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.
Farella represents FMC Corporation in separate coordinated lawsuits filed throughout the State of California regarding groundwater contamination due to historical applications of soil fumigants. Farella successfully negotiated resolution of seven of the original eight lawsuits.
Hookston Station Toxic Tort Litigation
Represented Union Pacific Railroad in a mass tort litigation involving 225 plaintiffs in Contra Costa Superior Court alleging personal injuries and property damages from groundwater contamination. We obtained summary judgment eliminating the plaintiffs' strict liability/ultra hazardous activity, intentional infliction of emotional distress, negligent infliction of emotional distress, medical monitoring and "remediation" causes of action. We also won summary judgment of negligence-based property damage claims from 50 of the plaintiffs. Following these advantageous rulings, we negotiated a very favorable settlement of the remaining claims.
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.
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.
Methane Recovery / Energy Production Facilities
Representing DTE Energy Resources, an energy and energy technology provider for residential and commercial electric and natural gas, in environmental / land use entitlement under the California Environmental Quality Act (CEQA) and air quality permitting of methane recovery/energy production facilities in California.
Serve as national coordinating counsel for products liability litigation relating to gas delivery system, and products liability counseling relating to Prop. 65.
Angeles Chemical Company
Represent DTE Energy Resources, a company that develops energy, and energy related technology and provides electric and natural gas to residential and commercial consumers. In these particular matters, we assisted in environmental/land use entitlement issue under the California Environmental Quality Act (CEQA) and air quality permitting of methane recovery/energy production facilities in California.
Cost Recovery Litigation and Related Remediation Counseling at Former Shooting Range
Industrial Park Remediation
A commercial property client discovered that a portfolio of properties it acquired included an industrial park where historical releases of degreasing solvents had resulted in a contaminated groundwater plume leading off-site and, as a result, faced significant and uncertain costs and resource impacts. We advised the client on conducting an investigation to identify responsible parties, used that investigation to bring those parties to the table and negotiated a cost-sharing agreement under which the parties have cooperatively investigated and remediated the site. Additionally, we coordinated closely with the client’s insurer to obtain coverage for the client’s cost, which minimized the financial impact and allowed the client to focus on leasing the property to commercial tenants and develop a plan for its eventual sale after the remedial work is complete.
San Rafael Rock Quarry
Represented The Dutra Group in obtaining unanimous approval of the Marin County Board of Supervisors, following analysis and public review under CEQA and SMARA, for continued surface mining and proposed reclamation of San Rafael Rock Quarry. We also represented Dutra in favorably resolving nuisance litigation by the State of California, County of Marin and a coalition of property owners that predated the Supervisors’ action.