Kirk represents clients in complex toxic tort and environmental litigation, as well as federal and state environmental compliance and enforcement matters in Illinois, Missouri, Kansas, Florida, Ohio and elsewhere. He is conversant in the relevant scientific and technical disciplines, such as hydrogeology, air dispersion modeling, toxicology and property valuation, and clients benefit from his ability to distill and present complex data in a meaningful and persuasive way in a variety of adversarial and counseling settings. Kirk recognizes the interplay between a client’s regulatory compliance efforts and its litigation risks. He guides clients through effective and efficient resolution of environmental disputes while minimizing negative impacts and disruptions to their business.
Toxic Tort and Environmental Litigation – Kirk represents parties in complex, multiparty litigation involving toxic tort personal injury, property damage, medical monitoring and other claims for injunctive relief. He has successfully obtained exclusion of plaintiffs’ fate and transport expert testimony in toxic tort matters. Kirk has litigated CERCLA cost recovery and natural resource damage claims brought by federal, state and tribal authorities.
Some of Kirk’s recent litigation successes include:
- obtained summary judgment in Illinois state court in favor of mining client relating to personal injury and property damage allegations brought by residential property owners who alleged migration of mine tailings onto their property;
- achieved the exclusion of plaintiffs’ air dispersion modeling expert in personal injury action in Oklahoma federal court alleging exposure to metals transported to residential properties via windborne pathway;
- obtained dismissal of wrongful death claims in Illinois state court brought in connection with alleged exposure to benzene and other petroleum constituents in drinking water;
- obtained summary judgment in Oklahoma federal court on property damage claims brought by approximately 200 plaintiffs alleging reduced property values as a result of alleged soil lead contamination;
- achieved dismissal of over 175 plaintiffs in a property damage case in Oklahoma federal court for failure to adequately respond to written discovery;
- obtained favorable resolution of natural resource damage and property damage claims brought by tribal authorities in Oklahoma.
Environmental Enforcement and Regulatory Compliance – Kirk has represented manufacturing, mining, energy and agribusiness clients in environmental enforcement actions. He is involved in oversight of the investigation and remediation of environmental releases, including participation in state voluntary cleanup programs and advising clients on voluntary disclosure of environmental compliance issues. He has guided responses to state and federal civil and criminal investigations and information requests. He routinely counsels clients on compliance with state and federal environmental laws.
Recent experience includes:
- representing a client in response to EPA Region 5 Section 114 Clean Air Act request for particulate matter air quality monitoring at a mining facility;
- representing a client in investigation of potential gasoline UST releases and associated reporting to U.S. EPA and Illinois EPA;
- representing a client in negotiations with EPA Region 7 and landowner in response to alleged vapor intrusion from solvents in groundwater at a karst site in Missouri;
- representing manufacturing and mining companies in response to governmental demands for investigation and remediation under CERCLA and RCRA in EPA Regions 5, 6 and 7.
Corporate Transactions – Kirk has advised clients on environmental issues relating to corporate transactions, including due diligence and drafting appropriate contract language. He has also assisted clients with post-transaction contractual claims for indemnity and counseled clients on issues relating to disclosure requirements for environmental liabilities.
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).