Eric Lukingbeal

Eric Lukingbeal

Of Counsel

    • Practice Areas

Eric Lukingbeal

Of Counsel

  • Overview

    Biography

    Eric Lukingbeal is a lawyer in the Environmental + Utilities Practice Group. In the 1980s, he was chair of the firm's Litigation Section. His practice involves environmental litigation, predominantly Superfund, toxic torts, environmental contamination, enforcement defense, citizen suits under the Clean Water Act, and public trust matters. He has tried jury and court cases in Connecticut state and federal courts since 1974.

    Eric co-wrote the Connecticut chapter of the Environmental Law Practice Guide (Matthew Bender, 1993), and was a member of the advisory panel appointed by the American Arbitration Association in Connecticut to establish rules for mediation and arbitration in environmental matters. He has written several articles on mediation, including "Environmental Mediation: Advantages for Parties and Insurers," a Claims Forum for the American Arbitration Association in 1997, and "The Magic of Mediation," published in the Yankee Oilman in 1996. Eric is a special master for the U.S. District Court for the District of Connecticut.

    Eric was counsel for the railroad in the leading case of Andrews v. Metro North Commuter Railroad, 882 F.2d 705 (2d Cir. 1989), which set important limitations on the use of so-called forensic engineers as expert witnesses. He was also counsel for an environmental engineer in Bernbach v. Timex Corp., 989 F. Supp. 403 (D. Conn. 1997). This case limits the claims that can be asserted against environmental engineers by third parties. In addition, Eric represented the successful plaintiff in an agricultural nuisance claim, which resulted in the Connecticut Supreme Court revising the common law of nuisance. Pestey v. Cushman, 259 Conn. 345 (1999).

  • Experience
    • Experience

      Experience

      • Represented a concrete manufacturer in federal court litigation involving environmental (RCRA citizens suit), wetlands issues, and NPDES permitting.

      • Environmental

      • Representation as lead counsel in defending a drum recycling company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action in U.S. District Court for the District of Rhode Island concerning the Centredale Manor Restoration Project Superfund site in North Providence, Rhode Island. The Superfund site includes a nine-acre peninsula where various entities operated a chemical manufacturing facility and the client operated a drum reconditioning facility. The principal containment of concern is dioxin. Estimates from the U.S. Environmental Protection Agency exceed $100 million.

      • Environmental Litigation

      • Defended a Fortune 500 company in a $250 million, 400-member class action in Colorado state court involving claims of groundwater contamination and vapor intrusion. Matter settled for less than 10 percent of original claim.

      • Other Experiences

      • Served as special counsel under the direction of the New Jersey Attorney General's office to the New Jersey Meadowlands Commission (formerly known as the Hackensack Meadowlands Development Commission), an agency of the State of New Jersey which owns, or will acquire, an area in excess of 1,000 acres.

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    • Professional Associations

      Professional Associations

      Connecticut Bar Association
      Planning & Zoning Section, Executive Committee (1980 - 1990)
      Environmental Law Section (1990 - present)

      American Association for the Advancement of Science (1998 - present)
    • Honors + Awards

      Honors + Awards

      Selected to the Connecticut Super Lawyers list from 2006 to 2019.

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ in the areas of Environmental Law; Zoning, Planning and Land Use Law; Litigation; Toxic Torts; and Nuisance Odor Litigation (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

      Connecticut Bar Foundation, James W. Cooper Fellow, 2013

    • Community Involvement

      Community Involvement

      Town of Granby, Connecticut
      Planning and Zoning Commission

      Granby Land Trust
      Board Member

      Lower Farmington River and Salmon Brook Wild and Scenic Study Committee
      Granby Representative

      Friends of Holcomb Farm, West Granby, Connecticut
      Secretary and Board Member
      Past President

      Connecticut Forest and Park Association
      Past President and Honorary Board Member
      Member, Public Policy Committee