Toxic Tort and Cost Recovery
- Representing a major mineral producer in connection with PFAS contamination in water supply wells on its property. The client is exploring potential litigation against the responsible parties.
- 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.
- Represented a real estate developer in RCRA claims against a thin film manufacturer in federal district court in Los Angeles. Obtained a RCRA mandatory injunction against the defendant ordering the cleanup of metals and solvent contamination; awarded attorneys’ fees and costs.
- Represented Combined Properties in CERCLA/RCRA litigation against a commercial operator that disposed of massive quantities of PCE into the subsurface. Obtained summary judgment in favor of the client on CERCLA and RCRA claims; awarded attorneys’ fees and costs.
- Representing Caltech JPL in connection with cost recovery litigation involving the JPL Superfund Site in Pasadena California. The case is currently in the court of appeal on a writ of mandate seeking dismissal of all claims under Section 122(e)(6) of CERCLA.
- Represented a solvent recycling operator in RCRA actions brought by the U.S. Environmental Protection Agency (EPA) and California Department of Toxic Substances Control. Worked with the regulators and obtained a consent decree to resolve the litigation on reasonably favorable terms to the client.
- Defending the Irvine Ranch Water District against allegations of contributing to contamination of public groundwater supplies in the South Basin of the Orange County watershed. For nearly a decade, litigation has been ongoing involving government agencies and potentially responsible parties (PRPs) concerning groundwater contamination in the South Basin. Two of those PRPs filed suit against the district for contribution and indemnity based on allegations that the district had negligently operated one of its water supply wells in the South Basin. The case was dismissed against the water district in exchange for a waiver of costs after the threat of summary judgment motions.
- Defended a major aerospace company in federal RCRA and CERCLA cost recovery actions involving TCE and perchlorate contamination in the Rialto-Colton Groundwater Basin. The case was ultimately settled on terms favorable to the client. City of Rialto, et al. v. United States Department of Defense, et al.
- 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.
- Member of the trial team in an ecological toxic tort lawsuit against Lockheed Martin involving more than 800 plaintiffs who claimed personal injuries and property damage from alleged exposure to emerging chemicals in drinking water. The first group of 50 plaintiffs was litigated to a dismissal of all claims, following the exclusion of the plaintiffs’ medical experts. The remaining cases were later settled on terms favorable to the client. In re Redlands Tort Litigation.
- Represented Lockheed Martin in federal and state litigation involving alleged community exposure to contaminants released into the air and groundwater during 50 years of aircraft manufacture at the Burbank Skunk Works and related facilities. The cases settled for nominal amounts (less than plaintiff counsel’s hard costs). In re Burbank Environmental Litigation.