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William J. (Bill) Brady

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

William J. Brady is a trial lawyer with more than thirty-six years of experience in litigating civil disputes, most recently insurance coverage, environmental, and hazardous waste disposal cases on behalf of policyholders, including corporations, local governments, elder care facilities, mining companies, aircraft manufacturers and other business and individual clients. His practice focuses upon health related issues, as well as releases of petroleum and petroleum based products, toxic chemicals, chlorinated solvents, heavy metals and radioactive substances. He has appeared in courts throughout the United States and in the Royal Courts of Justice in England, litigating against London Market insurance companies, Lloyd's of London syndicates, and French, German and other foreign excess and reinsurers underwriting coverage in the London Market. In his capacity as an international counsel he has worked with clients and attorneys from around the globe, including Australia, Brazil, Chile, France, Germany, Greece, Italy, Mexico, New Zealand, Spain, and the United Kingdom, among others.

Bill currently serves as an adjunct professor both at the University of Denver College of Law, having taught there for 15 years, as well as teaching in DU's University College, Graduate Environmental Policy and Management Program. He has also testified in Congress on Superfund issues, and has participated in conferences sponsored by the White House, the EPA and the Colorado Department of Public Health and Environment. He has been a frequent guest on "Law Cast," a nationally broadcast radio program dealing with insurance, tort and trial issues, and has served as a commentator for KUSA-TV "9 News" in Denver. Additionally, he has also appeared nationally on Al Jazzera America commenting on the transport of crude oil by rail and catastrophic releases occurring from unsuspected pipeline discharges of petroleum products.

In addition, Bill continues to be active in environmental damage, insurance and personal injury litigation, as well as assisting firm attorneys with commercial, employment, and occasional business, transactional matters. Of note is his representation of Beneficial Living Systems in litigation regarding skilled nursing facilities and insurance coverages; the Cities of Littleton and Englewood at the Lowry Landfill (Denver), where he won coverage for environmental damages after decision by the Colorado Supreme Court; and his representation of aging former nuclear energy workers employed at the Rocky Flats (Colorado), Fernald (Ohio) and Savannah River (South Carolina) nuclear weapons facilities, where he reversed the government's decision on an appeal he filed and argued. He has also assisted with insurance coverage issues and the mediation of settlements at the Redfield Rifle Scopes Site (Denver), one of the largest groundwater contamination cases in U.S. history.

Most recently, Bill has presented research papers since 2008 on insurance coverage for environmental damage claims at the annual Intersol conferences, and on US laws regulating “hydraulic fracking” at Intersol 2012. Held annually in Paris, Lille and Lyon France, Intersol is a prestigious international congress focusing on environmental issues such as the remediation of contaminated soils and groundwater, the transfer of associated risk and the conveyance of "brownfields" sites within the EU, including all aspects of the European Union Environmental Directive and "Assurances Environnementaux." Le Comité Scientifique d'Intersol has also appointed him to serve on their presentation selection committee and to address the more than 500 conference attendees, almost all of whom are from EU Member States. For additional information, please visit the Intersol website at www.intersol.fr. Bill has also delivered numerous white papers and power point presentations in the U.S., as well as written numerous articles as set forth under “Publications and Presentations.”

“Professor” Brady is also widely recognized as an expert in insurance and environmental law, having authored over thirty professional journal articles, including authoring the chapter on Environmental Insurance for the treatise, "Environmental Regulation of Colorado Real Property," Stephen A. Bain, Editor, Bradford Publishing Company, June 2007, (Supplement 2011), and the Professor's Manual for the text ,"The Regulation Of Toxic Substances And Hazardous Wastes" by Applegate, Laitos and Celia Campbell-Mohn, University Casebook Series, Foundation Press, 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, wherein Bill interviewed U.S. Supreme Court Justice Anthony M. Kennedy.

Finally, “Professor” Brady tackled perhaps the most dominant environmental regulatory issue of the day, “hydraulic fracturing” or “fracking.” His article appears in the Vermont Journal of Environmental Law, 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). Professor Brady has also spoken at a national webinar sponsored his firm's environmental practice group, entitled: Navigating Uncertain Waters: Regulatory Developments in Clean Water Act Enforcement, Stormwater Permitting, and Hydraulic Fracturing.

PUBLICATIONS

  • Extraction of Gas and Oil from Oil Shale: Controversy Over Fracking and EU and U.S. Regulations, (L'Extraction de Gaz et de Pétrole de Schistes Bitumineux: La Controverse de la Fracturation dans les Réglementations de l'Union Européenne et Américain), Intersol 2014, World Event Business Solutions, Lille, France, 2014.

  • 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.

  • Navigating Uncertain Waters (Part II): Hydraulic Fracturing Regulation, The Bridge Group, The Lanterns, Bridge Lane, London, UK SW11 3AD, Dallas 2013

  • Navigating Uncertain Waters: Regulatory Developments in Clean Water Act Enforcement, Stormwater Permitting, and Hydraulic Fracturing, National Webinar, Spencer, Fane, Britt & Browne, LLP, 2013

  • Hydraulic Fracturing Regulations in the US, Intersol 2012, World Even Business Solutions, Paris, France

  • Environmental Law, Insurance and Soil, Intersol 2011, World Event Business Solutions, Lyon, France

  • Treatise, "Environmental Regulation of Colorado Real Property" by Stephen A. Bain, Editor, Bradford Publishing Company, June, 2007 (author of chapter on environmental insurance). Supplement, 2011.

  • Professor's Manual, "The Regulation Of Toxic Substances And Hazardous Wastes" by Applegate, Laitos and Celia Campbell-Mohn, University Casebook Series, Foundation Press, September, 2002 (author of chapters on Superfund and toxic torts).

  • City Of Littleton, Wallis, And Insurance For Multi-Year Liability Claims, The Colorado Lawyer, Vol. 29, No. 2 / 5, February 2000.

  • Compass Insurance Co. v. City Of Littleton: Colorado Supreme Court Adopts "Second Discharge" Analysis In Finding Insurance For City's Environmental Liabilities, CTLA Trial Talk, Vol. 48, Issue 4, August, 1999.

  • Recovery Of Non-Economic Damages In Delayed Diagnosis Of Cancer Cases, 27 Colo. Law. 95 (Nov. 1998).

  • Comprehensive General Liability Insurance: How To Locate Lost Or Missing Policies In Reconstructing Insurance Coverage For Environmental Damage Claims. CTLA 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)

  • Reconstructing Insurance Coverage for Environmental Damages Claims from Secondary Sources, Trial Talk, Vol. 47, Issue 8, August, 1998

  • Co-Author of Treatise Environmental Insurance Coverage: Key Issues and Answers, National Business Institute, November, 1996

  • Environmental Insurance Coverage In Colorado: Key Issues And Answers. This 200 page comprehensive outline was co-authored by Mr. Brady and Fritz Klann of White and Steele and was published by the National Business Institute, Eau Claire, Wisconsin in October 1996. The outline was subsequently expanded to include cases from all jurisdictions, and re-titled Environmental Insurance Coverage: Key Issues and Answers, Spring 1997.

  • Contributor, "Negligent or Not?" Journal of Dermatopathology: Practical and Conceptual, Jan.- Mar. 1996 ; July-Sept. 1997; Jan.-Mar.1997; Jan.-Mar.,1999; April-June, 1999; July-Sept. 1999;July-Sept. 2000; July-Sept. 2001. A series of medical journal articles authored and edited with Drs. A. Bernard Ackerman and Kenneth S. Resnick regarding negligence in diagnosing skin cancers, and other medical/legal issues.

  • Insurance Coverage For Environmental Claims, CTLA Trial Talk, Vol. 41, Issue, Jan., 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, CTLA Trial Talk, Vol.41, Issue 10, Nov., 1992.

  • The Liability Of Psychotherapists. A commentary on recent case law and statutory developments, written in 1984, revised 1989. This paper was presented to the professional staff at Craig Rehabilitation Hospital on several occasions.


PRESENTATIONS

  • Navigating Uncertain Waters (Part II): Hydraulic Fracturing Regulation, The Bridge Group, The Lanterns, Bridge Lane, London, UK SW11 3AD, Dallas 2013

  • Navigating Uncertain Waters: Regulatory Developments in Clean Water Act Enforcement, Stormwater Permitting, and Hydraulic Fracturing, National Webinar, Spencer, Fane, Britt & Browne, LLP, 2013

  • 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 the late Raymond Burr. Mr. Brady wrote and directed this film while a law student in the summer of 1975 at the Institute for Administrative Justice, McGeorge School of Law, University of the Pacific, Sacramento, CA.


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

  • Nominee, Best Lawyers in America, 2014-2015
  • Colorado Super Lawyers, 2012-2014
  • Intersol Scientific Committee (2009-present)
  • Faculty, Environmental and Natural Resources Law Program, University of Denver, Sturm College of Law, (2000 to present)
  • Faculty, Environmental Policy and Management Graduate Program, University of Denver, (2000 to 2006)
  • Colorado Trial Lawyers Association (Environmental Task Force, 1992 1999)
  • Colorado Municipal League (Environmental Committee, 1991 1994)
  • Arapahoe County Bar Association
  • Colorado Bar Association
  • United States Air Force (1969 to 1972)

Distinctions

Selected for inclusion in Colorado Super Lawyers 2014®