ENVIRONMENTAL LITIGATION // REPRESENTATIVE ENGAGEMENTS

As You Sow v. Ellis Paint Company.
Defended several separately filed actions against paint companies. Defended Proposition 65 action for failure to provide adequate warning on paint cans.

As You Sow v. Conbraco Industries, et al.
Represent several defendants in Proposition 65 case alleging dermal exposures of brass valves, backflow preventers and other plumbing parts and alleging discharge of lead to drinking water. Led joint defense group at trial in San Francisco Superior Court with several other large law firms and cross examined plaintiff's only expert witness in six day bench trial. Ruling due no earlier than September, 2003.

Baires v. Oscar Lehnus Foundry, et al.
Represented foundry owner and foundry in toxic tort action brought by Latino family of seven who alleged property damage, soil contamination, storm water runoff and illness from exposure to lead. Pre trial settlement demands exceeded $2 million. The case went to jury trial for five weeks in downtown Oakland. (Alameda Superior Court) The jury dismissed the toxic tort and the environmental claims and awarded $40,000 to plaintiffs, the approximate amount of the property damage that was not disputed. The firm successfully recovered full defense costs and settlement funds from the clients' insurance carrier.

California Department of Toxic Substances Control v. William Huffman, et al.
Defend PRP Group of scrap recyclers in Federal court against allegations under CERCLA and RCRA and state law for contamination at a smelting facility in the Mojave Desert at one of the largest California Superfund sites. Sued over 150 defendants for contribution leading to seven figure settlements. Brought actions against insurers for site operator under the California Probate Code. Sought and obtained court decision denying partial summary judgment on the issue whether recycling amendment to CERCLA is retroactive.

California Earth Corps. v. Martin Brass Foundry.
Defended six foundries in 10 separately filed actions (between January 1996 and February 1997). Achieved six dismissals with prejudice after individual demands ranged from $200,000 to $800,000 per site.

California Sportfishing Protection Alliance v. Court Galvanizing; CSPA v. Lodi Iron Works
Currently defending in federal court (E.D. Cal.) two separate lawsuits brought by a citizen group alleging violations of Clean Water Act storm water discharge permits.

Chemical Batch Processing Monitoring Group.
Represent group of paint companies, chemical specialty manufacturers, roof coatings manufacturers and lubricant manufacturers or their California subsidiaries, including 15 Fortune 200 companies, in all Federal Clean Water Act storm water proceedings before all nine Regional Water Quality Control Boards and the State Water Resources Control Board. Incorporated the group under Section 501(c)(6) of the Internal Revenue Code for compliance under general storm water permit (NPDES). Achieved approval of group monitoring plan. Serve as general counsel, secretary and treasurer to the group. Negotiated merger with the California Paint Council Monitoring Group.

City of Rialto, et al. v. Department of Defense, et al.
Currently defending in federal court (C.D. Cal.) former trustees and landowners of contaminated property in $500 million CERCLA (federal Superfund) litigation to recover costs of alleged perchlorate contamination from explosives, fireworks and other manufacturing operations in Rialto.

Coalition for Regulatory Flexibility.
Executive Director and General Counsel to group to oppose EPA implementation of benchmarks and numeric limitations in storm water runoff permits. Formulating nationwide advocacy strategy to persuade the White House Council on Environmental Quality, the U.S. Environmental Protection Agency and the State Water Resources Control Board to modify the benchmarks in the multi-sector industrial storm water permits.

Communities for a Better Environment v. Pacific Steel Casting; Bay Area Air Quality Management District v. Pacific Steel Casting
Currently defending third largest steel foundry in the United States against three interrelated actions arising from alleged violations of toxic chemical permit limits under the federal Clean Air Act Amendments: federal court (N.D. Cal.) action by citizen group and successfully thwarted preliminary injunction that would have resulted in the immediate closure of a plant and over 200 jobs; action brought by California air agency; and actions brought by numerous local residents for nuisance and toxic exposures.

(Confidential Chemical Batch Processor)
Advised company on environmental and toxic liability issues associated with asset transfer.

(Confidential Emerging Environmental Technology Company)
Regulatory Counsel to company with licensed patented technology to remediate dioxins, benzo furans, pesticides and other heavy molecular contamination on a non-thermal basis. Interface with major regulatory agencies to obtain successfully variance under tiered permitting scheme. Coordinate regulatory and finance strategy.

(Confidential Foreign)
Advised representative emissaries European Union member country on transfer of new energy technologies and capitalization of California energy crisis. Advised members of the Governor's office in connection with this technology transfer of geothermal exploration technologies. Negotiated and drafted first of its kind Memorandum of Understanding between the State of California Technology, Trade and Commerce Agency and the Country of Iceland Ministry of Trade and Commerce.

Magnum Incorporated, also Mazoil
Product Development Counsel to company with non oxygenate fuel additive technology. Coordinated all phases of environmental and intellectual property due diligence including review of EPA fuel additive regulations, State Air Resources Board regulations, review of company contracts, prosecution of domestic and international patent applications, review of trade secret issues and review of OSHA and EPCRA issues. Interfaced with Managing Directors of Norwegian and Singapore investor groups to instill confidence in financing.

(Confidential Lead in Cookware)
Advised out-of-state foundry on strategy to interpret sampling protocol and risk provisions of Proposition 65 to achieve no duty to warn.

(Confidential Remediation Technology)
General counsel to investment buy out group, as well as technical and regulatory advisors, on corporate formation, negotiation of purchase, and intellectual property due diligence for perchlorate and nitrate remediation technology company.

Consumer Cause v. ITT Sheraton, et al. (and related litigation against hotel chains, including In Re Cigar Smoke Litigation.)
Defending several hotel national hotel chains and Fortune 100 company against allegations of failure to warn for sales of cigars under Proposition 65 and for exposure without warning to second hand smoke of employees and guests. Won dismissals with prejudice and spearheaded, argued and won the appeal in Yeroushalmi v. Miramar Sheraton., 88 Cal.App.4th 738 (2001).

Courtaulds Aerospace v. William Huffman, et al.
Represented joint defense group in CERCLA cost recovery action brought by British aerospace company for clean up of property adjacent to a smelting facility. Interfaced at highest levels with the Department of Toxic Substances Control on interpretation of amendment to California regulations. Worked on legal aspects of RI/FS and obtaining DTSC approval under consent decree.

Department of Toxic Substances Control v. Atlas Iron & Metal, et al.; Belton v. Atlas Iron & Metal, et al.
Currently defending company (Los Angeles Superior Court Central Civil West, complex calendar) in action by state toxics agency to recover costs for contaminating Jordan High School. Prosecuting cross-claims against neighbors for contribution. Also defending company in class action brought by neighbors, students and teachers for toxic tort exposures. Sued insurers and successfully compelled them to pay for over $2 million in defense and investigative costs.

Department of Toxic Substances Control v. Huffman, et al.
Defended PRP Group of scrap recyclers in Federal court (E.D. Cal.) against allegations under CERCLA and RCRA and state law for "contamination" at smelter in the Mojave Desert at one of the largest California Superfund sites. Sued over 150 defendants for contribution leading to seven figure settlements. Brought actions against insurers for site operator under the California Probate Code. Sought and obtained court decision denying partial summary judgment on the issue whether recycling amendment to CERCLA is retroactive. Reported decision. Obtained full recovery of defense and settlement costs from clients' insurers.

[Confidential Energy Integrator]
General Counsel to company engaged in location, sitting permitting and systems integration of ultra clean distributed power systems units and in geothermal exploration. Negotiated and arrange seed round and first round financing, as well as restructuring of company and share purchase by management consulting firm for the California Cast Metals Association.

Matteel Environmental/Pacific Justice Center v. [Nondisclosed] Corporation, et al.
Defended galvanized pipe manufacturer (Fortune 50 company) in multi-party litigation in San Francisco Superior Court against action alleging failure to warn under Proposition 65 and alleging discharge of lead to drinking water. Advanced and won first of its kind defense knocking out plaintiff's testing methodology under Section 12901 of the California Code of Regulations. Defend appeal.

Mills Land and Water Company v. TRC, et al.
Plaintiff was owner of the property sued numerous parties to recover costs (past and future) to remediate the property from alleged lead and petroleum leaks from underground tanks under California=s Superfund cleanup law, among other claims and damages. (Orange County Superior Court) Successfully defended one of the largest environmental engineering firms in the United States in a case that lasted almost 4 years and resulted in a dismissal with prejudice with no costs paid by client to plaintiff.

Natural Resources Defense Council and Environmental Law Foundation v. Badger Meter, et al.
Defended two water meter manufacturers in a case brought against the water meter industry. Conducted early evaluation and achieved early and very low dollar settlement prior to defense defeat on the issue of whether "discharges to sources of drinking water" of lead occurred. Case subsequently settled for seven figures with remaining defendants. Plaintiffs were represented by the Milberg Weiss Lerach law firm.

Northridge Commerce Center v. Dollar Stretcher Cleaners, et al.
Represent partnership land owner in CERCLA and state superfund action in United States Central District Federal Court regarding releases of perchloroethylene from dry cleaners in Southern California.

People v. Keelco Anodes, et al.
Defended individual and corporate defendant in case brought by the Los Angeles District Attorney's office for illegal transportation of hazardous waste to lead smelter in Mexico. Supervised white-collar counsel and presented regulatory defense resulting in favorable plea and reduction of 16 count, $1.6 million complaint.

People v. LMD Warehouse, et al.
Defended manufacturing subsidiary of Fortune 50 corporation against criminal federal hazardous material transportation laws brought by Los Angeles City Attorney. Conducted in depth investigation of claims. Case dismissed with prejudice with no monetary settlement one day before trial.

People v. James Jones Foundry, Mueller Co., Tyco International (US) Inc., et al.
Currently defending Fortune 100 Company and its subsidiaries in California False Claims Act case and Unfair Business Practices Act in multi-forum litigation (Los Angeles Superior Court Central Civil West, complex calendar; federal court in Illinois) in the state of California alleging negligent and fraudulent valve manufacturing practices in dealing with over 130 California water agencies. Liability demand is in excess of $1 billion. Work with white-collar counsel while focusing on the alleged environmental contamination (lead) discharge issues relating to the water works system and related insurance coverage issues. Successfully obtained trial court ruling that found that insurance company had a duty to defend and that the insurance company has to date reimbursed our clients in excess of $20.0 million, including over $2 million in interest payments alone. Numerous Published Decisions. Insurance coverage decision upheld on appeal in California and Seventh Circuit (Zurich v. Watts Industries and James Jones).

People v. Asphalt Products Oil Corporation.
Defended roof coatings manufacturer against allegations by City of Berkeley and action by District Attorney of Alameda County for illegal disposal of hazardous waste and for illegal storm water discharges.

Rhodes v. MBA Polymers, Inc., et al.
Defended plastic recycler (Contra Costa County Superior Court) in seventeen toxic tort lawsuits filed on behalf of over 42,000 claimants in Richmond, California alleging "shelter in place" nuisance, trespass, and bodily injury caused by chemical and toxic release originating from facility fire and explosion. The firm successfully recovered full defense costs from the insurance carrier and settled case for less than policy limit. Lead plaintiffs' attorney was Lieff Cabraser. Involved in separate action brought by Occupational Safety and Health Administration due to worker death.

San Francisco BayKeeper v. AB&I Foundry.
Defended federal lawsuit filed by private enforcer for storm water violations. Defended Regional Water Board civil investigation for failure to comply with Remedial Action Order. Successfully sought and obtained payment of defense and settlement from company's insurer.

Santamaria v. Screwmatic, et al.
Defended manufacturing companies (Los Angeles Superior Court Central Civil West complex calendar) in multi-party toxic lawsuits filed on behalf of several thousand claimants in San Gabriel, California alleging bodily and property damage arising from groundwater contamination. Plaintiff's attorneys included Girardi & Keese.

Save the Valley v. French Ranch Development.
Defended developer of largest housing development against allegations of failure to comply with Clean Water Act. Interfaced with San Francisco Regional Water Quality Control Board to help preempt litigation.

State of California v. Lehnus Foundry.
Represented foundry owner and foundry in action under the Carpenter-Tanner-Presley State Superfund Law prosecuted by the California Attorney General's Office. Recovered entire defense and clean up cost from insurer.

State of California v. Southland Oil, et al.
Represented over 50 companies, which included many Southern California automobile dealers and several Fortune 200 companies, in the formation of De Minimis Defense Group. Achieved 90% reduction in the settlement demand for entire group in action brought by PRP Committee to recover costs incurred to implement consent decree in action against the California Attorney General's office.