Defense of Cost Recovery Claims at Superfund Sites

Represented defendants in CERCLA litigation matters concerning major Superfund sites across California, including the Mouren-Laurens waste oil site in Los Angeles, the Cooper Drum site in Los Angeles, the Modesto Ground Water Contamination site, and the RFF Superfund Site in Rialto. 

Environmental Litigation with Regulatory Overlay

Jointly defended two companies in environmental cost recovery action concerning drilling mud disposal site. Obtained voluntary dismissal of the action following extensive negotiations with Regional Water Quality Control Board concerning the site remedy. 

Brownfields Cleanup to Accommodate Development

Represented municipality in negotiations with responsible party and DTSC concerning remediation of former smelter site to accommodate mixed-use development. 

Defense of Claims of Groundwater/Water Supply Contamination

Defended client in state court cost recovery action asserting HSAA and common law claims, brought by a California water district concerning aquifer contamination by TCE and other VOCs.

Defense of DTSC Enforcement Actions

Represented client in DTSC enforcement actions related to releases of hazardous waste (air emissions of mercury) and hazardous waste characterization/disposal issues. Included development of responses to detailed DTSC requests for information under Health and Safety Code section 25185.6 and negotiations over timing and process for client’s return to compliance.

Successful Defense on Appeal Against Toxic Tort Claims

Successfully defended manufacturer against toxic tort claims in trial court and appellate litigation, resulting in published California Court of Appeals decision limiting application of component parts doctrine.

Defense at Trial of Environmental Toxic Tort Claims

Represented key defendants at trial in a lawsuit brought by more than 2,000 plaintiffs alleging personal injuries and property damage resulting from exposure to hexavalent chromium emanating from a wood treating facility. 

CEQA Compliance/Litigation Defense

Acted as lead counsel for a municipality in (1) development and approval of environmental impact report for a large transportation infrastructure project, and (2) defense of city in resulting litigation, resulting in key published CEQA decision.

PCB Cleanup to Facilitate Sale and Residential Redevelopment

Advised client with respect to implementation of TSCA-compliant PCB remediation at former plant site, to facilitate sale and residential redevelopment of property.

Internal Investigation and Negotiation of Settlement with USEPA

Conducted internal investigation for client related to USEPA enforcement action for unpermitted filling of wetlands.  Responded to USEPA request for information under Clean Water Act section 308(a) and negotiated administrative order on consent providing for mitigation and minimal penalty.

Defense and Settlement of Clean Water Act (CWA) Citizen Suits

Representation of numerous clients – including recycling facilities, wineries, and landfills, – with respect to private CWA enforcement of California’s general permit for industrial storm water discharges.

Dry Cleaning Chemicals

Defend commodity chemical manufacturer against design defect and failure to warn claims concerning soil and groundwater contamination from dry cleaners.

South Valley Islamic Center Cordoba Center

With the help of Farella Braun + Martel Partner Don Sobelman, South Valley Islamic Center (SVIC) won approval for its 16-acre Cordoba Center Project in San Martin, California. Learn more here.

Far Niente Family of Wineries & Vineyards

Represented Napa Valley luxury wine producer Far Niente Family of Wineries & Vineyards in its acquisition of the Provenance Vineyards real estate in Rutherford, Calif. from Treasury Wine Estates. Far Niente purchased the property as the new home for its Bella Union brand. Farella also advised Far Niente on the concurrent sale of the Provenance brand and inventory to Lodi, Calif.'s Thomas Allen Vineyard & Wines.