Categories: Practice AreasTort Claims

Environmental Litigation

Caddell & Chapman represents individuals, environmental groups, and Indian tribes nationwide in environmental litigation.

Since our foundation in 1985, our lawyers have made a point of focusing on significant cases. We take on cases that involve a high level of complexity and call for a serious commitment of resources. We have proven our strength by achieving an impressive record of success in these cases.

For instance, Caddell & Chapman secured an $11.5 million settlement on behalf of its client, the sovereign Quapaw Tribe of Oklahoma against ASARCO LLC, a mining company.

The Quapaw claimed that ASARCO’s mining activities caused natural resource and subsidence damages to the Quapaw’s historic reservation. The Quapaw’s land is located on the largest Superfund Site in the nation – the Tar Creek Superfund Site – consisting of 40 square miles of Northeastern Oklahoma. Lead and zinc mining activities over several decades left the Quapaw’s land riddled with over 300 miles of underground tunnels, over 1,320 mine shafts, and thousands of drill holds. Mining tunnels and shafts have collapsed or are at risk of collapsing resulting in a subsidence problem that has damaged the Quapaw’s land, homes, and buildings.

To date, there have been over 119 subsidence events in this area. Over 34 million tons of toxic mining waste called tailings or chat, much of which is piled in large hills, also remain on the Quapaw land. Hazardous mining waste, such as lead, cadmium, zinc, and sulfuric acid have polluted the Quapaw’s soil and surface water and destroyed or damaged much of the Quapaw’s natural resources. The settlement was approved by the bankruptcy court in Corpus Christi, Texas on January 29, 2008.

Caddell & Chapman also defeated motions for summary judgment brought by other defendants and recovered an additional $8.856 million for the Quapaw Tribe against various other mining defendants and the BNSF railroad.

No matter how big the opponent may seem, you can be confident in our ability to take them on.

Getting Compensation for Environmental Damage

We can handle all types of environmental litigation, including lawsuits against businesses involving:

Water contamination claims under the Clean Water Act
Air pollution claims under the Clean Air Act
Claims of natural resource damage
Claims of property damage caused by environmental law violations

The goal of environmental litigation is not only to force businesses to clean up and discontinue pollution, but to obtain compensation for any illness, injury or property damage caused.

We can represent individuals in these claims. We can represent Indian tribes. We can represent environmental groups, such as the Sierra Club. We can also represent entire neighborhoods in class action lawsuits.