Cost Recovery and Toxic Tort
- Representing a manufacturer of firefighting foam in litigation brought by a municipality in New York State over contamination by per- and polyfluoroalkyl substances, alleging claims under the RCRA, product liability, and other causes of action.
- Representing a real estate developer in a putative class action and individual lawsuits seeking personal injury and property damage from the alleged failure to disclose the presence of radioactive substances at a former naval shipyard that is the subject of San Francisco’s largest development project in a century.
- Counsel to an aerospace manufacturer in federal and state cost-recovery actions under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and California Hazardous Substance Account Act (HSAA) alleging groundwater contamination from TCE and perchlorate.
- Defended an aerospace company in a toxic tort lawsuit involving more than 800 plaintiffs who claimed personal injuries and property damage resulting from alleged exposure to chemicals in drinking water.
- Defended an aerospace manufacturer against claims of public and private nuisance in an action seeking damages for soil contamination, resulting in the plaintiff’s voluntary dismissal on the day before the hearing on our summary judgment motion.
- Defended a waste management company in a cost-recovery action seeking damages for contamination from a landfill under the California Superfund law and common law causes of action, resulting in summary judgment in the client’s favor and subsequent affirmation on appeal.
CEQA and Land Use Challenges
- Represents six oil companies (who generate about 90% of the oil production within California) as interveners defending a lawsuit brought by environmental organizations against the state oil and gas agency. The petitioners argued that the state’s implementation of a compliance schedule violated the Safe Drinking Water Act, and they sought the immediate shut-in of thousands of injection wells across the state. After trial, the trial court denied the petitioners’ claims for a writ of mandate and declaratory relief in their entirety. The case was affirmed in full by the court of appeal, and is currently the subject of a petition for review that has been filed by Center for Biological Diversity with the California Supreme Court. .
- Represented a large oil production company, along with impacted business partners and royalty owners, in a challenge to a countywide ballot initiative that would immediately prohibit well stimulation and the drilling of new wells and would impose a sunset date for the injection or impoundment of produced water. If implemented, the ballot initiative would shut down all operations at the eighth-largest oil field in the state.
- Obtained a pleadings-stage dismissal of a lawsuit challenging the issuance of drilling approvals for five exploratory wells issued in violation of the California Environmental Quality Act (CEQA). The court dismissed the claim without leave to amend in response to our demurrer.
- Represented an oil production company as the real party in interest against a lawsuit challenging the issuance of a renewed conditional use permit, allowing the continued operation of an established oil lease. The trial court has denied the claims in their entirety, and the case is currently on appeal.