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Environmental Litigation

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  • Won summary judgment dismissing the CERCLA Section 107 claims asserted by Solutia, Inc., and Pharmacia Corp. seeking in excess of $300 million in cleanup costs for the ongoing remediation of the ongoing cleanup of PCBs and other hazardous substances in Anniston, Alabama (Memorandum Opinion, Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. et al., Civil No. 1:03-cv-1345-PWD (N. D. Ala. July 2, 2010)).
  • Successful pretrial settlement of four lawsuits in Alabama and West Virginia against a Fortune 50 chemical manufacturer brought by 1,400 plaintiffs seeking damages for injuries allegedly caused by chemical exposures.
  • A classwide settlement for less than the pretrial defense costs of a putative class action seeking damages for 36,000 property owners from alleged releases of lead and other pollutants from former foundry operations in Anniston, Alabama.
  • Defending a leading energy company in connection with a multiparty sediment CERCLA cost recovery action related to alleged sediment impacts at San Diego Bay.
  • Representing two global energy companies in the defense of a multiparty CERCLA and RCRA action pending in the Eastern District of California stemming from alleged waste disposal at a facility in Northern California, along with concurrent site investigation activities under oversight of the Central Valley Regional Water Quality Control Board.
  • Representing an international chemical company in connection with alleged violations of the Clean Water Act and RCRA; the suit was brought by a citizens’ group in connection with a large processing facility in the San Francisco Bay area.
  • Defended clients in a CERCLA cost recovery action and obtained district court approval for the manufacturing clients’ consent decree with USEPA and a “good faith settlement” determination in San Gabriel Valley Superfund site groundwater litigation. United States v. Aerojet-General Corp., 606 F. 3d 1142 (9th Cir. 2010).
  • Obtained summary judgment on behalf of Unocal in a CERCLA cost recovery action, successfully arguing that the plaintiff’s response costs incurred in addressing site contamination were inconsistent with the National Contingency Plan and were thus barred. Carson Harbor Village, Ltd. v. Unocal Corporation, 433 F.3d 1260 (9th Cir. 2006), afffirming Carson Harbor Village, Ltd. v. Unocal Corporation, 287 F.Supp.2d 1118 (C.D.Cal. 2003).
  • Successfully resolved citizen suits filed by Baykeeper group under the Clean Water Act against clients based on alleged violations of storm water permit requirements, including disputed issues with the Army Corps of Engineers, LA Regional Board and City of Los Angeles.
  • Represented a regional airport authority in litigation seeking recovery of the response costs as a result of soil and groundwater contamination from various industrial solvents, PCBs and other constituents, as well as an injunction under RCRA compelling the previous owners to remediate the property. Advising the client in connection with various site issues that have been subject to oversight of the San Diego Regional Water Quality Control Board for many years.