Experience
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.
Titeflex
Serve as national coordinating counsel for products liability litigation relating to gas delivery system, and products liability counseling relating to Prop. 65.
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.
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