Representative Matter

Representation of a large American energy company

Representation of a large American energy company in a putative class action filed by lawyers representing a proposed class of 1,500 residents. The complaint asserted claims for nuisance, trespass, and negligence based on emissions from an electric power generation facility notwithstanding our client’s compliance with its Clean Air Act permit. We initially won a motion to dismiss all claims, and after that was reversed on appeal we briefed and won a motion to strike the class allegations. Ultimately, the plaintiffs withdrew their claims and the client paid nothing, in what amounted to a complete victory.