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Litigation - Environmental Law Attorneys

N.W. Bernstein & Associates, LLC, has extensive experience in litigating environmental cases, including the defense of Superfund claims, RCRA citizens suits, oil spill claims, toxic tort suits, and contribution claims. The firm's lawyers also have extensive experience in providing comments on governmental rule makings under the various environmental statutes that provide the administrative record necessary to litigate environmental rulemaking cases under the Administrative Procedure Act.

The firm's lawyers have conducted trial court and appellate level litigation in federal courts including in the United States Court of Appeals in the D.C. Circuit, the First Circuit (Boston), the Third Circuit (Philadelphia), and the Eleventh Circuit (Atlanta), as well as in Federal district court actions in West Virginia, New Jersey, and New York.

Norman Bernstein and Lisa Lebowitz have recently defended a Fortune 100 company in Federal District Court from claims under the citizens suit provisions of the Resource, Conservation and Recovery Act (RCRA) and defended multi-party toxic tort litigations in New York Supreme Court, including a large demolition related lead inhalation case. Litigation attorney Lebowitz has handled cases involving environment-related injuries for a major insurance company in various New York state courts. She has successfully negotiated case settlements and prepared and won summary judgment motions for the firm's clients.

She recently co-authored a major brief in the United States Court of Appeals for the D.C. Circuit on behalf of companies contesting the addition of a New Jersey site on the National Priorities List.

In the early 1990s, Norman Bernstein had lead counsel responsibility for a multi- million dollar contribution litigation under the Superfund statute against upward of twenty major utilities. In "blitz" litigation, Mr. Bernstein achieved a large recovery for his clients (three major corporations) in only about a year after he named the utilities as defendants. The remaining defendants settled just before trial.

By way of background, in the 1970s, Norman Bernstein had extensive lead counsel responsibility in securities, anti-trust and commercial litigation matters. He also conducted arbitration before a panel of arbiters appointed by the New York Stock Exchange. In 1979, he was named Associate Counsel, Special Litigation at Ford Motor Company, and handled a range of matters including governmental investigations and an ever-broadening spectrum of environmental litigations. Mr. Bernstein both supervised outside counsel and personally argued a wide range of cases for Ford. While at Ford, he chaired the committee on Litigation Management and Economics of the Litigation Section of the American Bar Association and was an adjunct professor at the Wayne State University School of Law where he taught torts. He was also a Guest Lecturer at Yale Law School and the University of Michigan Department of Public Health.

Contact N.W. Bernstein & Associates, LLC, regarding a litigation matter.

Firm News & Articles

For Norm Bernstein's views on the CERCLA 107/113 issue as expressed in the "Voluntary vs. Compelled Cleanup" section of the recent Bloomberg BNA article (p. 2) titled "Finding the Divide Between CERCLA Cost Recovery and Contribution Actions," click here. Reproduced with permission from Toxics Law Reporter, 30 TXLR 235 (March 5, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) < http://www.bna.com>

On January 27, 2014, the Supreme Court of the United States denied a petition for certiorari that sought to overturn our defeat of DOJ's arguments in the Seventh Circuit in Bernstein, et al. v. Bankert, et al. For the front page article in Bloomberg's Toxics Law Reporter, click here. For the Seventh Circuit's decision, click here.

Office Location

N.W. Bernstein & Associates, LLC
800 Westchester Avenue
Suite N319
Rye Brook, NY 10573-1361

Telephone: 914.358.3500
Fax: 914.701.0707

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