Defending Against Environmental Citizen Suits: Litigation Challenges, Recent Developments, Parallel State Proceedings

With a combined decade of experience working as a trial lawyer at the U.S. Department of Justice (DOJ) Environmental Enforcement Section and in the Environmental Protection Agency's (EPA) Office of General Counsel, Mr. Boer uses his government experience to effectively counsel clients as they navigate complex environmental enforcement actions and compliance issues. He represents companies, municipal utilities, and individuals in federal and state environmental litigation in defense of environmental enforcement actions and citizen suits, in response to catastrophic environmental emergencies and chemical releases, and in connection with site cleanup and cost recovery. He has advised clients on the vast array of environmental statutes in the U.S.

Mr. Showalter is a nationally recognized litigator who has led or played a central role in more than 90 federal and state matters nationwide, spanning trial courts, appellate courts, and administrative proceedings, including bet-the-company disputes and complex, multi-party environmental litigation. He maintains a substantial appellate practice, with experience before the US Supreme Court and numerous federal courts of appeals, including the D.C., Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Circuits. As a partner in both the Complex Litigation and Environmental practices, Mr. Showalter serves as a strategic advisor to clients across the energy, manufacturing, government, real estate, and financial sectors. His approach focuses on protecting enterprise value by integrating litigation strategy with regulatory, technical, and business considerations. Mr. Showalter regularly advises and represents clients in litigation and enforcement actions arising under federal and state environmental laws, including the Clean Air Act, Clean Water Act, CERCLA, and the Toxic Substances Control Act. His work frequently involves parallel civil litigation, regulatory proceedings, and stakeholder-driven challenges, requiring integrated strategies that align legal outcomes with business objectives.