Environmental
Representative Cases
- CERCLA and California Hazardous Substance Account claim brought by California state regulatory agency against former owners of contaminated dry cleaner site. Defenses included statute of limitations, effect of prior consent degrees and efficacy of remedy selection for groundwater and soil vapor. Case settled on mediator proposal.
- Consumer class action lawsuit relating to greenwashing claims relating to presence of metals in edible consumer products. Settlement with mediator's proposal involved detailed injunctive relief and monetary payments.
- Complex multi-party water rights dispute. Resolution involved complex review of pre-1914 water allocations and negotiation of highly technical water delivery terms. Term sheet signed at mediation.
- Professional negligence lawsuit against environmental consultant. Settled with stipulated judgment including payment and assignment of bad faith claim against environmental insurer.
- Property contamination pre-litigation dispute between landlord and industrial tenant relating to allocation of remedial costs for historic releases of solvents and bleaching agents. Matter settled on mediators' proposal involving monetary and injunctive terms relating to regulatory oversight.
- Federal Clean Water Act stormwater matter against large industrial facility. Case involved detailed analysis of Consent Judgment terms and Industrial Stormwater Permit.
- Federal RCRA site cleanup and stormwater run-off matter concerning PCBs released at electric utility site. Detailed consent judgment signed by district court included terms concerning regulatory oversight, cleanup standards and attorneys’ fees.
- State court dust nuisance dispute between commercial property owners. Detailed settlement terms involving air quality release standards, future enforcement and attorneys’ fees.
- Multi-party Proposition 65 failure to warn consumer exposure matter. Defendants include manufacturers and retailers of products alleged to contain phthalates.
- Proposition 65 failure to warn relating to food product. Defenses included res judicata from prior settlement and challenge to plaintiff’s calculation of cadmium concentrations.
