholder , Washington, DC

image
image
William G. Passannante

Shareholder , New York

image
image
Steven J. Pudell

Office Managing Shareholder , Newark

image
image
Edward J. Stein

Deputy General Counsel , New York

image

© Copyright 2026 by Anderson Kill P.C. ClickySoft - WordPress Development Company