Experience

  • Contracts and Agreements
  • Energy M&A

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

David J. Lazerwitz headshot

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

Don Sobelman

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. Read 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.

FMC Corporation

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.

Titeflex

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

Representing California real estate developers Otay Land Company/Flat Rock Land Company, subsidiaries of HomeFed Corporation, in cleanup cost recovery litigation against multiple defendants who once operated a multi-acre former shooting range near San Diego, CA.  The litigation has raised issues of first impression and national importance that were argued before the Ninth Circuit.  The State of California, the Sierra Club (now Earth Justice) and the Natural Resources Defense Council all filed amicus curiae briefs supporting Otay/Flat Rock – Farella legal positions.

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.

Firm Highlights

News

Discovery Builders Wins Complete Defense Ruling at Trial

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory at trial on behalf of developer Discovery Builders, Inc. and co-defendants in a lawsuit by the Yolo County District Attorney’s Office in...

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Publication

California Attorney General’s Office Files PFAS Lawsuit

The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On...

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Publication

Summary of Latest Federal Action Regarding PFAS

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in the...

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News

Lawdragon Names 7 Farella Partners Among “Leaders in Environmental Law”

Northern California legal powerhouse Farella Braun + Martel is pleased to announce that seven partners were selected to the 2023 Lawdragon Green 500: Leaders in Environmental Law Guide. Selected for inclusion are: Sarah Bell &ndash...

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Publication

Hazy Regulations: Cannabis and the Environment

Summary : The U.S. legal cannabis market is an estimated $60 billion industry, with approximately 28,000 businesses operating and employing upwards of 300,000 people, and growing rapidly. Large-scale cultivation requires significant energy usage, nutrient...

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Publication

Regulatory and Litigation Risks From California’s New Recycling Laws

California is a leader on plastics reduction, passing legislation regulating recyclability and sustainability claims, promoting the use of recycled materials, and preventing plastics pollution. In particular, two new laws require manufacturers to carefully evaluate...

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News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

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