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.
Angeles Chemical Company
Represent Omega Chemical PRP Group, as common counsel, which includes 115 defendants named in a complex environmental cost recovery lawsuit filed by Angeles Chemical Company in Southern California federal court. We also represent two defendants in toxic tort litigation brought by nine individual plaintiffs involving sites in Los Angeles County. Plaintiffs allege a variety of personal injury claims arising from indoor air exposure.
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.
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.
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.
Serve as national coordinating counsel for products liability litigation relating to gas delivery system, and products liability counseling relating to Prop. 65.
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.