John Eldridge has almost 30 years of experience in environmental litigation and regulatory practice, with an emphasis on Superfund, property contamination and toxic tort litigation. He has argued several CERCLA appeals before the Fifth Circuit and tried cases in various courts.
John frequently represents buyers and sellers of contaminated properties and assists clients in assessing and addressing environmental risks associated with various business transactions. Internal investigations, environmental crimes, enforcement defense, Clean Water Act permitting and risk based "closure" certifications of contaminated real estate are also significant aspects of his practice. He is admitted to practice before the U.S. Supreme Court, among others.
John has been engaged in such matters as the following:
- Won a five-week trial in a multiparty contamination case.
- Successfully argued Fifth Circuit appeal of a CERCLA statute of limitations ruling.
- Advised a European client regarding major steel manufacturing acquisition.
- Represented an Asian buyer of a U.S. chemical company.
- Won a jury trial involving a shopping center in Houston contaminated with dry cleaning solvents.
- Negotiated complex indemnity and cleanup agreement with the City of Houston involving a contaminated maintenance facility, allowing a multi-million dollar real estate acquisition to proceed.
- Defended and resolved toxic tort suit involving 1,300 plaintiffs.
- Won summary judgment on behalf of major international oil company involving pollution claims by successor owner of a refinery in East Texas.
- Assisted several companies by performing internal investigations of alleged criminal violations.
- Evaluated and negotiated around environmental risks associated with several $100+ million IPOs involving industrial and pipeline properties (representing issuers and underwriters).
- Obtained risk based closure certificate for large contaminated Houston industrial plant, allowing multi-million dollar asset sale by bankruptcy trustee.
- Assisted client in obtaining waste permits and remediation contracts in Mexico.
- Renegotiated the environmental responsibilities stemming from a major refinery and chemical plant transaction.
- Represented a major herbicide manufacturer in a West Coast arbitration.
- Developed environmental policies for a major Australian company's U.S. operations.
Selected Publications and Presentations
Professional Recognition
- Named one of the Best Lawyers in America 2010 in Environmental Law (Woodward/White, Inc.)
- Named a Texas "Super Lawyer" by Texas Monthly, 2004-2006
- Selected as a Leading Environmental Lawyer in Texas by Chambers USA, 2004-2009
Selected Representative Experience
Carter v. Ballard Sand and Gravel et al. (2003)
Represented a major energy company in a lawsuit filed in Nueces County, Texas, by approximately 40 families who claimed that a refinery waste disposal pit in their neighborhood caused personal injuries and property damages. The jury returned a verdict for the company following a trial of the claims of the “trial plaintiffs.”
Achee v. Port Drum Co., 197 F. Supp. 2d 723, 735-36 (E.D. Tex. 2002)
Represented manufacturer in 1,200-plaintiff toxic tort and property contamination case brought in Beaumont, Texas. Case resulted in a favorable result of a summary judgment and favorable settlements.
Defense of Toxic Tort and Property Damage Claims
We represent a chemical company in defense of toxic tort and property damage claims in Atlanta, GA and and Knoxville, TN.
El Paso - Superfund
Represented El Paso in a major Superfund matter that was tried in federal court in Beaumont, Texas over many weeks.
Geraghty and Miller, Inc. v. Conoco, Inc., 234 F.3D 917 (Fifth Circuit)
Prosecuted a successful appeal on issues regarding statute of limitation and the definition of certain key terms under CERCLA, including 'operator' liability.
Robert Sanchez, et al. v. Sunoco, Inc., et al No. 03-61284-1 (In the County Court at Law No. One of Nueces County, Texas)
Represented three clients in property contamination cases in Corpus Christi, Texas.
Online Publications
05/05/2009 -
Supreme Court Limits Superfund Liability – In Two Ways
The United States Supreme Court yesterday handed down its eagerly awaited opinion in the consolidated cases of BNSF v. U.S. and Shell Oil Company v. U.S., on the issues of arranger liability and joint and several liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), or Superfund. On both issues, the Court ruled eight to one in favor of the potentially responsible parties, and those rulings should have positive repercussions for defendants in other cases involving these issues.