Experience
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
CERCLA Cost Recovery and Contribution
Represented and successfully resolved CERCLA cost recovery and contribution litigation against beverage company at major NPL Superfund site.
CERCLA Natural Resources Damages Defense
Advice and counseling of confidential client in ongoing NRD and Assessment matters.
CERCLA Prosecution, Cost Recovery and Contribution
Represents/represented transportation company in multiple cost recovery and contribution actions, including successful settlement involving payment to client.
Civil Enforcement Defense
Represents beverage company in negotiations with and resolution of potential enforcement by regulator.
CWA Citizen Suit Defense and Water Quality Counseling
Represented multiple clients, including wineries, recycling facilities, and other industrial operations in successful resolution of CWA citizen suits.
Land Use
Represented quarry owner in obtaining unanimous EIR certification, approval of reclamation plan and renewal of mining permit by County Supervisors, and favorably resolving nuisance claims relating to same in California.
PFAS – Environmental Regulatory, Counseling, and Litigation
Represents confidential client in ongoing PFAS matters involving State cleanup order, investigation and remediation, negotiations with State and local agencies and third parties, and potential cost recovery litigation.
PFAS – Product Compliance, Regulatory
Represents confidential client in product stewardship and product regulatory compliance issues in states throughout the United States and under Federal law, including TSCA.
Product Liability/ Toxic Tort Defense
Represents product manufacturer in multiple coordinated lawsuits throughout California regarding groundwater contamination due to historical applications of soil fumigants. Successfully negotiated resolution of dozens of lawsuits, often by dismissal with no settlement payment.
Proposition 65 and Product Liability Defense
Successful resolution of multiple Prop. 65 challenges, including defense of manufacturer in major ongoing Prop. 65 litigation relating to use of recycled materials in production.
State Superfund Trial
Represented a transportation company in a four-week trial in federal District Court in Washington in a state Superfund contribution action relating to a former wood treating site. Obtained a complete defense judgment.
Toxic Tort Defense
Represented railroad in litigation, resulting in favorable settlement following partial summary judgment, involving claims of property damage, personal injury, and fear of future illness relating to groundwater contamination and vapor intrusion.
Methane Recovery / Energy Production Facilities
Represented DTE Energy Resources with environmental/land use entitlement issues under the California Environmental Quality Act (CEQA) and air quality permitting of methane recovery/energy production facilities in California.
Marin County Bicycle Coalition Successful in Appeal to Permit Bicycle Access to Existing Trail Network
With assistance from Farella Braun + Martel, the Marin County Bicycle Coalition (MCBC) participated as amicus curiae in a successful appeal of a lawsuit challenging the Marin County Open Space District’s approval of MCBC’s proposal to open the Bob Middagh Trail in Mill Valley, Calif. to bicycle use. In a significant CEQA decision, the California Court of Appeal held on Jan. 24 that the “social effects” of bike use on trails falls outside the scope of the CEQA review. Learn more here.
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.
State Superfund Trial
Represented a transportation company in a 4-week trial in federal District Court in Washington in a state Superfund contribution action relating to a former wood treating site. Obtained a complete defense judgment.
World Energy, LLC
Represented World Energy, LLC, one of the largest advanced biofuel suppliers in North America, in its acquisition of Delek US Holdings, Inc.’s interests in renewable jet fuel and diesel producer AltAir Paramount, LLC.
Los Angeles World Airports
Represent Los Angeles World Airports in connection with over $15 billion of new construction at LAX, the transfer of the Ontario International Airport to a joint powers authority comprising the City of Ontario and the County of San Bernardino, and in trial in Los Angeles Superior Court.
Humboldt BayKeeper Clean Water Act Litigation
Represented Union Pacific Railroad in this citizen suit involving alleged violations of the Clean Water Act and RCRA relating to a former railroad maintenance yard in Eureka, California. Only a few months before trial, Union Pacific retained Farella to take over its defense. We obtained dismissal of a key cause of action, reducing the number of alleged Clean Water Act violations from more than 3,500 to 37, and submitted trial briefs that significantly undercut plaintiffs’ theories of liability under both RCRA and the Clean Water Act. The litigation resolved favorably shortly thereafter.
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