Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Home - Warner Norcross + Judd LLP

Warner attorneys have been at the forefront of environmental litigation for more than three decades.

contentpilot/introduction

We have litigated at all levels of administrative agency and judicial proceedings, and have successfully handled landmark cases in the U.S. Supreme Court and the Michigan Supreme Court.

We provide comprehensive services involving all facets of environmental litigation, including cost recovery and contribution lawsuits, citizen suits, contested cases and administrative proceedings, lawsuits under the National Environmental Policy Act and the defense of governmental enforcement actions.

core/paragraph

For more information about Warner's environmental litigation services, please contact any of the related professionals.

Environmental Litigation Sub-Practice Group cropped

Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report

Paul D. Bratt Returns to Warner after Judicial Clerkship

Warner Ranked Top-Tier Law Firm by Best Lawyers®, U.S. News & World Report

105 Warner Attorneys Rated Best Lawyers in America©

12 Warner Attorneys Named Lawyers of the Year

Eleven Warner Partners Named Lawyers of the Year

Fourteen Warner Partners Named Lawyers of the Year in 2018

Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report 2020

Warner Selected as USLAW NETWORK Member Firm

Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report

Two Warner Partners to Participate in Grand Rapids Chamber  Leadership Programs

Warner Ranked Top-Tier Law Firm by Best Lawyers, U.S. News & World Report

Associate

Paul H. Beach

Paul D. Bratt

Partner

Daniel P. “Dan” Ettinger

Kurt A. Kissling

Of Counsel

Steven C. “Steve” Kohl

Christopher E. “Chris” Tracy

Counsel in consolidated litigation involving over 250 families alleging PFAS exposure from potential groundwater contamination. Defeated dispositive motion on public nuisance liability, as wall as multiple motions related to far-reaching discovery, including back-up tapes. Manage and implement discovery and motion practice for the four bellwether cases as well as the full inventory of over 250 cases.

Litigation

In re Nylaan Litigation

Warner represented a mining company and successfully persuaded the Seventh Circuit to unanimously uphold the lower court&rsquo;s dismissal of the plaintiff&rsquo;s attempt to force the federal government to take jurisdiction of the state wetland permitting process under Section 404 of the Clean Water Act. 
Menominee Indian Tribe of Wisconsin v EPA et al., No. 19-1130, 947 F.3d 1065 (2020)

Litigation - Environmental

Litigation Regarding Jurisdiction Over Wetland Permitting

Warner attorneys provided counsel on a matter involving potential groundwater contamination related to a legacy landfill disposal.

Environmental Litigation – Groundwater

Successfully represented a renewable energy developer in federal NEPA litigation, resulting in a published decision by the U.S. Court of Appeals for the Sixth Circuit

NEPA Litigation

Warner obtained a ruling from the Eastern District of Michigan that a township&rsquo;s police power moratorium on wind energy development passed by resolution was void because it did not comply with the procedural requirements for amending a zoning ordinance.

Litigation – Zoning Moratorium on Wind Energy Development

Warner served as the defense team for Georgia-Pacific LLC in putative class action related to potential groundwater contamination arising from historical paper mill operations.

Georgia Pacific LLC Litigation –  Groundwater Contamination

Warner served as counsel in a bellwether case involving potential groundwater contamination. Our representation resulted in summary disposition of all claims.

Litigation – Groundwater Contamination

Warner served as pretrial counsel and trial counsel in a bellwether case involving potential groundwater contamination. Our work obtained summary disposition on multiple claims prior to trial, including personal injury (elevated high cholesterol and miscarriage), medical monitoring, battery, negligent infliction of emotional distress, and ultra-hazardous activity.
McNaughton v. Wolverine World Wide, Inc. and 3M Company&nbsp;(Kent County Circuit Court, Grand Rapids, Michigan 2017).&nbsp;

Groundwater Contamination Litigation

Represented a local disposal facility in an environmental license challenge, resulting in denial of challenger&#8217;s injunction motion and award of payment from surety bond. Sunoco Partners Mktg. &#038; Terminals L.P. v. United States EPA, 2006 U.S. Dist. LEXIS 2817

Sunoco Partners Mktg. & Terminals L.P. v. United States EPA

In a case involving Waterloo Township, Warner persuaded the circuit court to grant an expedited appeal, reverse the township&#8217;s adverse zoning decision and grant a special land use application to Aggregate Industries for mining.
Aggregate Industries &#8211; Central Region v. Waterloo Township, 09-01248-AA (Mich. Cir. Ct. July 9, 2009)

Appeal of Adverse Zoning Decision

Warner attorney represented a large oil and gas company in a matter involving environmental cleanup, zoning, permitting and regulatory and compliance issues.&nbsp;

Oil & Gas Company Representation in Environmental and Compliance Matters

Warner represented an intervening mining company as respondent on the question of whether, absent any statutory obligation, a federal agency can be compelled to initiate environmental permitting proceedings that the regulated party has not requested.
Huron Mountain Club v. United States Army Corps of Engineers, 134 S. Ct. 1792 (2014)

Environmental Permitting Proceedings Litigation

Klein v. U.S. DOE, 753 F.3d 576 (2014):  Persuaded the court to affirm the Department of Energy’s funding decision on the basis that the client’s cellulosic ethanol project would have no significant environmental impact.

Affirmation of Department of Energy’s Funding Decision on Renewable Fuel Project

Warner attorneys successfully persuaded the circuit court to initially deny an injunction against an underground mine&#8217;s blasting operations pending an appeal. Then the court affirmed the decision by MDEQ to grant a Part 632 non-ferrous metallic mineral mining permit to our client.
National Wildlife Federation v. Michigan Dep&#8217;t of Environmental Quality, No. 11-123-AA (Mich. Cir. Ct. Nov. 21, 2011)

Secured Denial of Injunction Against Mining Operations

National Wildlife Federation v. Michigan Dep&#8217;t of Natural Resources, No. 08-263-AA (Mich. Cir. Ct. Mar. 3, 2009):  Successfully defeated a third-party appeal of the State of Michigan land-lease to our client and achieved early dismissal of ancillary claims using cutting-edge theories of constitutional and jurisdictional law.

Defeat of Third-Party Appeal of State of MI Land Lease to Client

In re Nylaan Litigation (Kent County Circuit Court, Grand Rapids, Michigan 2017).  Counsel in consolidated litigation involving over 250 families alleging PFAS exposure from potential groundwater contamination.  Defeated dispositive motion on public nuisance liability, as well as multiple motions related to far-reaching discovery, including back-up tapes.  Manage and implement discovery and motion practice for the four bellwether cases as well as the full inventory of over 250 cases.

PFAS Exposure Litigation

Kevin Nicholl et al. v Talmer Bancorp, Inc. et al. (Oakland County Circuit Court 2016). Member of defense team in shareholder class action arising from corporate merger. Obtained dismissal of one party to the merger as lead counsel, and assisted as local counsel in obtaining summary disposition for the remaining defendants.

Shareholder Class Action Lititgation from Corporate Merger

Warner served as the defense team for Georgia-Pacific LLC in putative class action related to potential groundwater contamination arising from historical paper mill operations.
Dykehouse, et al. v. The 3M Company and Georgia-Pacific LLC&nbsp;(Western District of Michigan 2018). &nbsp;

Warner served as counsel in a bellwether case involving potential groundwater contamination. Our work resulted in summary disposition of all claims.
Debski v. Wolverine World Wide, Inc. and 3M Company&nbsp;(Kent County Circuit Court, Grand Rapids, Michigan 2018).&nbsp;

Warner served as counsel in litigation involving potential groundwater contamination.&nbsp; Our work defeated a motion that would designate subject plaintiffs as a bellwether case.
Hula, et al. v. Wolverine World Wide, Inc. and 3M Company&nbsp;(Kent County Circuit Court, Grand Rapids, Michigan 2017).&nbsp;

Warner defended Wolverine World Wide, Inc. in putative class action related to potential groundwater contamination from historical tannery operations.
Warner defeated the motion that would have removed action to a Multidistrict Litigation panel.
Zimmerman, et al. v. The 3M Company and Wolverine World Wide, Inc.&nbsp;(Western District of Michigan 2017). &nbsp;

Class Action Groundwater Contamination Litigation

A Warner attorney assisted in an appeal case regarding liability for groundwater contamination.
Raytheon Aircraft Co. v. United States&nbsp;(10th Cir. 2009).

Groundwater Contamination Appeal

Warner attorneys represented Pharmacia &amp; Upjohn Company in an action to recover costs resulting from a voluntary cleanup of environ&shy;mental contamination. A favorable settlement was obtained shortly before trial.

Cost Recovery from Environmental Cleanup

Pretrial counsel and trial team member in bellwether case involving potential groundwater contamination.  Obtained summary disposition on multiple claims prior to trial, including personal injury (elevated high cholesterol and miscarriage), medical monitoring, battery, negligent infliction of emotional distress, and ultra-hazardous activity.

NcNaughton v. Wolverine World Wide, Inc. and 3M Company

Litigation and Dispute Resolution

Resources, Energy and Environmental Law

Environmental Litigation

The Warner Norcross + Judd LLP lawyer responsible for the contents of our advertising and this website is managing partner <a href="/people/mark-j-wassink/" aria-label="Mark Wassink">Mark Wassink</a> who can be reached at <a href="mailto:mwassink@wnj.com" aria-label="email Mark Wassink">mwassink@wnj.com</a> or 616.752.2189. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website.

news

professionals