Environmental Torts & Property Damage
David Driscoll began his career as an environmental litigator as an Assistant Attorney General in the Colorado Department of law in Denver, where he was one of a small group of lawyers assigned to represent the Colorado Departments of Health and Natural Resources in natural resource damage actions brought under CERCLA, 42 U.S.C. § 9601, et seq., in the United States District Court for the District of Colorado. Throughout his career he has handled a wide variety of environmental and property cases, ranging from superfund lawsuits to river pollution to household fire damage.
Jeff Rose also began his career in environmental litigation, having clerked at the Sierra Club Environmental Law Program's Boulder, Colorado office, where he worked on issues ranging from litigation under the Clean Water Act, 33 U.S.C. §§ 1251-1387, to action under R.S. 2477, a federal statute governing rights-of-way through public and private land. He continues to represent property owners and businesses in matters ranging form fire damage insurance claims to wetland remediation.
More recently, in 2014-15, David Driscoll and Jeff Rose successfully represented landowners in a complex damages action in Teller County, Colorado, for damage to land and aquatic life resulting from a massive sediment release from an aging reservoir. The release filled in what had been a football field-sized scenic pond on one property and badly damaged two miles of trout fishery on a second property. Until days before trial, the responsible parties denied liability. Even during trial, the defendants disavowed responsibility for a clean-up of the pond on a theory that the owner lacked necessary water rights to store water in the pond, and disavowed responsibility to clean up the trout stream on a theory that nature or would restore any damage. Further details are provided below under Recent Cases.
David Driscoll has also twice served as an arbitrator in fully-contested disputes related to crop damage claims.