Nancy Wilms
Nancy Wilms is an environmental litigation partner with more than 30 years of experience in complex litigation matters. She represents major generators and de minimis PRPs nationwide in multiparty CERCLA and private cost recovery actions both with and without regulatory enforcement components. She also has a breadth of common counsel experience and defends clients against citizen’s suits brought under the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA).
In recent years, Nancy has developed a particular focus on representing municipal clients in high-profile wastewater collection and treatment system litigation against coalitions of federal and state regulators and non-governmental organizations. In addition, she has extensive experience handling groundwater contamination cases brought by municipalities and water districts seeking damages and injunctive relief under both federal and state law theories.
Nancy’s work encompasses all phases of environmental litigation and administrative actions, including negotiation of settlement agreements, organization and management of PRP groups, work with consultants on site evaluations and remedial alternatives, and development of strategic plans to implement the client’s goals. Nancy has extensive experience successfully negotiating consent decrees, remedial designs, and related documents with federal and state agencies. Her practice also includes agency enforcement actions and environmental audits.
Her skill at working collaboratively with multiple defendants while maintaining the client’s strategic direction leads to cost-effective resolution of complex cases. Nancy understands that the client’s goals for the outcome of each matter are paramount and strives to minimize the business disruption that too often comes with high-stakes litigation.
In 2012, Nancy was appointed to the City of South Pasadena’s Natural Resources and Environmental Commission. She was re-appointed for a second term in 2015.
Prior to joining Edgcomb Law Group, Nancy worked at the Los Angeles offices of two multi-national law firms for a combined 30 years. She joined Edgcomb Law Group in 2013, as one of the first partners in the Southern California office.
Significant Representations
- Represented municipality in connection with appeals of NPDES permits for several wastewater treatment plants, contesting permit conditions involving effluent limitations, monitoring requirements and compliance schedules.
- Represented multi-facility recycling company in connection with CWA citizen suit alleging violations of the NPDES Industrial General Storm Water Permit.
- Represented former chemical distributor in Consent Decree negotiations and implementation in connection with alleged regional groundwater contamination.
- Represented non-operating investors in the Macondo oil well against claims for damages asserted by tens of thousands of private parties, and by federal and state governments, arising from the Deepwater Horizon incident.
- Represented agricultural chemical manufacturer in coordinated proceedings encompassing 13 separate actions arising from allegedly contaminated drinking water supplies.
- Represented municipality in administrative proceedings and CWA citizen suit litigation alleging NPDES permit violations regarding its wastewater collection and treatment system, including administrative action seeking to renew the 301(h) waiver from secondary treatment at two wastewater treatment plants.
- Represented Fortune 50 corporation against federal and state claims brought by current and former owners of adjacent property seeking injunctive relief, and compensatory and punitive damages, arising from alleged soil and groundwater contamination.
- Represented municipality in multi-party CERCLA enforcement action involving one of the nation’s largest Superfund Sites — a landfill which accepted both industrial and municipal liquid and solid waste.
- Represented municipality in a breach of contract case involving responsibility for landfill gas migration to a residential community.
- Represented aerospace company in CERCLA and state Superfund litigation (Chatham Brothers Barrel Yard Site).
- Represented municipality in connection with federal, state and citizen suit litigation alleging CWA violations of NPDES and state waste discharge requirements arising from its wastewater collection system.
- Represented joint defense group at the former Cal Compact Landfill in California against claims by the site owner and state regulators.
- Represented major agricultural chemical manufacturer and distributor in CERCLA litigation involving both private cost recovery claims and federal administrative action. Successfully argued two appeals to the Eighth Circuit on behalf of joint defense group in connection with the litigation, which was ultimately resolved in favor of client on summary judgment.
- Represented pesticide manufacturer in a breach of contract case involving environmental contamination at newly acquired manufacturing facilities. After a victory was obtained in the first phase of arbitration, including an award of attorneys’ fees, a successful settlement was reached.