Kirk focuses his practice primarily on complex toxic tort and environmental litigation. In addition, Kirk represents clients in civil and criminal environmental enforcement matters and has advised clients on the environmental aspects of corporate transactions and environmental compliance matters.
Toxic Tort and Environmental Litigation - Represented parties in complex, multiparty litigation involving toxic tort personal injury, property damage, medical monitoring and relocation claims. Successfully obtained exclusion of plaintiffs’ fate and transport expert testimony in toxic tort matters. Handled Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cost recovery and natural resource damage claims brought by federal, state and tribal authorities. Represented clients in Superfund allocation alternative dispute resolution proceedings.
Environmental Enforcement and Regulatory Compliance - Represented corporate, municipal and agribusiness clients in criminal and civil administrative and judicial enforcement actions. Participated in the oversight of responses to state and federal civil and criminal investigations and information requests. Counseled clients on compliance with state and federal environmental laws. Oversight of the investigation and remediation of environmental releases, including participation in state voluntary cleanup programs. Counseled clients on issues relating to voluntary disclosure of environmental noncompliance.
Corporate Transactions - Advised clients on environmental issues relating to corporate transactions, including due diligence and drafting appropriate contract language. Assisted clients with post-transaction contractual claims for indemnity. Counseled clients on issues relating to disclosure requirements for environmental liabilities.
Kirk’s recent experiences include:
- obtaining summary judgment in a property damage case brought by approximately 200 plaintiffs alleging reduced property values as a result of soil lead contamination;
- the exclusion of air modeling expert witness in personal injury action alleging exposure to windborne contamination;
- the dismissal of over 175 plaintiffs in a property damage case for failure to adequately respond to written discovery;
- the exclusion of environmental fate and transport expert in personal injury action alleging exposure to soil contamination;
- representing alleged successors to former hard rock mining companies in favorable resolution of natural resource damage and property damage claims brought by a Native American tribe; and
- representing manufacturing companies in response to governmental claims for remediation under CERCLA and Resource Conservation and Recovery Act (RCRA).
Kirk has authored a number of published articles on environmental law issues and was a managing editor of the Vermont Law Review during law school.
Kirk F. Marty, Criminal Prosecution of Responsible Corporate Officers and Negligent Conduct under Environmental Law, 23:3 Natural Resources & Environment, Winter 2009, at 37.
Co-author, Toxic Substances, Chapter 13 in Missouri Environmental Law (2d ed. 1998, 2002 supp., 2007 supp.).
Co-author, What’s Bubbling in Toxic Tort Land?, DRI Toxic Tort & Environmental Law Seminar, March 21, 2003.
Kirk F. Marty, Moving Beyond the Body County and Toward Compliance: Legislative Options for Encouraging Environmental Self-Analysis, 20 Vt. L. Rev. 495 (1995).