Neal H. Weinfield, Esq.
Mr. Weinfield is an accomplished litigator and environmental lawyer with experience in virtually every aspect of law related to scientific issues including class actions, enforcement, compliance counseling and transactions. He has been practicing since 1987, and a partner for more than 22 years with three prominent national law firms. His practice is a blend of representing clients in complex high stakes civil and criminal litigation and advising clients on a wide variety of business matters, including regulatory compliance, transactions and risk management. Mr. Weinfield has a diversified client base with a focus in the industrial and energy sectors, and a strong working knowledge of industrial science including geology, chemistry, biology and physics as well as electronic exchanges, and economics. Mr. Weinfield has first chair trial experience in complex cases of national prominence, is a member of the Federal Trail Bar, and has a successful track record defending clients in federal and state courts. Read More
Representation of class action plaintiffs and defense of corporations in complex high-stakes civil and white collar criminal litigation involving environmental, toxic tort, contract, and regulatory matters in jurisdictions throughout the country.
Representing residents in southeast Orlando in a putative class action against the Orlando Utility Commission’s 1,000 megawatt coal-fired power plant for contaminating 90 square miles of the surrounding community with coal ash that deposited the highly carcinogenic radionuclide polonium-210 and the carcinogen benzo(a)pyrene. The contamination has caused a staggering number of pediatric cancer cases. The community’s developers for siting the homes less than two miles from the plant. Michelle Irizarry v. Orlando Utilities Commission, "
Case No. 2018-CA-13758-O
o Representing residents along the Cape Fear River alleging Dupont and Chemours contaminated their drinking water supple with perflorinated chemicals. Carey v. E. I. DuPont De Nemours and Co. , Case 7:17-cv-00201-D (U.S. Dist. E.D. N.C.).
o Representing the citizens of Flint, Michigan against the government parties and the engineering firms that allegedly contaminated the residents’ drinking water supply. In re: Flint Water Cases.
o Representing the old line futures traders in putative class action against the CME Group for alleged diminution in seat value attributed to high frequency trading at CME Group’s Aurora Data Center. Langer v. CME Group , No. 2014-CH-00829, Cir. Ct Cook County, IL)
o First chaired the defense of the Apco Oil Corporation Liquidating Trust in the nationally significant environmental cost recovery case, City of Wichita v. Trustees of the Apco Oil Corporation Liquidating Trust , 306 F. Supp. 2d 1040 (D. Kansas 2003). After an eight-week trial, the court found the trust liable for only 1.72% of the $33 million cleanup, millions less than sought at trial.
o Defense of a large Nebraska agricultural equipment manufacturer in a toxic tort suit brought by Masry & Vititoe (the plaintiff's firm in the movie Erin Brockovich ) seeking approximately $50 million. Matter resolved for $100,000. Schwann v. CNH America LLC , No. 4:05-CV-3384 (D. Neb. 2005).
o Defense of the former owners of an oil refinery in Oklahoma where USEPA, the state environmental protection agency and the Natural Resources Trustee sought recovery of $165 million for past and future response costs and alleged natural resource damages. Matter resolved for low seven figures. In re: Apco Liquidating Trust , Case No. 05-12355 (U.S. Bankr. Del.).
o Defense of nutraceutical manufacturer that was the target of a governmental enforcement matter seeking $40 million in penalties for alleged CAA and CWA violations. Matter resolved for less than 0.1% of amount sought.
o Represented manufacturer that was the target of a criminal investigation for the alleged disposal of large volumes of hazardous waste in a non-hazardous waste landfill. Activities included extensive waste stream analysis, witness interviews, defense preparation and negotiations with the U.S. Attorney and USEPA. The United States terminated the investigation without seeking an indictment.
o Represented a large multinational specialty chemical company in a criminal enforcement proceeding initiated by the United States Customs Services alleging the fraudulent classification of chemicals imported from China. U.S. Attorney terminated the investigation without an indictment.
Counseling of chemical, pharmaceutical, power generation and food companies, and on compliance with the Clean Air Act, Resource Conservation and Recovery Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act, and Occupational Safety and Health Act.
Negotiate complex corporate and real estate transactions involving manufacturing facilities, utilities, brownfields, liability transfers, environmental insurance and risk quantification.
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