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William J. (Bill) Brady

Of Counsel
  • T: (303) 839-3992
    F: (303) 839-3838
  • Denver

Bill Brady is a trial lawyer with more than 35 years of experience in litigating environmental, insurance coverage and hazardous waste disposal cases on behalf of policyholders, including corporations, local governments, mining companies, aircraft manufacturers and other business and individual clients. His practice focuses upon releases of petroleum and petroleum based products, toxic chemicals, chlorinated solvents, heavy metals and radioactive substances. He has appeared in courts throughout the U.S. and in the Royal Courts of Justice in England, litigating against London Market insurance companies, Lloyd’s of London syndicates, and French, German, Swiss and other foreign excess and reinsurers underwriting coverage in the London Market.

Bill has also testified in Congress on ”Superfund” and environmental remediation issues, and has participated in conferences sponsored by the White House, the EPA and the Colorado Department of Public Health and Environment. Additionally he has been a frequent guest on “Law Cast,” a nationally broadcast U.S. radio program dealing with insurance, tort and trial issues, and has served as a commentator locally for NBC News in Denver.

Bill currently serves as an adjunct professor at the University of Denver, Sturm College of Law, teaching hazardous waste and toxic torts, insurance and environmental protection law in one of the premiere environmental and natural resources law programs in the U.S. He also has taught in University of Denver University College, Graduate Environmental Policy and Management Program.

Bill is also widely published, having authored over twenty-five professional journal articles, including authoring the chapter on environmental insurance for the treatise, “Environmental Regulation of Colorado Real Property,” Bradford Publishing Company, Denver, Colorado, June 2007, and revised supplement, 2011, and the Professor’s Manual for the text, “The Regulation Of Toxic Substances And Hazardous Wastes,” University Casebook Series, Foundation Press, Eagan, Minnesota, September, 2002 (author of chapters on Superfund and toxic torts). He has also written and directed a film on due process of law, “The Cornerstone,” narrated by the late Raymond Burr (TV’s “Perry Mason”) wherein he also interviewed current U.S. Supreme Court Justice Anthony M. Kennedy.

Colorado has been among the leading U.S. jurisdictions recognizing the rights of policyholders to recover for their environmental liabilities. Bill represented, tried and argued on appeal for the prevailing policyholders in several of the leading environmental insurance coverage cases. Corporate clients have included Cyprus Amax Minerals Corporation; Phelps Dodge Corporation (now Freeport McMoRan); Thompson Creek Metals; Washington Group International; Wendy’s International, Inc.; Australian (MasterSoft International), German (Degussa Corp., now Evonik-Degussa) and Canadian (Dominion of Canada, Kay-Son Steel) companies; the City of Reno, Nevada, and the family of William Lear (Learjet) and various Lear corporate defendants at the Reno‑Stead Airport in northern Nevada. In Colorado, Bill has successfully represented Graebel Van Lines; the Denver Technological Center; Mike Leprino (Leprino Foods); and South Metro Fire Rescue. Spencer Fane also represents in excess of 150 local government entities in the State of Colorado, and Bill has represented the Cities of Aurora, Arvada, Craig, Denver, Englewood, Glendale, Lakewood, Littleton, Longmont, Telluride and Wheat Ridge.

Bill also represents clients in serious injury and wrongful death cases. He has been active at several “extreme exposure” radiation sites, including the Rocky Flats (CO), Fernald (OH) and Savannah River (SC) nuclear weapons facilities where he won a major victory for former nuclear energy workers diagnosed with cancer. Active and on-going involvement in the defense of Superfund potentially responsible parties (“PRPs”) includes the Lowry Landfill Superfund Site (Denver), the Heartland of America Superfund Site (Omaha), the Stead Solvent Site (Reno), F. E. Warren Air Force Base (Wyoming), several mining sites in the western United States and New Zealand, and assistance with compliance issues at the Rocky Flats Former Nuclear Weapons Facility Superfund Site (Golden). Bill also assisted on insurance coverage issues and assumed responsibility for settlement discussions in the Redfield Rifle Scopes litigation in Denver, a class action suit involving the largest release of groundwater contaminants/toxic gas/chlorinated solvents in U.S. history.

Bill has been a frequent contributor to the annual Intersol program held in Paris and Lyon, France, having presented in 2008 through 2012. He is also a member of the Intersol Scientific Committee.

PUBLICATIONS

  • Hydraulic Fracturing Regulation in the United States: The Laissez-Faire Approach of the Federal Government and Varying State Regulations, 14 Vermont J. Env. Law 39 (2013). This article centers on the debate involving potential impacts from “fracking” on groundwater resources and the status of regulatory efforts to control, limit or ban hydraulic fracturing in energy production operations. Bill and co-author James Crannell provide a survey of U.S. state regulations and EPA’s reluctance to issue further guidance without more study of the potential consequences to the environment. It also focuses on recent and potential future developments, moratoria and outright bans in the U.S. and Europe.
  • Environmental Regulation of Colorado Real Property. Stephen A. Bain, Editor, Bradford Publications, 2007 and 2011 Supplement (Bill is the author of chapter on Environmental Insurance). The chapter emphasizes key Colorado, precedent-setting decisions widely followed nationally. Additionally, the chapter discusses newer, specialized, environmental liability insurance products available for existing and prospective purchasers of contaminated properties, such as pollution legal liability insurance, remediation stop/loss or cost cap coverage, and secured creditor impaired property policies. February, 2007
  • The Regulation of Toxic Substances and Hazardous Wastes, Chapters on Superfund and Toxic Torts, Professor’s Manual, University Casebook Series published by Foundation Press, 2002.
  • City of Littleton, Wallis and Insurance for Multi-Year Liability Claims, William J. Brady and Lisa K. Mayers. The authors are coverage counsel who represented the City of Littleton in City of Littleton v. Compass Insurance, both in the trial court and before the Colorado Supreme Court. 29 Colo. Law. 5 (Feb. 2000)
  • Compass Insurance Co. v. City of Littleton–Colorado Supreme Court Adopts Second Discharge Analysis in Finding Insurance for City Environmental Liabilities, William J. Brady and Lisa K. Mayers. The Colorado Supreme Court issued this landmark decision addressing insurance coverage for the cities of Littleton and Englewood at the Lowry Landfill. It held that insurance companies issuing standard form comprehensive liability (CGL) insurance policies had to defend the cities against the EPA’s allegations of environmental liability under Superfund. Trial Talk, Vol. 48, Issue 4, August, 1999
  • Comprehensive General Liability Insurance–How to Locate Lost or Missing Policies in Reconstructing Insurance Coverage for Environmental Damage Claims, Trial Talk, Vol. 47, Issue 7, August, 1998
  • Reconstructing Insurance Coverage for Environmental Damages Claims from Secondary Sources, Trial Talk, Vol. 47, Issue 8, August, 1998
  • Recovery of Non-Economic Damages in Delayed Diagnosis of Cancer Cases, William J. Brady and Lisa K. Mayers, 27 Colo. Law. 95 (Nov. 1998)
  • Co-Author of Treatise Environmental Insurance Coverage: Key Issues and Answers, National Business Institute, November, 1996
  • Contributor, “Negligent Or Not?” Journal of Dermatopathology: Practical and Conceptual, July-Sept. 2001;July-Sept. 2000; July-Sept. 1999; April-June 1999; Jan.-Mar. 1999; Jan.-Mar. 1997;July-Sept. 1997 and Jan.-Mar. 1996
  • Insurance Coverage for Environmental Claims, Trial Talk, Vol. 41, Issue 1, January, 1992
  • Series: Environmental Insurance Law, Parts One and Two, “Will Business Insurance Policies Cover Environmental Damage Costs?” The Daily Journal, Vol. 95, Nos. 224 and 229, April 9th and 16th, 1992
  • Recent Attempts to Amend CERCLA and SARA, Trial Talk, Vol. 41, Issue 10, November 1992
  • The Liability of Psychotherapists, Craig Rehabilitation Hospital, Denver, 1989 (revised)
  • The Liability of Psychotherapists, Craig Rehabilitation Hospital, Denver, 1984


PRESENTATIONS

  • Intersol 2012, "Hydraulic Fracturing Regulation in the United States: The Laissez-faire Approach of the Federal Government and Varying State Regulations,"Paris , France
  • Intersol 2011, "Déchets et Sols: Etudes de cas aux Etats Unis et Jurisprudence Assurance, (Waste and Soils: U.S. Legal Cases and Insurance Precedents)," Lyon, France
  • Intersol 2010 and 2009, Various Environmental Insurance Coverage Topics, Paris, France
  • Intersol 2008, Aspects of the European Union Environmental Directive and “Assurances Environnementaux,” Paris, France
  • Environmental Insurance Coverage Seminar, Colorado Special District Association, Annual Seminar on Municipal Law, 2000, Vail, Colorado
  • Colorado Municipal League and CML Municipal Attorneys Section, Environmental Regulation of Colorado Real Property, 1999, Denver, Colorado 
  • CLE in Colorado, Environmental Insurance Coverage Seminar, 1997, Denver, Colorado
  • Colorado Municipal League, Environmental Insurance Coverage Seminar, 1997, Fort Collins, Colorado
  • National Business Institute, Environmental Insurance Coverage Seminar, 1996, Denver, Colorado
  • CLE in Colorado Inc., Environmental Insurance Coverage Seminar, 1995, Denver, Colorado
  • Colorado Trial Lawyer’s Association, Environmental Insurance Coverage Seminar, 1994, 1992 and 1991
  • International Municipal Lawyer’s Association, San Diego, California, 1991
  • The Cornerstone, a film on due process of law narrated by Raymond Burr. Institute for Administrative Justice, McGeorge School of Law, University of the Pacific, 1975


REPRESENTATIVE CASES

  • Friedland v.Traveler's Indemnity Co, 105 P.3d 639 (Colo. Sup Ct. 2005) (on the brief)
  • Cyprus Amax Minerals Corp. v. Lexington Insurance Co., et al., 74 P.3d 294 (Colo. Sup. Ct. 2003) (proceedings on remand)
  • Compass Insurance Co. v. City of Littleton 984 P.2d 606 (Colo. Sup. Ct. 1999)
  • Boryla v. Pash, 960 P.2d 123 (Colo Sup. Ct. 1998)
  • Cities of Littleton and Englewood v. Commercial Union Ins. Group, et al. (cert. granted), 940 P.2d 948 (Colo. Ct. App. 1996)
  • Hecla Mining Co. v. New Hampshire Ins. Co., 811 P.2d 1083 (Colo. Sup. Ct. 1991) (Attorney for amicus curiae CTLA)
  • The Lowry Landfill Superfund Administrative Action, Sections 104, 106, and 107 of CERCLA and Section 7003 of RCRA, and associated contribution litigation under Section 113 of CERCLA (1988 through 1994).
  • In the Matter of Henry Charles Wolf, No. 10027492-2006, appeal proceedings under the Energy Employees Occupational Illness Compensation Program Act.(Final Adjudication Branch, U.S. Department of Labor, 2007)


Memberships

  • Faculty, Environmental and Natural Resources Law Program, University of Denver, Sturm College of Law, (2000 to present)
  • Faculty, Environmetal Policy and Management Graduate Program, University of Denver, (2000 to 2006)
  • Intersol Scientific Committee (2009-present)
  • Arapahoe County Bar Association
  • Colorado Bar Association
  • Colorado Municipal League (Environmental Committee, 1991 1994)
  • Colorado Trial Lawyers Association (Environmental Task Force, 1992 1999)
  • United States Air Force (1969 to 1972)

Distinctions

Selected for inclusion in Colorado Super Lawyers 2014®