Mark has more than 20 years of experience establishing effective legal strategies that position companies to anticipate and defend against environmental, toxic tort, agribusiness/food safety, and crisis-related claims. As chair of the firm’s Toxic Tort Practice and co-chair of the Agribusiness & Food Safety Practice, he leads litigation at the state and federal level in addition to handling high-stakes enforcement matters and client counseling that require complex issues management.
Mark holds a Bachelor of Science degree in engineering and worked as an engineer for a gas and electric utility company for seven years prior to his legal career. Relying on his legal, engineering and science background, Mark represents clients in class actions, multiparty cases and individual actions involving personal injury, property damage and medical monitoring claims. He also serves as lead counsel in defending against citizen group and government enforcement actions under federal and state environmental statutes, including the Clean Air Act, Clean Water Act and CERCLA. In this capacity, he has successfully litigated and resolved environmental enforcement matters in state and federal court as well as with EPA, DOJ and state agencies. He also counsels clients on state and federal governmental investigations and inquiries, including those conducted by NIOSH and EPA.
Mark has also been tapped as lead environmental counsel on many significant corporate transactions. He has managed environmental aspects of mergers and acquisitions and real estate transactions, including the resolution of liabilities prior to closing; responding to due diligence inquiries; providing options for retention or transfer of liabilities through various insurance programs and third-party remedial companies; transferring permits; and preparation of environmental representation, warranty and indemnity language. Mark also advises on Brownfields development and site remediation.
Mark’s achievements have captured the attention of many in the industry, including Chambers USA: America’s Leading Lawyers for Business, which recognized him as a "client favorite" and Leading Lawyer in Environmental Law and characterized his work as "clear" and "appropriately aggressive" with "results that speak for themselves." Mark also is recognized by Benchmark: The Definitive Guide to America’s Leading Litigation Firms and Attorneys, which singled him out as a National Star for Litigation. Benchmark selected Mark for this recognition because he is “capable of handling complex cases anywhere in the country.”
Mark serves a wide variety of industries throughout the United States. In recent years, he has successfully represented clients in litigation related to power plant, mining activities, odor nuisance claims, chemical releases, and agricultural production.
Energy Sector Litigation – Much of Mark’s practice is devoted to the energy sector, including utility, chemical and gasoline/petroleum companies. His work covers matters from generation, production and processing to storage, transportation and delivery to the end-user. He currently serves as counsel on several petroleum-related matters and represents a large electric utility company in several proposed class actions and numerous multiparty and individual toxic tort/environmental actions stemming from a power plant containment failure and involving hundreds of plaintiffs. In this capacity, he has successfully defeated motions for class certification and bellwether trials, in addition to obtaining dismissals of plaintiffs’ claims for personal injury, punitive damages and emotional distress as well as those pertaining to emergency relief, preliminary injunction and remediation activities.
Mining Litigation – Mark has defended class action claims brought by plaintiffs seeking certification of proposed medical monitoring and property damage classes after alleging that mining activities resulted in air, water and soil contamination and exposed residents to lead, heavy metals and other toxins. He is also experienced in using Daubert challenges to successfully exclude plaintiffs’ expert opinions on air dispersion modeling and other scientific testimony.
Odor Litigation – Mark recently defended a biofuel manufacturer in a proposed odor nuisance environmental class action filed in Missouri state court. Plaintiffs’ sought to certify a class of owners of property near the client’s innovative thermal conversion plant, which converts carbon-based feed stock into oil. Following extensive discovery and expert testimony, the court denied plaintiffs’ motion for class certification. Mark also represented the client in several government enforcement actions that were successfully resolved. For several years, Mark served as lead outside counsel for a pork producer with operations throughout northern Missouri, managing civil and government lawsuits as well as multiple federal and state regulatory issues faced by the operator.
CERCLA Litigation – In FAG Bearings v. Midcon, Mark defended Midcon against CERCLA §113 and §107 claims that had been brought by FAG Bearings. Mark tried the case in the U.S. District Court for the Western District of Missouri, which ruled in favor of the client on all statutory and common law claims. Mark and his team also obtained a judgment for more than $2 million in attorneys’ fees, costs and expenses on its counterclaim. FAG Bearings Corp. v. Gulf States Paper Co., et al., 1998 WL 919115 (W.D.Mo. Sept. 30, 1998).
Mark also represented a company in CERCLA litigation seeking response costs and damages for the release of chlorinated solvents at a neighboring property in Sacramento, California, that contaminated the groundwater aquifer underlying the client’s manufacturing facility. After Mark and his team secured a finding of liability against the defendants, they also obtained a favorable settlement for their client.
Speaking Engagements and Publications
Mark has authored articles and frequently speaks at national and local conferences on issues relating to toxic tort, environmental, agribusiness, food safety and crisis management matters. On November 8, 2013, Mark presented on a hydraulic fracturing panel at the National Asian Pacific American Bar Association (NAPABA) conference. In 2012, he presented on hybrid witnesses under revised Federal Rules at the ABA Women in Products Liability Workshop (Boston, Mass.), the future of toxic tort and environmental litigation at SHB's Class Action & Complex Litigation Summit, and hydraulic fracturing at SHB's Oil & Gas Industry CLE. He has also been a guest speaker for the Defense Research Institute on toxic tort and environmental law and has been featured as a lecturer by the Region VII Environmental & Safety Symposium and the National Association of Environmental Law Society. He has co-authored a chapter of the Missouri Environmental Law Deskbook and was recently featured in a June 7, 2010, Feedstuffs special report titled "Supply Chain Crisis: SHB Attorneys 'Go Distance.'"
Mark is a member of the American Bar Association, the Defense Research Institute, the Kansas City Metropolitan Bar Association, the Kansas Bar Association and The Missouri Bar.
Chambers USA: America’s Leading Lawyers for Business (2011 to 2013).
“Client favorite Mark Anstoetter is praised for his deep understanding of technical issues, great team work and extensive experience of large environmental litigations.”
Mark Anstoetter “has consistently demonstrated an exceptional understanding of complex environmental and toxic tort matters.”
Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys (2010 to 2013). Recognized as a National Product Liability Litigation Star and a Missouri Litigation Star.
“Recommended consistently as reputable and effective,” Anstoetter is recognized for his strength in toxic tort and environmental litigation.
The Legal 500 United States (2012).
Recognized Mark and SHB’s broad and national toxic tort practice.
Missouri & Kansas Super Lawyers (2005 to 2013).
Super Lawyers Business Edition (2012).
Ingram’s top lawyer recognition in business magazine’s professional services report (2012).
Mark is admitted to practice in state and federal courts in Missouri and Kansas.
1989 J.D., University of Denver
1982 B.S., Engineering, Iowa State University
- Chair, SHB's Toxic Tort Practice
- Co-Chair, SHB's Agribusiness & Food Safety Practice
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News & Events
- Anstoetter & Wu to Present During NAPABA Convention
- Fifty-One SHB Attorneys Recognized as Missouri & Kansas Super Lawyers
- Chambers USA 2013 Recognizes SHB
- Benchmark Litigation Recognizes SHB
- Missouri & Kansas Super Lawyers Recognizes 37 SHB Attorneys
- The Legal 500 U.S. 2012 Edition Recognizes SHB
- Chambers USA 2010 Recognizes SHB