Duke McCall’s practice focuses on environmental law and complex litigation. He represents clients in contribution actions, enforcement proceedings, citizen suits, toxic tort litigation, and regulatory matters, including actions brought under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act, and analogous state laws.
Additionally, Duke assists clients with environmental due diligence, developing environmental compliance programs, conducting internal investigations relating to environmental matters, and pursuing insurance coverage for environmental liabilities. He also 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 chapter of the Environmental Law Handbook published by Government Institutes, and serves 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 against claims filed in state courts around the country alleging personal injuries arising from asbestos exposure.
Represents 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.
Represents 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.
Furman University, 1990, Bachelor of Arts
Vanderbilt University School of Law, 1993, Juris Doctor
District of Columbia
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the Fourth Circuit
US District Court for the District of Columbia
US District Court for the District of South Carolina
US District Court for the Western District of Michigan
Supreme Court of the United States
Clerkship to Judge William B. Traxler, Jr. of the US District Court for the District of South Carolina (1994 - 1995)
Clerkship to Judge William W. Wilkins of the US Court of Appeals for the Fourth Circuit
Awards and Affiliations
Recommended, Industry focus: Environment: litigation, The Legal 500 US (2019)
Member, Practice Group of the Year, Environmental, Law360 (2017)