Eric Lukingbeal is a lawyer in the Environmental + Utilities Practice Group. In the 1980s, he was chair of the firm's Litigation Section. His practice involves environmental litigation, predominantly Superfund, toxic torts, environmental contamination, enforcement defense, citizen suits under the Clean Water Act, and public trust matters. He has tried jury and court cases in Connecticut state and federal courts since 1974.
Mr. Lukingbeal co-wrote the Connecticut chapter of the Environmental Law Practice Guide (Matthew Bender, 1993), and he was a member of the advisory panel appointed by the American Arbitration Association in Connecticut to establish rules for mediation and arbitration in environmental matters. He has written several articles on mediation, including "Environmental Mediation: Advantages for Parties and Insurers," a Claims Forum for the American Arbitration Association in 1997, and "The Magic of Mediation," published in the Yankee Oilman in 1996. Mr. Lukingbeal is a special master for the U.S. District Court for the District of Connecticut.
Mr. Lukingbeal was counsel for the railroad in the leading case of Andrews v. Metro North Commuter Railroad, 882 F.2d 705 (2d Cir. 1989), which set important limitations on the use of so-called forensic engineers as expert witnesses. He was also counsel for an environmental engineer in Bernbach v. Timex Corp., 989 F. Supp. 403 (D. Conn. 1997). This case limits the claims that can be asserted against environmental engineers by third parties. In addition, he represented the successful plaintiff in an agricultural nuisance claim, which resulted in the Connecticut Supreme Court revising the common law of nuisance. Pestey v. Cushman, 259 Conn. 345 (1999).