Biography

Madison Burke is an environmental toxic tort and regulatory litigator with experience across federal, state, and private practice. She has a strong background in trial advocacy, negotiations, and public engagement having served as Assistant Attorney General, Torts Division of a state attorney general office. She is skilled in high-profile litigation, environmental and regulatory compliance, and interagency coordination and has a proven record of advising senior company leadership, managing complex discovery, and leading legal teams.

Madison’s work includes guiding clients through complex litigation issues involving air, surface water, groundwater, stormwater, and solid or hazardous waste. It also includes self-auditing, remedial planning, and crafting strategies to address changing regulatory landscapes. Madison defends clients in toxic tort litigation and state and federal enforcement actions involving alleged environmental or safety incidents, whether brought directly by a regulatory agency in administrative settings or through the government in a civil proceeding.

Representative Matters

• Toxic tort litigation counsel in all aspects of on-going litigation related to the RHBFSF, including document and electronic data preservation, written discovery, taking and defending depositions, and coordinating public engagements and messaging with Department of Justice, including overall defense strategy and settlement negotiations related to claims seeking more than $1.4 billion
• Toxic tort strategic counsel for company leadership regarding environmental, real property, fiscal law, and regulatory compliance related to the ownership, operation, defueling, and closure of the Red Hill Bulk Fuel Storage Facility (RHBFSF) and environmental remediation of the surrounding real property
• Directly overseeing FERC-related filings, inquiries, pleadings, and market operations issues across multiple regions of the energy sector including.
• Toxic tort counsel regarding ongoing ownership, operations, and maintenance of active fuel systems, including advising clients throughout the transfer of fuel between installations
• Supervised and directed management of cases as lead attorney, including directing case investigators, paralegals, and legal assistants from initiation of a claim to completion of a case involving state and federal agencies and officials in complex litigation involving Resource Conservation and Recovery Act, Clean Water Act claims, seeking injunctive and declaratory relief affecting critical infrastructure and large-scale multi-million dollar remediation obligations
• Conducted all aspects of civil litigation in securities fraud and fiduciary breach proceedings, health care law disputes in state and federal court, administrative proceedings, and arbitration on behalf of corporate clients, financial institutions, and healthcare providers in matters involving significant financial and regulatory exposure
• Successfully argued motions, presented arguments, and examined witnesses at trial and arbitration, including successfully representing a long-term care facility in trial as lead attorney, and successfully defending against summary judgment in a complex securities fraud and consumer protection case brought against a registered investment advisor presenting substantial financial and reputational exposure
• Conducted all aspects of civil litigation in a variety of practice areas including Section 1983 civil rights claims, employment law, discrimination, and retaliation, whistleblower retaliation, and tort law claims on behalf of state agencies and officials, as well as private corporate clients, healthcare providers, and closely held businesses, in matters involving significant financial and reputational exposure
• Employment counsel regarding employee and human resource issues, and strategy for handling litigation, including negotiating settlements, mediations, and hearings on behalf of federal and state agencies and officials, as well as private employers, including healthcare providers and long-term care facilities, in matters alleging employment discrimination, retaliation, constructive discharge, and wrongful termination presenting significant legal and reputational risk
• Conducted all aspects of civil litigation in employment law / discrimination and retaliation in state and federal court, administrative proceedings, and arbitration on behalf of corporate clients, as well as representing government interests, in high-exposure employment disputes involving statutory and constitutional claims
• Litigated cases as lead and supporting attorney in state and federal courts on behalf of state agencies and institutions, including litigating a full jury trial alleging gender discrimination and violations of the Washington Equal Pay Act, resulting in a full defense verdict