Roy Prather maintains a national practice focused on complex environmental and commercial litigation matters. Roy represents businesses and public sector entities across a broad range of industry sectors in federal and state courts. He defends citizen suits and class actions involving toxic tort, product liability, and green marketing claims under federal environmental laws and state analogues, including the Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act, Clean Air Act, and Clean Water Act. Roy advises clients on issues relating to regulatory compliance, and represents clients in indemnity and other commercial contract disputes relating to construction as well as contaminated site cleanup under the federal Superfund law (CERCLA). Roy also works with clients to proactively manage sensitive multi-stakeholder interactions related to environmental justice, including developing creative solutions to address environmental justice community concerns. Additionally, Roy assists clients in navigating administrative regulatory proceedings under various environmental laws and advises them on mitigating the risks of regulatory enforcement actions and litigation. He currently serves as the Deputy Chair of the firm’s Toxic Tort and Environmental Tort Practice Group.
Roy’s recent representative matters include:
- Successfully resolving a lead in drinking water litigation on behalf of the City of Newark, and advising the City on navigating a public health emergency
- Defeating a nuisance class action involving alleged odors emanating from client’s facility
- Securing the dismissal of a multi-million dollar citizen suit seeking to cease operations of energy company based on alleged RCRA violations
- Representing a major retailer in a consumer product class action involving novel green marketing issues
- Defeating administrative appeal to state trial court and then to intermediate appellate court challenging manufacturer’s Clean Water Act discharge permit
- Successfully negotiating recovery of repair costs and lost profits in commercial dispute with contractor relating to construction of infrastructure for energy-generating facility
- Advising company on management of site cleanup under CERCLA (Superfund) and defense against potential contribution claims
- Obtaining dismissal of a case in New York state court involving alleged contract and environmental claims relating to a dispute over the removal of underground storage tanks
- Counseling energy company regarding Clean Air Act permit compliance and negotiating reduction of penalties related to past violations
- Winning emergency injunction enforcing class action settlement and dismissing pending claims against a large financial services company
- Negotiating favorable settlements for software company while managing its copyright enforcement and litigation efforts.
Roy regularly provides insights regarding environmental litigation to journalists, as well as commenting on diversity and inclusion issues within the legal industry. Law360 recently named Roy to its 2021 Environmental Editorial Advisory Board. The editorial advisory board will provide feedback on Law360’s coverage of environmental law and related matters, as well as providing insight on how best to develop future coverage. Roy holds numerous leadership roles within industry organizations, which include serving on the Institute for Energy Law’s Advisory Board and as a Leadership Council Member for Young Energy Professionals; Co-Chair of the Defense Research Institute’s (DRI) Toxic Tort and Environmental Law Committee 2022 Seminar; and Co-Vice Chair of the National Bar Association’s Environmental, Energy, & Public Utility Law Section. His influence extends beyond B&D, both in the field of environmental law and in his efforts to advance diversity, equity, and inclusion in the legal profession. Roy was named as part of the Young Energy Professionals Leadership Class (2019-2020) by the Institute for Energy Law, received the 2020 National Bar Association Young Lawyers Division Chairman’s Award, and was named one of the “Litigators of the Week” for January 29, 2021 by AmLaw Litigation Daily.
Roy also serves as the Chair of the firm’s Diversity, Equity and Inclusion committee. The firm is Mansfield Plus Certified, indicating that B&D considers women, LGBTQ+, minorities, and lawyers with disabilities for at least 30% of all significant leadership roles, lateral recruiting, and business development opportunities. The “Plus” status signifies that B&D exceeds the baseline certification requirements – achieving 30% representation in firm leadership roles. Roy is also active in diversity, equity, and inclusion efforts in the broader legal community. He is a founder and Board member of The Black BigLaw Pipeline, Inc., a nonprofit established to promote positive outcomes for Black attorneys working in large law firms through training, mentorship, and career planning. He is also an active alumnus of the Leadership Council on Legal Diversity’s (LCLD) Pathfinder program and coordinates with his program class and the larger organization to promote diversity within the legal profession. Roy also serves as the Membership Chair of the In-House Counsel Committee for the ABA Section of Environment, Energy, and Resources (SEER) as the Co-Chair of the Subcommittee of the ABA Real Estate Litigation, Condemnation & Trust Litigation Committee.
Roy also prioritizes being an active member of his local community. He is a member of the National Aquarium’s Conservation Committee, where he facilitates the creation of conservation education programming focused on urban and ocean conservation for students and assists the organization in furthering its larger conservation goals. Roy also contributes to his community through youth mentorship as a Big Brother for Big Brothers Big Sisters and as a mentor for Bridges Baltimore.
Additionally, Roy maintains a commitment to pro bono service. He has been recognized by the Philadelphia Court of Common Pleas’ Pro Bono Honor Roll for assisting indigent and homeless clients in resolving contract disputes and obtaining public benefits. For his service with the Prisoner Pro Se Civil Rights Panel where he represented a prisoner in a civil rights case, Roy received a Certificate of Appreciation from the Judges of the Eastern District of Pennsylvania. Roy regularly provides pro bono representation in various other areas of law, including unfair wage practice, immigration, and landlord/tenant matters.