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.

Firm Highlights

Publication

Major Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting to Certain Discharges to Groundwater

In a landmark ruling, the United States Supreme Court has held that, under section 301 of the federal Clean Water Act (CWA), a discharge of pollutants from a point source to groundwater is subject...

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News

Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule

Environmental law partner Sarah Bell was quoted in the Bloomberg Law article, "Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule." In the article, Sarah said the Maui holding will be used...

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Publication

Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting

Read the article on California Ag Net , here . In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a...

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News

Coronavirus Slowing PFAS Testing, Cleanup Efforts Across U.S.

Farella environmental law partner Sarah Bell spoke to Bloomberg Law about PFAS pollution testing delays caused by the coronavirus pandemic. In the article, Sarah commented that multiple months of delays are likely to affect...

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Publication

Renewable Energy Roundtable Update in the Wake of COVID-19

The COVID-19 pandemic has resulted in widespread disruption of business and industry across California, including the state’s vibrant renewable energy and energy storage industry. Farella Braun + Martel attorneys are tracking developments and advising...

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News

Farella Braun + Martel Attorneys, Practices Recognized by Chambers USA 2020

SAN FRANCISCO, April 23, 2020: Farella Braun + Martel announces that Chambers USA has recognized 12 lawyers and five practice areas in the legal directory’s 2020 edition. Individual Rankings: Tyler Gerking – Insurance: Policyholders...

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News

SCOTUS Clean Water Act Test ‘Devastating’ for Industry

Sarah Bell commented on the U.S. Supreme Court ruling saying that the Clean Water Act can be used to regulate pollution that travels through groundwater. Read full article, here . The case is  County...

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Publication

New Screening Levels for Key PFAS Chemicals Will Spur Regulatory Action at Contaminated Sites

In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality Control Board...

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Publication

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification process for infrastructure projects. Under...

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News

EPA Narrows States’ Veto Power Over Infrastructure Projects

Environmental Law Partner Sarah Bell spoke to Bloomberg Law about EPA rule (RIN: 2040-AF86 ), which aims to discourage coastal states from relying on part of the Clean Water Act to block fossil fuel...

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