Hall Street Associates v. Mattel, Inc.
Successfully defended Mattel, Inc. before U.S. Supreme Court in case arising from contaminated property dispute in Beaverton, Oregon at site of former View Master facility. Although Mattel did not contaminate property, its landlord sought to hold it liable. Supreme Court heard procedural issue regarding whether expanded judicial review of arbitration decisions was available under Federal Arbitration Act. Court held in accordance with Mattel's assertion that no such expansion was available; case has been remanded for further proceedings.
First Fish and Game Approved Mitigation Plan
Represented IMC Corporation in defending criminal action regarding alleged illegal take of migratory birds from exposure to process ponds. Negotiated settlement and first-ever wildlife mitigation plan with California Department of Fish and Game under Fish and Game Code Section 3007.
Kano Laboratories.
Represented Kano Laboratories in an enforcement action by the California Air Resources Board regarding emissive content and labeling of adhesive coatings.
Mattel, Inc. Environmental Issues.
Represented Mattel, Inc. in relation to volatile organic compound control measures and spray booth issues before South Coast Air Quality Management District.
Natural Resources Defense Council v. U.S. Army Corps of Engineers
Served as Port\'s lead trial counsel in federal court action against citizens\ group challenging validity of Clean Water Act Section 404 permit and NEPA process for China Shipping Terminal.
People v. Thomas Crane Trucking Co.
Obtained court ordered dismissal of all charges against Thomas Crane Trucking Company in a felony action alleging violations of federal and state law from oil production and servicing operations in the Bolsa Chica area.
Shea Homes Stormwater.
Served as lead outside counsel for Shea Homes for stormwater enforcement matters. Represented Shea in stormwater enforcement actions by RWQCB and municipal agencies. Assisted in preparation of SWPPPs and provided counseling on wide range of compliance issues. Provided training sessions and materials for Shea managers. Prepared contracts and scope of work requirements for stormwater compliance by contractors. Prepared comments on natural resource damage penalty matrix. Negotiated with citizens\' group regarding alleged stormwater releases to Malibu Creek.
Stormwater Advice to Port of Los Angeles
Provided legal counsel to the Port of Los Angeles regarding and storm water pollution control issues, including advising on the development of new wharf facilities at Pier 100.
Story v. Unocal Corporation (and Consolidated Actions)
Represented Key Energy Services in toxic tort litigation for alleged contamination from TPH and other chemicals in residential neighborhood development in Santa Maria, California. Represented client on appeals to State Water Resources Control Board of orders regarding responsible party status.
United States of America v. Saito
Obtained dismissal of criminal charges against Lodi Memorial Hospital related to alleged asbestos removal practices.
Waste Management of Alameda County, Inc. v. East Bay Regional Park District
Represented the East Bay Regional Park District in a CERCLA case involving a former landfill that was being converted into a shoreline regional park along San Francisco Bay. Following trial, obtained a ruling allocating 95% of the response costs to Waste Management, the former owner and operator of the landfill, and only 5% to the Park District, as the site’s current owner.
Cleanup of San Francisco International Airport
Served as lead trial counsel in federal court action City and County of San Francisco v. Atlantic Richfield, et al., (CV97-2965 N.D. Cal) to clean up historical contamination by numerous tenants at airport. The resulting settlement and work commitment, which exceeded $140 million, was the largest environmental settlement in California in 2006.
First Proposition 65 Judgment After Trial
Served as lead trial counsel for the nation's leading diesel engine manufacturers Cummins Engine Company, Inc., John Deere Construction Equipment Company, Detroit Diesel Corp., and Caterpillar, Inc., in the first defense judgment achieved after trial in a Proposition 65 action. (Environmental World Watch v. Cummins Engine Company, LASC No. B128039.)
Owens Lake and the Clean Air Act
Served as lead trial counsel to address the nation's largest source of particulate air emissions, the Owens Dry Lake Bed. Obtained judgment after trial against Department of Water and Power, and settlement in adminstrative adjudication before California Air Resources Board. The resulting settlement led to a new State Implementation Plan and shallow flooding of the lake bed. With a total value in excess of $100 million, it was the largest California environmental settlement in 2007.
Superfund and Groundwater/Contaminated Sediments Cleanup (CA USDC Eastern District of California)
Served as lead counsel for Union Pacific Corporation for the cleanup of the McCormick and Baxter Superfund site due to soil, groundwater, and slough contamination. Negotiated a favorable settlement of past cost and future work under a consent decree with the U.S. Environmental Protection Agency and California Department of Toxic Substances Control.
Superfund and Landfill Cleanup Litigation
Served as lead trial counsel for 3M Corporation to defend against Superfund action by the State of California regarding the Cal Compact landfill site in Long Beach, California (State of California v. Atlantic Richfield). Case resulted in favorable settlement for 3M.
Orange County Groundwater Litigation
Representing two companies in one of the largest groundwater contamination cases of its kind (TCE, PCE, DNAPL and perchlorate), involving a precedent-setting issue of whether a water district has the ability to create its own mini-Superfund. Obtained summary judgment for both companies.
RCRA Contaminated Property Remediation Litigation
In one of the state’s largest RCRA cases set for trial in 2012, obtained cleanup and injunctive relief for solvent (toluene and methane) contamination on behalf of Newark Industries caused by a prior facility operator, and recovery of more than $1.1 million in attorney fees and costs.