We represent clients in state and federal courts and in arbitration and mediation regarding sites with soil, surface water or groundwater contamination.
We represent clients in:
- Cost recovery and natural resource damages under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
- Cases between private entities, typically involving cost recovery or contribution claims under CERCLA or its state law counterparts such as:
- The California Hazardous Substance Account Act
- Citizen suits under the Resource Conservation and Recovery Act (RCRA)
- Claims based on common law theories such as nuisance, trespass and ultra-hazardous activity
EXPERIENCE
- Mercury Mine. Represented alleged successor in interest to former owner of defunct mercury minesite in action involving responsibility for cleanup costs. Trial resulted in judgment on third party claim for contribution of response costs from successor to World War II - era investment bank found to be an "operator" of the minesite.
- Railroad. Represented railroad before jury in fraud and rescission action by residential developer based on alleged failure to disclose subsurface petroleum storage facilities in connection with sale of real property.
- Industrial Waste Management Company. Represented defendants and cross-claimants in action involving soil and groundwater contamination of industrial site in California with VOCs and other compounds.
- Private Party. Represented private party in administrative litigation contesting a Water Code §13304 cleanup and abatement order regarding perchlorate contamination of groundwater in California.
- Oil Company. Represented large oil company in defending cost recovery actions in Northern California relating to petroleum, hydrocarbon and other soil and groundwater contamination relating to former service station operations. Participant in many mediations of such disputes.
- Site Operator. Represented alleged former operator of property with contaminated groundwater in implied indemnity action.
- Water Company. Represented privately-owned water company in action against USAF for contamination of groundwater supplies near a former air base.
- Manufacturing Company. Represented manufacturing company, alleged successor to former owner of defunct mercury mine site in California, in settlement through consent decree of state and federal trustees' natural resource damages claim under CERCLA.
- Water Company. Represented privately-owned water company in action against responsible parties for contamination of groundwater supplies.
- Industrial Property Owner. Represented owner of commercial/industrial property in California in action for contribution, breach of contract and damages under various common law theories against former tenant responsible for VOC contamination.
- Property Owner. Represented downgradient owner of property in successful arbitration of dispute regarding operation of option agreement against successor to chemical manufacturer regarding soil and groundwater contamination with arsenic.
- Solvent Recycling Company. Representing plaintiffs in action to enforce environmental defense and indemnity provisions of complex merger agreement. Prevailed in U.S. Court of Appeals for the Ninth Circuit, obtaining ruling that clients are entitled to full indemnity and declaratory relief.
- Landfill Company. Represented proponent of proposed multimillion dollar Class III landfill in litigation.
- Site Operator. Represented alleged former site operator in federal and state court litigation brought under CERCLA, HSAA, and state law common law theories.
- Property Owner. Represented plaintiff owner of property with contaminated groundwater in CERCLA action.
- Property Owner. Represented alleged former owner of contaminated property in CERCLA action.
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