A&K has always been an environmental litigation firm. From the outset of a project, we anticipate appeals and take steps to avoid them and minimize litigation risk. When a dispute does arise, we litigate assertively, but always focused on the big picture.  Whether that means trying the case through a decision and appeal, mediating the claims, or taking other steps to resolve the dispute, we develop and execute a strategy to achieve the client’s objectives and protect its interests.

We view litigation as a tool, not an end in itself.  Our track record of settlements and dispute resolution covers more than 30 years of novel and challenging cases involving ambiguous regulations, complicated scientific issues, and multiple potentially responsible parties. Our environmental litigation team includes a certified mediator in environmental and land use disputes and lawyers who have been appointed as special masters in environmental disputes.

We recognize that litigation is the last place that project proponents, and often even opponents, want to end up.  Our success in effective litigation strategy begins with litigation-avoidance, at project inception. We anticipate issues that may trigger the opposition of government authorities, citizens groups, and other potential stakeholders, and advise the client about steps to avoid or satisfy that opposition.  Our proactive approach minimizes the risk of appeals and other disputes.

When disputes cannot be avoided, we move quickly to analyze the threshold issues – jurisdiction, standing, settlement possibilities – to look for ways to expedite resolutions of the litigation.  Where no quick resolution is available, we develop a broader strategy to litigate the case as quickly and efficiently as possible.