Melissa E. Byroade

Special Counsel

Phone number
(202) 342-8823

Recommended for Environmental Litigation by US Legal 500, Melissa Byroade’s environmental litigation practice includes representing state governments in expansive actions across the country to protect their residents’ health, safety, and well-being from exposure to harmful products and pollution.

Melissa serves as special counsel to multiple state Attorneys General—including Maryland, Ohio, and North Carolina—seeking natural resource damages and related relief related to per- and polyfluoroalkyl substances (PFAS) environmental contamination.

In addition, Melissa has significant experience in commercial litigation and international arbitration, including matters involving difficult contract disputes, bilateral investment treaty protections, Foreign Sovereign Immunities Act issues, and the enforcement of arbitration awards and foreign judgments in the United States. She has worked on cross-border disputes in a variety of venues and helps foreign clients navigate the pitfalls of U.S. litigation.

“My clients are tackling incredibly challenging environmental issues, and they need creative, cost-effective solutions.”

Environmental Litigation/Natural Resource Damages

Representing the state of Ohio and Ohio Attorney General Dave Yost in litigation against DuPont and its spin-off Chemours Co. over the company’s decades-long discharge of a perfluorinated chemical (PFOA) from its Washington Works Plant in Parkersburg, West Virginia into Ohio and seeking to recover all past and future costs to investigate, remediate, and restore lands and waters of Ohio contaminated by PFOA, as well as damages and equitable relief.

Representing the State of North Carolina in bringing claims against DuPont and Chemours for GenX contamination from their Fayetteville, North Carolina plant across a broad swath of the Cape Fear River and Coastal North Carolina.

Representing the States of Indiana, Maryland, and New Hampshire in statewide litigation arising from PFAS contamination, including from AFFF industrial facilities, and consumer products.

Represented a Class I railroad in a CERCLA and Texas Solid Waste Disposal Act cost recovery lawsuit, and participated in a bench trial resulting in seven-figure damages award for the client.

Represented a major oil company in a putative federal court class action and 18 state court cases, brought by residents of Greenpoint, Brooklyn, alleging in excess of $1 billion in property damages due to a large oil spill.

International Arbitration

Represented HOCHTIEF AG, a major international construction company, in an arbitration brought against the Republic of Argentina, before the International Centre for Settlement of Investment Disputes. HOCHTIEF’s claims in the arbitration are made pursuant to the bilateral investment treaty between Germany and Argentina.

Representing Continental Transfert Technique Limited in an action against Nigeria involving the enforcement of an arbitration award and a foreign judgment confirming the award. The court ruled that both the award and the judgment are enforceable, and issued a judgment for approximately $430 million in favor of the client. In continuing proceedings, obtained an unprecedented award of sanctions against Nigeria for failing to comply with post-judgment discovery regarding its assets in the United States.

Represented an international entertainment technology company in a multimillion-dollar ICDR arbitration of a dispute with a Panamanian company concerning the purchase and development of movie theaters in Central America, South America and the Caribbean. Handled all aspects in connection with testimony of legal experts, including preparing witness statements and hearing testimony.

Represented a European client in connection with an investment treaty claim against a Middle Eastern country.

Commercial Litigation

Defended a putative class action against a major manufacturer of football helmets alleging state consumer protection and false advertising claims relating to the performance of the client’s helmets. Obtained favorable settlement following extensive briefing on class certification.

Represented BP Oil Supply Company in various lawsuits initiated, following the bankruptcy of SemGroup, L.P. The dispute involves defending BP against claims brought by crude oil and gas producers that sold production to the debtors prior to the bankruptcy, and that sought payment from BP and other companies engaged in financially and physically settled crude oil transactions with the debtors. BP’s motion for summary judgment was granted in full.

Represented the largest privately held spirits company in the world as a defendant in a complex commercial/IP dispute involving a multiyear, multimillion-dollar exclusive marketing agreement with a major sports franchise. After extensive discovery and prevailing on numerous discovery motions, successfully negotiated a settlement.

Represented Raymond James Financial and certain of its officers and directors in class action securities fraud claims seeking over $2 billion. Obtained complete dismissal of action before class certification and prior to discovery.

Pro Bono

Melissa has worked on several pro bono immigration matters, and has helped several clients obtain asylum or other forms of immigration relief. Melissa also led litigation challenging a Virginia statute that denied equal protection to LGBT couples, precipitating an amendment to the statute. She received the Commitment to Justice Award from inMotion in 2010.

Recommended in US Legal 500 for her work in the Environment Litigation area, 2020-2023.

Selected to New York Metro Super Lawyers ​“Rising Stars,” 2014-2017.