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 Environmental and Toxic Tort

Kightlinger & Gray, LLP represents property owners, business operators, and other potentially responsible parties in the investigation of potential environmental and toxic tort issues raised by administrative agencies or financial entities. We assist clients in resolving disputes with the Indiana Department of Environmental Management and represent parties in administrative proceedings and state and federal civil litigation regarding environmental conditions. In addition to representing property owners, operators and other potentially responsible parties, we have experience handling insurance coverage and bad faith claims and can provide insurance coverage advice, counsel, and defense to insurance carriers as those insurance carriers evaluate and determine their contractual obligations for environmental allegations and administrative directives.

The environmental and toxic tort attorneys have years of experience in trials, mediations and arbitrations to resolve these outstanding types of disputes, including administrative proceedings regarding regulatory compliance. We perform pre-trial and post-trial activities including defense of and appeals of adversary proceedings findings and defense of lawsuits relating to environmental conditions.  

The practice area’s emphasis in pre-litigation, administrative proceedings and lawsuits include the following:

  • Consultation with environmental consultants
  • Pre and post suit analysis
  • Litigation
  • Potential air contamination
  • Potential water contamination
  • Vapor intrusion

We routinely work with environmental consultants who can evaluate the factual environmental conditions at a property, advise as to alternative remedies, and implement remediation as required. This liaison with the environmental consultants is a key benefit to allow Kightlinger & Gray, LLP’s clients, either the property owners, operators and other potentially responsible parties or insurance carriers, to pursue their own business objectives as technical assistance is managed by Kightlinger & Gray, LLP. 

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