Overview
Brian Israel is Co-Chair of the Environmental Litigation practice at Paul Hastings, and he is based in the firm’s Washington, D.C. and Los Angeles offices. Brian's practice focuses broadly on environmental litigation, crisis management, and counseling—including climate-related issues—and he is one of the nation's leading lawyers for Natural Resource Damages (NRD) claims. Ranked Band 1 by Chambers USA, Brian is coined as “brilliant, a powerhouse environmental lawyer. A strategic thinker and seasoned negotiator.” Clients praise his ability to “take complex issues and make them manageable for business people to understand, while also thinking through the innovative strategies to advance [their] position.”
Over the course of his career, Brian has successfully litigated and/or resolved over one hundred environmental matters. Among other areas, he specializes in cases brought under federal and state environmental laws related to contaminated sites, including toxic tort lawsuits. Brian represents multiple Fortune 500 companies in some of the largest and most complex environmental matters across the country. He was lead counsel to BP in relation to Deepwater Horizon environmental issues, and was one of the lead attorneys at the Deepwater Horizon Clean Water Act (CWA) penalty trial.
Brian was an Honors Trial Attorney in the Environmental Enforcement Section of the U.S. Department of Justice (DOJ). While at the DOJ, he handled several high-profile cases, including the largest NRD trial at the time. Additionally, Brian was awarded the Distinguished Service Award for his accomplishments in a Clean Air Act jury trial during his time at the DOJ. He also litigated claims on behalf of the U.S. Environmental Protection Agency pursuant to the Clean Water Act; the Resource Conservation and Recovery Act (RCRA); and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Before joining the DOJ, Brian clerked for the Honorable Julia S. Gibbons of the U.S. District Court for the Western District of Tennessee.
Brian has spoken and written extensively about environmental law and policy issues. He is a principal author of "Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases" (ABA, 2019), the definitive treatise on NRD claims. Brian is also the co-editor of the recently published book (ABA 2023), “Environmental, Social, Governance: The Professional’s Guide to the Law and Practice of ESG.” For nearly twenty years, Brian has maintained and regularly updated the State-by-State Guide to NRD Programs in all 50 states and Puerto Rico. He is the author of the "Natural Resource Damages" chapter in the Environmental Law Practice Guide (Gerrard, ed.). Brian has published on many other environmental law topics including environmental enforcement, crisis management, climate policy, corporate liability, regulatory reform, trial strategy, and Superfund. Brian's student note, "An Environmental Justice Critique of Risk Assessment," is published in the NYU Environmental Law Journal.
Representative Matters
Natural Resource Damages
- BP, as lead environmental counsel, relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, overseeing all legal and evidentiary aspects, including a large team of lawyers and experts. Brian successfully negotiated a global consent decree with the U.S. Department of Justice, the Department of Interior, NOAA, Louisiana, Mississippi, Alabama, Florida, and Texas, resulting in a final resolution of BP's NRD and Clean Water Act liability stemming from the Deepwater Horizon incident. In addition, in 2011, Brian negotiated a novel US$1 billion "early restoration" agreement allowing restoration to begin prior to the completion of the NRD assessment. Brian was also one of the lead trial attorneys in the related Clean Water Act litigation.
- Honeywell, as lead counsel for its Syracuse portfolio, including Onondaga Lake, one of the largest lake Superfund sites in the United States. Brian represents the company in all aspects of its environmental liabilities in Syracuse, including successful consent decree negotiations with the state of New York, natural resource damage claims asserted by federal and state trustees, successful cost recovery claims by the U.S. EPA, and affirmative third-party contribution claims asserted against other potentially responsible parties. Brian was also lead counsel in the successful defense against a citizen suit seeking property and other damages at the site. Brian argued and won the matter at both the U.S. District Court and the Second Circuit Court of Appeals.
- Chemours, as co-lead counsel, in Clean Water Act litigation brought by the State of North Carolina, relating to the discovery of PFAS chemicals in the Cape Fear River in North Carolina. Brian is also co-lead counsel in related toxic tort class action lawsuits and affirmative litigation against the U.S. EPA.
- Dow Chemical, as lead NRD counsel, representing the company at the Tittabawassee River and Saginaw River outside of Midland, Michigan. Brian successfully negotiated a consent decree resolving Dow's NRD liability at the site.
Climate Change
- BP, as lead counsel, related to the successful resolution of proposed local land use legislative amendments associated with refinery expansions and state environmental review.
Matters may have been handled prior to joining Paul Hastings.
Recognitions
- Chambers USA, Environment (Washington, D.C.), Band 1 (2013-2024)
- The Legal 500 U.S., “Leading Lawyers” Environment: Litigation (2016 -2019, 2022-2024)
- The Legal 500 U.S., “Leading Lawyers” Environment: Regulatory (2016-2019, 2022-2024)
- The Legal 500 U.S., “Leading Lawyers” Industry Focus: Environment: Litigation (2022)
- The Legal 500 U.S., Product Liability, Mass Tort and Class Action: Toxic Tort — Defense (2018-2019, 2022)
- The Legal 500 U.S., Energy: Regulatory — Conventional Power (2019, 2022)
- Lawdragon 500, Leading Litigators in America (2023)
- Lawdragon 500, “Leading U.S. Lawyer” – Environmental Litigation & Counseling (2021-2022)
- Lawdragon Green 500, Leaders in Environmental Law – Environmental Litigation & ESG Practice (2023-2024)
- Best Lawyers, Litigation – Environmental (2020-2023)
- Best Lawyers, Environmental (2022-2023)
- WWL: Environment & Climate Change, Environment (2021)
- The National Law Journal Award, Energy & Environmental Trailblazer (2017)
Education
- University of California, Berkeley, School of Law, Certificate, Sustainable Capitalism and ESG 2022
- New York University, J.D. (cum laude) 1995
- University of South Florida, B.A. 1991
Representations
Natural Resource Damages
- BP, as lead counsel, in NRD matters relating to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, overseeing all legal and evidentiary aspects, including a large team of lawyers and experts. Brian successfully negotiated a global consent decree with the U.S. Department of Justice, the Department of Interior, NOAA, Louisiana, Mississippi, Alabama, Florida, and Texas, resulting in a final resolution of BP's NRD and CWA liability stemming from the Deepwater Horizon incident. In addition, in 2011, Brian negotiated a novel US$1 billion "early restoration" agreement allowing restoration to begin prior to the completion of the NRD assessment.
- Honeywell International, as lead counsel, in resolving NRD claims at Onondaga Lake, one of the largest Superfund sites in the United States. Brian successfully negotiated a precedent-setting settlement of Honeywell's NRD liability, including an innovative combination of recreational and ecological projects.
- Dow Chemical, as lead NRD counsel, representing the company at the Tittabawassee River and Saginaw River outside of Midland, Michigan. Brian successfully negotiated a consent decree resolving Dow's NRD liability at the site.
- Multi-national agricultural corporation related to potential NRD claims resulting from phosphate mining operations in the western United States. Brian is representing the company in all aspects of the Natural Resource Damages Assessment.
- Solutia/Eastman Chemical, as lead counsel, with respect to potential NRD liability at PCB manufacturing plants in Alabama and Illinois.
- CBS, as lead counsel, for natural resource damages claims at the Palmerton Zinc Superfund Site near the Appalachian Trail in Palmerton, Pennsylvania. Brian has led the company's defense of the claim including successful negotiations with the trustees and negotiation of a final consent decree.
- Fortune 100 company, as lead counsel, to advise on NRD assessment, settlement and litigation strategy related to a large, contaminated river site in the Northeast United States.
- Motorola, as lead counsel, for a successfully resolved natural resource damages case in Puerto Rico.
- While at the U.S. Department of Justice, Brian was one of the lead government lawyers prosecuting the Montrose DDT litigation which alleged massive natural resource damages off the coast of the Palos Verdes shelf.
Litigation
- BP, as one the lead trial attorneys, in the Clean Water Act litigation and trial. Following the completion of the trial, Brian successfully negotiated a global consent decree with the U.S. Department of Justice resolving BP's liability stemming from the incident.
- Honeywell, as lead trial counsel, in the successful defense against a citizen suit seeking property and other damages at the Onondaga Lake Superfund Site in Syracuse, New York. Brian argued and won the matter at both the U.S. District Court and the Second Circuit Court of Appeals.
- Chemours, as co-lead counsel, in Clean Water Act litigation brought by the State of North Carolina, relating to the discovery of PFAS chemicals in the Cape Fear River in North Carolina. Brian is also co-lead counsel in related toxic tort class action lawsuits.
- Conservancy of Southwest Florida, as lead trial counsel, in a matter seeking to enforce local land use requirements associated with a large, proposed development in Collier County, Florida. After prevailing on appeal, Brian negotiated a successful resolution of the matter.
- CSX, as lead counsel, in a putative class action, which sought damages related to a fire at a hazardous waste disposal facility. Brian successfully negotiated a resolution of the claim.
- Komatsu, as lead trial counsel, with respect to injury and wrongful death claims at a subsidiary's plant in Washington state. Brian successfully defended the claim at the U.S. District Court and prevailed on motion for summary judgment in the Ninth Circuit Court of Appeals.
- Former chemical company in successfully settling two class actions seeking US$1 billion in damages for alleged diminution in property values and personal injury from groundwater plume associated with a fertilizer manufacturing facility.
- Ms. Evelyn Arthur, as co-lead counsel, in a pro bono matter on behalf of an elderly, deaf woman denied reasonable accommodations in public housing.
Climate Change
- BP, as lead counsel, related to proposed local land use legislative amendments associated with refinery expansions and state environmental review.
- Fortune 50 company related to regulatory issues associated with carbon capture and sequestration across multiple jurisdictions in the United States.
- Environmental Law Institute, as lead counsel, in a pro bono initiative to assist the State of Israel in drafting comprehensive climate legislation.
- Fortune 100 company to advise on climate change litigation and regulatory efforts across the country.
- Fortune 100 company to advise on sustainability-related issues in the context of a large Superfund remediation.
Contaminated Sites
- Honeywell, as lead counsel for its Syracuse portfolio, including Onondaga Lake, one of the largest lake Superfund sites in the United States. Brian represents the company in all aspects of its environmental liabilities in Syracuse including consent decree negotiations with the state of New York, natural resource damage claims asserted by federal and state trustees, cost recovery claims by the U.S. EPA, and affirmative third-party contribution claims asserted against other potentially responsible parties.
- Honeywell, as lead counsel, at the LCP Superfund Site in Brunswick, Georgia, including claims for Natural Resource Damages.
- Fortune 500 company, as lead counsel, with regard to a controversial remedy selection at a large river site in the central U.S.
- Motorola, as lead counsel, at the North Indian Bend Wash Superfund Site in Scottsdale, Arizona. Brian represented the company in all aspects of the cleanup investigation and remediation, involving TCE contamination in groundwater.
- Fortune 100 company, as lead counsel, in property and liability transfer of a heavily-contaminated, former rail transfer station near Boston, Massachusetts.
- Honeywell, as lead counsel, at over 2 dozen Superfund sites across the country, including sites with groundwater, soil, and surface water contamination. Brian has handled all aspects of these matters from negotiation and implementation of a remedy, to allocation amongst potentially responsible parties, to resolution of NRD claims.
Matters may have been handled prior to joining Paul Hastings.
Engagement & Publications
- Co-editor, “Environmental, Social, Governance: The Professional’s Guide to the Law and Practice of ESG” (ABA, 2023)
- Author, “Natural Resource Damages: A Guide to Litigating and Resolving NRD Cases” (ABA, 2019)
- Author, “Natural Resource Damages” (Environmental Law Practice Guide, Gerrard, ed.)
Involvement
- Fellow: American College of Environmental Lawyers (ACOEL)
- Chair: Friends of Israel’s Environment
- Member: Environmental Law Institute’s Leadership Counsel
- President: Ohr Kodesh Congregation in Chevy Chase, Maryland (2009-2011)
- Founding Board Member and Vice-Chair: Warrior Expedition, a veteran nonprofit outdoor therapy program (2015-2020)
- Founding Board Member: Khumbu Research Center, a non-profit scientific laboratory in Nepal designed to help study the impact of climate change on high-altitude habitats.