Environment & Natural Resources
The Brattle Group offers comprehensive, cutting-edge analysis for environmental and natural resource litigation and regulatory matters.
Clients have trusted Brattle’s expertise in some of the most significant and most complex environmental litigation matters. They also turn to Brattle to assess the impacts of regulatory proposals, both on affected industries and on the environment. Our clients include law firms, corporations, government agencies, and Native American tribes.
We pride ourselves on approaching each situation creatively and with the correct tools. Our experts are adept at devising sophisticated statistical analyses and using geographic information system (GIS) software to integrate spatial modeling with traditional economic approaches. We are also experienced in designing and conducting surveys to understand consumer behavior, perceptions, and preferences.
Environmental litigation often includes damages claims related to property value diminution, human health effects, and natural resource losses. Brattle consultants have substantial experience estimating these damages using methods that reflect modern economic and statistical approaches that withstand legal scrutiny. These skills also enable us to evaluate the opinions of opposing experts thoroughly and fairly.
Our team’s expertise in environmental economics is complemented by Brattle’s broader spectrum of knowledge in energy, finance, and regulatory consulting, as well as in consumer protection and class action litigation. Brattle is particularly well-established in the energy sector and is a global leader in evaluating policies related to green energy and electrification. This wide-ranging skillset allows our team to efficiently provide comprehensive support to our clients for even the largest and most complex matters.
We have analyzed environmental impacts and damages related to all areas of state and federal actions, including:
- Clean Air Act
- Clean Water Act
- CERCLA/Superfund
- Endangered Species Act
- Oil Pollution Act
- State Common Law Claims
- Regulatory Impact Analysis
Engagements
Areas of Expertise
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Cost-Benefit Analysis
Our work benefits from collaboration between economic experts and industry partners, including trade associations and corporate representatives. We interview stakeholders to understand perceived challenges and opportunities from proposed regulations, which enhances our rigorous economic analysis.
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Greenwashing
Brattle can leverage extensive experience in consumer class actions to advise clients on damages approaches in greenwashing matters.
Our Environment & Natural Resources practice works in collaboration with Brattle’s Consumer Protection & Product Liability practice to deliver a comprehensive assessment of greenwashing claims. Our analyses rely on market data as well as surveys of consumer preferences and perceptions.
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Lost Recreational Use
We evaluate both historical measures of visitation as well as tailored surveys of recreational behavior to establish baseline levels of use and the extent of injury. These data serve as inputs to econometric analyses – ranging from before-and-after approaches to travel cost models – that quantify the value of lost use.
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Property Diminution
To examine the impact of environmental harm on property values, we apply hedonic and repeat sales models for the relevant community. We also consider short-term losses from dislocation and property damage.
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Regional Economic and Environmental Modeling
We assist government and regulatory entities, companies, and associations in analyzing and executing strategies to meet both business objectives and regulations related to air quality and climate change, which continue to be at the center of energy and environmental policy debates. Brattle economists have also actively participated in the development and compliance of the Clean Air Act and related federal and state laws and regulations for more than 30 years.
Brattle has developed in-house regional and national macroeconomic models that enable us to study the impacts of environmental policy on employment, incomes, and tax receipts. These models are frequently combined with our own electricity market simulation and capacity planning tools for closer examination of those markets. These tools also enable us to model changes in air quality related to emissions of greenhouse gases and the Clean Air Act’s criteria pollutants.
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Regulatory Penalty and Remediation Cost Assessments
The Comprehensive Environmental Response Compensation and Liability Act (CERCLA), commonly referred to as Superfund, requires, among other things, the quantification of natural resource damages and the allocation of clean-up and mitigation costs among the principally responsible parties.
By combining information on contaminant sources and levels with site histories, we are capable of addressing issues of divisibility and allocation of costs when multiple parties may be implicated at a site. This experience is also relevant for assessing costs related to infrastructure investments. In particular, we are familiar with the models and methods typically employed by the government, including the EPA’s BEN model.
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Resource Valuation
Our skillset in calculating the value of land and resources can be applied to a variety of matters, including the denial of historic land rights to Native American tribes and restrictions on economic activity arising under the Endangered Species Act.
Explore Related Practices
Related Expertise
Mass Torts
Combining multi-disciplinary expertise with extensive claims analyses, The Brattle Group provides testimony and consulting services related to liabilities arising from mass tort litigation.
Brattle Experts
Contact Our Practice Leader
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Principal
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San Francisco
Dr. Gibbons specializes in applying sophisticated econometric and statistical models to legal, regulatory, and policy issues.
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