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.