Duke K. McCall, III

Duke has been recognized as a leader in the field of environmental law and environmental litigation by numerous organizations, including Chambers USA, The Best Lawyers in America, Lawdragon Green 500, and The Legal 500.

Duke also assists clients with environmental due diligence, developing environmental compliance programs, conducting internal investigations relating to environmental matters, pursuing insurance coverage for environmental liabilities, and navigating issues at the intersection of environmental and bankruptcy laws. Additionally, he advises clients on the requirements of numerous environmental programs established under federal and state environmental laws and regulations, international environmental treaties, and foreign environmental laws and regulations.

Duke frequently speaks on environmental law matters, is the author of the “Clean Water Act Handbook,” the Clean Water Act chapter of the “Environmental Law Handbook,” and served on the editorial board of the Environmental Liability, Enforcement & Penalties Reporter. He previously clerked for Judge William W. Wilkins of the US Court of Appeals for the Fourth Circuit, and Judge William B. Traxler, Jr. of the US District Court for the District of South Carolina.

• Represents a client in the oil and gas industry defending against claims alleging liability for damages attributable to climate change
• Represents an industry association in a proposed rulemaking under the Resource Conservation and Recovery Act (RCRA) that would dramatically alter how the program has been administered for the past 40 years
• Defended a utility client against claims alleging massive damages arising from a leak of natural gas from an underground storage facility
• Represents two multi-industry organizations focused on reforming and improving the US Environmental Protection Agency’s (EPA) administration of the Superfund and RCRA Corrective Action programs
• Represents a client in the oil and gas industry against claims filed in state courts around the country alleging personal injuries arising from asbestos exposure
• Represented a chemical industry client in contribution litigation alleging liability for costs to clean up the Centredale Manor Restoration Project Superfund Site
• Represented a minority, non-operating investor in the trial of Clean Water Act claims related to the Deepwater Horizon oil spill
• Represents a chemical-industry client in connection with matters related to the cleanup of the Passaic River in New Jersey
• Represented a large oil and natural gas exploration and production company in defending, through trial, claims brought by the federal government and a bankruptcy debtor alleging that the client is liable for actual fraudulent transfer, constructive fraudulent transfer, and breach of fiduciary duty as a result of a corporate reorganization and spin-off alleged to involve environmental and toxic tort liabilities at thousands of sites around the country
• Defended clients against vapor intrusion claims alleged to arise from the operation of a bulk fuel terminal adjacent to the Plaintiff’s property
• Represented a major oil field services company in litigation and an arbitration concerning responsibility for environmental liabilities after a series of internal corporate reorganizations and divestitures
• Advised a Fortune 50 client on climate risk disclosure obligations in securities filings
• Defended a major electric utility against, and obtained a favorable settlement of, claims that the utility violated the New Source Review (NSR) provisions of the Clean Air Act
• Successfully defended a group of companies cleaning up a Superfund site against claims by the group’s remediation contractor seeking additional monies for work performed at the site
• Secured the dismissal of citizen suits filed against a client under the Clean Water Act
• Convinced the US Environmental Protection Agency (EPA) of a client’s non-liability for response costs under CERCLA after the agency had identified the client as a potentially responsible party under CERCLA
• Advised a client on the restrictions applicable to the export of hazardous wastes from the US to a foreign country