Donald W. Fowler specializes in federal and state trials and appeals in the areas of environmental law, toxic torts and pharmaceutical products liability. His practice also emphasizes litigation against the federal government, and he is experienced in environmental insurance coverage litigation. In 2015, he was selected by Corporate America Legal Elite for Best in Product Liability Litigation-Washington, DC.
Mr. Fowler represents major manufacturing concerns and site owners in trials and appeals of class actions and mass torts involving personal injury and property damage claims associated with alleged exposures to ionizing radiation and various chemical compounds, including solvents and benzene derivatives. He also represents a major pharmaceutical manufacturer in the national defense of personal injury claims associated with oncological drugs, migraine treatments and anti-cholesterols. He frequently authors amicus curiae briefs on behalf of our toxics and pharmaceutical clients, and he lectures at private and public seminars on developments in these fields.
Mr. Fowler’s environmental practice includes representation of several major corporations in defense of both actual and anticipated litigation brought by federal and state natural resource trustees seeking recovery for damages to natural resources under federal and state law. He also represents companies in litigation and before the Environmental Protection Agency in matters arising under the Resource Conservation and Recovery Act and Superfund, including private cost recovery actions. He has designed and implemented compliance programs, conducted environmental audits and due diligence reviews, and negotiated environmental aspects of real estate and other transactions on behalf of many of our corporate clients.
In 2015, Mr. Fowler received the Burton Distinguished Legal Writing Award for his article "Federal Clean Air Act Preemption of Public Nuisance Claims: The Case for Supreme Court Resolution." Mr. Fowler is named in the 2016 edition of Best Lawyers for Environmental Law and Litigation-Environmental, and he is recognized in the Washington, DC edition of Super Lawyers, as he has been each year since 2010. He is listed in The International Who's Who of Environment Lawyers.
Following law school, Mr. Fowler joined the Land and Natural Resources Division of the Department of Justice, where he spent three years as a trial attorney conducting environmental litigation before the federal appellate and trial courts. Before joining the Firm, he also served as Deputy Assistant Administrator of the Commerce Department’s National Oceanic and Atmospheric Administration.