Van Kley & Walker, LLC
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We offer a depth of perspective across a wide range of environmental issues.
Litigation

We started our careers as government litigators who filed enforcement lawsuits and defended administrative appeals. Then we further developed our litigation experience as practitioners in large law firms. We manage both simple and complex litigation in an effective, yet cost-conscious fashion.

Enforcement Defense
We have maintained professional relationships with government agencies that enable us to work cooperatively with them to resolve these lawsuits where appropriate. Where settlement is infeasible, we aggressively defend our clients against these cases.

Administrative Appeals
We have handled hundreds of appeals of permits, orders, and regulations in a variety of tribunals, including the Ohio Environmental Review Appeals Commission, Ohio EPA adjudications, local zoning boards, and federal courts. If someone attempts to take away our client’s permit to construct or operate a business or farm, we defend that permit. If our client’s permit contains unnecessarily stringent requirements, we appeal the permit to contest these requirements. If a permit is denied, we oppose the denial. We also contest administrative orders issued to clients demanding expensive actions and penalties. Where the government has issued burdensome and costly regulations, we appeal these regulations on behalf of trade associations and others to reduce the impact of the regulations.

Business Litigation
We file and defend environmental cases brought by one company against another. These lawsuits may arise out of property transactions, such as the sale of property later found to be contaminated or the enforcement of the indemnification provisions of a purchase agreement. Some cases involve releases of hazardous substances by one company onto the property of another. Other cases are cost recovery or cost allocation disputes under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) between potentially responsible parties.

Citizen Lawsuits
We defend lawsuits brought by neighbors and environmental organizations against companies, farms, and individuals. These cases include tort claims alleging property damage or health injuries from our clients’ properties. They also include citizen suits contending that our clients have violated an environmental law such as the Clean Water Act or the Clean Air Act.

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