Natural Resource Damages

• BP, as lead counsel, in NRD matters relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, overseeing all legal and evidentiary aspects, including a large team of lawyers and experts. Brian successfully negotiated a global consent decree with the U.S. Department of Justice, the Department of Interior, NOAA, Louisiana, Mississippi, Alabama, Florida, and Texas, resulting in a final resolution of BP's NRD and CWA liability stemming from the Deepwater Horizon incident. In addition, in 2011, Brian negotiated a novel US$1 billion "early restoration" agreement allowing restoration to begin prior to the completion of the NRD assessment.
• Honeywell International, as lead counsel, in resolving NRD claims at Onondaga Lake, one of the largest Superfund sites in the United States. Brian successfully negotiated a precedent-setting settlement of Honeywell's NRD liability, including an innovative combination of recreational and ecological projects.
• Dow Chemical, as lead NRD counsel, representing the company at the Tittabawassee River and Saginaw River outside of Midland, Michigan. Brian successfully negotiated a consent decree resolving Dow's NRD liability at the site.
• Multi-national agricultural corporation related to potential NRD claims resulting from phosphate mining operations in the western United States. Brian is representing the company in all aspects of the Natural Resource Damages Assessment.
• Solutia/Eastman Chemical, as lead counsel, with respect to potential NRD liability at PCB manufacturing plants in Alabama and Illinois.
• CBS, as lead counsel, for natural resource damages claims at the Palmerton Zinc Superfund Site near the Appalachian Trail in Palmerton, Pennsylvania. Brian has led the company's defense of the claim including successful negotiations with the trustees and negotiation of a final consent decree.
• Fortune 100 company, as lead counsel, to advise on NRD assessment, settlement and litigation strategy related to a large, contaminated river site in the Northeast United States.
• Motorola, as lead counsel, for a successfully resolved natural resource damages case in Puerto Rico.
• While at the U.S. Department of Justice, Brian was one of the lead government lawyers prosecuting the Montrose DDT litigation which alleged massive natural resource damages off the coast of the Palos Verdes shelf.

Litigation

• BP, as one the lead trial attorneys, in the Clean Water Act litigation and trial. Following the completion of the trial, Brian successfully negotiated a global consent decree with the U.S. Department of Justice resolving BP's liability stemming from the incident.
• Honeywell, as lead trial counsel, in the successful defense against a citizen suit seeking property and other damages at the Onondaga Lake Superfund Site in Syracuse, New York. Brian argued and won the matter at both the U.S. District Court and the Second Circuit Court of Appeals.
• Chemours, as co-lead counsel, in Clean Water Act litigation brought by the State of North Carolina, relating to the discovery of PFAS chemicals in the Cape Fear River in North Carolina. Brian is also co-lead counsel in related toxic tort class action lawsuits.
• Conservancy of Southwest Florida, as lead trial counsel, in a matter seeking to enforce local land use requirements associated with a large, proposed development in Collier County, Florida. After prevailing on appeal, Brian negotiated a successful resolution of the matter.
• CSX, as lead counsel, in a putative class action, which sought damages related to a fire at a hazardous waste disposal facility. Brian successfully negotiated a resolution of the claim.
• Komatsu, as lead trial counsel, with respect to injury and wrongful death claims at a subsidiary's plant in Washington state. Brian successfully defended the claim at the U.S. District Court and prevailed on motion for summary judgment in the Ninth Circuit Court of Appeals.
• Former chemical company in successfully settling two class actions seeking US$1 billion in damages for alleged diminution in property values and personal injury from groundwater plume associated with a fertilizer manufacturing facility.
• Ms. Evelyn Arthur, as co-lead counsel, in a pro bono matter on behalf of an elderly, deaf woman denied reasonable accommodations in public housing.

Climate Change

• BP, as lead counsel, related to proposed local land use legislative amendments associated with refinery expansions and state environmental review.
• Fortune 50 company related to regulatory issues associated with carbon capture and sequestration across multiple jurisdictions in the United States.
• Environmental Law Institute, as lead counsel, in a pro bono initiative to assist the State of Israel in drafting comprehensive climate legislation.
• Fortune 100 company to advise on climate change litigation and regulatory efforts across the country.
• Fortune 100 company to advise on sustainability-related issues in the context of a large Superfund remediation.

Contaminated Sites

• Honeywell, as lead counsel for its Syracuse portfolio, including Onondaga Lake, one of the largest lake Superfund sites in the United States. Brian represents the company in all aspects of its environmental liabilities in Syracuse including consent decree negotiations with the state of New York, natural resource damage claims asserted by federal and state trustees, cost recovery claims by the U.S. EPA, and affirmative third-party contribution claims asserted against other potentially responsible parties.
• Honeywell, as lead counsel, at the LCP Superfund Site in Brunswick, Georgia, including claims for Natural Resource Damages.
• Fortune 500 company, as lead counsel, with regard to a controversial remedy selection at a large river site in the central U.S.
• Motorola, as lead counsel, at the North Indian Bend Wash Superfund Site in Scottsdale, Arizona. Brian represented the company in all aspects of the cleanup investigation and remediation, involving TCE contamination in groundwater.
• Fortune 100 company, as lead counsel, in property and liability transfer of a heavily-contaminated, former rail transfer station near Boston, Massachusetts.
• Honeywell, as lead counsel, at over 2 dozen Superfund sites across the country, including sites with groundwater, soil, and surface water contamination. Brian has handled all aspects of these matters from negotiation and implementation of a remedy, to allocation amongst potentially responsible parties, to resolution of NRD claims.

Matters may have been handled prior to joining Paul Hastings.

• Co-editor, “Environmental, Social, Governance: The Professional’s Guide to the Law and Practice of ESG” (ABA, 2023)
• Author, “Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases” (ABA, 2019)
• Author, “Natural Resource Damages” (Environmental Law Practice Guide, Gerrard, ed.)

• Fellow: American College of Environmental Lawyers (ACOEL)
• Chair: Friends of Israel’s Environment
• Member: Environmental Law Institute’s Leadership Counsel
• President: Ohr Kodesh Congregation in Chevy Chase, Maryland (2009-2011)
• Founding Board Member and Vice-Chair: Warrior Expedition, a veteran nonprofit outdoor therapy program (2015-2020)
• Founding Board Member: Khumbu Research Center, a non-profit scientific laboratory in Nepal designed to help study the impact of climate change on high-altitude habitats.