Principals

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

Representative Experience   

Litigation  

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  

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. 

Transactional  

Negotiate complex corporate and real estate transactions involving manufacturing facilities, utilities, brownfields, liability transfers, environmental insurance and risk quantification.

• Counsel chemical manufacturers on acquisition of various complex interrelated processes at multiple facilities where each process was co-owned or operated with another chemical company.
• Counsel financial institutions on investments and applicable regulatory and technology issues.
• Counsel more than one hundred manufactures and other companies on the acquisition and sale of real estate.
• Counsel client on the acquisition of a leasehold interest in a turbine at a power plant. 

Worker Safety  

• Defense of actions brought by regulators against companies for alleged violations of OSHA regulations.
• Design of auditing and worker safety programs.
• Assist with development of safer work environments  

Other Legal Areas  

• U.S. Customs, including practicing before the U.S. Court of International Trade
• Maritime matters 

Representative Presentations.   

• "Hydraulic Fracturing - OSHA's Silica Exposure Guidelines & Proposed Regulation," 21st International Petroleum and Environment Conference, Houston, Texas (Oct. 15, 2014) 
• "Groundwater Contaminated by Residual LNAPL – Why Clean It Up Anyway?" 20th International Petroleum Environmental Conference, San Antonio, Texas (Nov. 19, 2013) 
• "The Intersection of Environmental Law & Bankruptcy Law," Environmental Committee of the Young Lawyers Section, Chicago Bar Association (March 12, 2013)
• "Hydraulic Fracking Regulatory Update," 19th International Petroleum Environmental Conference, Denver, Colo. (Oct. 30, 2012) 
• "Mock Trial: Examination of Witnesses Regarding the Use and Basis of Demonstrative Exhibits in a Case Involving a Refinery's Alleged Violation of the Clean Air Act's NSR/PSD Regulations," 18th Annual International Petroleum & BioFuels Environmental Conference (Nov. 9, 2011) 
• "Mock Trial: Cross Examination and Impeachment of Expert Witnesses – Everything You Said (and E-Mailed) Can and Will Be Used Against You," 17th Annual International Petroleum & Biofuels Environmental Conference, San Antonio, Texas (August 30 - September 2, 2010) 
• "Keeping the Oil in the Soil: CERCLA's petroleum Exclusion," International Petroleum Environmental Conference (2009) and National Groundwater Association (2009) 
• "State Regulation of Greenhouse Gas Emissions," Met Coke 12th Annual World Summit (October 2008) 
• "Keeping the Magicians at the Gate: Judicial Perspectives on Admissibility and Weight on Plume Modeling," International Petroleum Environmental Conference (2008) 
• "Update on State Initiatives, Climate Change Regulation and Policy," Law Seminars International (2008) 
• "REACH Implementation for Downstream Users," American Chemistry Counsel and Canada's Chemical Producers (2007) 
• "Beyond Horse Trading: Legal Defenses to Natural Resource Damages Claims," National Groundwater Association, Groundwater and Environmental Law Conference (2007) 
• "Natural Resource Damages," Northeast Regional Environmental Public Health Center (2007) 
• "Natural Resource Damages," International Petroleum Institute (2007) 
• "Allocation of Liability Based on Ground Water Modeling: City of Wichita vs. Trustees of the Apco Oil Corporation Liquidating Trust," NGWA Ground Water and Environmental Law Conference (July 2005) 

Representative Publications  

• "CERCLA's Petroleum Exclusion: New Approaches," Chemical Waste Litigation Reporter (January 2010)
•  “The Role of the U.S. in the International Climate Change Policy Arena”, Aspatore Books (2009) 
• "A Brownfield Model Collapses under the Weight of Litigation: City of Wichita v. Trustees of the Apco Oil Corporation Liquidating Trust," Chemical Waste Litigation Reporter (October 2005) 
• "RCRA Criminal Liability," Chemical Waste Litigation Reporter (July 1995)
• "Compliance with the National Contingency Plan," Chemical Waste Litigation Reporter