Representative Environmental Practice Cases

Toxic Tort

  • We represented six defendants while serving as Defense Liaison Counsel for more than 80 total defendants, and coordinating the successful defense effort in an industrial exposure toxic tort case brought by more than 200 plaintiffs. The case was ultimately dismissed without leave to amend on our demurrer to the plaintiffs' fourth amended complaint. We also took the lead on drafting and arguing the appeal of the matter, which was affirmed in its entirety.
  • We represented the manufacturer of insulation products sued by a plaintiff claiming exposure to asbestos. We brought a motion for summary judgment based on the plaintiff's inability to prove that our client's product contained asbestos. Prior to the hearing on our motion, plaintiff agreed to settle for a waiver of costs rather than risk a possible adverse ruling and award of attorneys' fees.
  • We represented the manufacturer of numerous paints and paint thinners in a suit brought by a plaintiff claiming that his exposure to the products caused him to develop a rare circulatory problem. After demonstrating that the plaintiff would have significant difficulty establishing a causal link between the client's products and his illness, the case was settled for a relatively small amount prior to trial.
  • We represented a gas supplier in a pair of cases brought by plaintiffs claiming that the product had caused cancer. We demonstrated to the plaintiffs' counsel that the plaintiffs could not prove that either plaintiff could have been exposed to the client's product, leading to a voluntary dismissal of the cases.

Stormwater

  • We represented a client in the first US EPA stormwater enforcement action ever brought in California. After an exhaustive investigation by the EPA, Jasom Booth negotiated an amicable resolution whereby the client paid only a relatively small fine and agreed to take on a Supplemental Environmental Project. After the SEP was completed, the EPA and the Firm's client held a joint press conference outside one of the client's facilities to announce the success of the client's SEP, to praise the client's efforts, and inform the public of the substantial environmental benefits that were expected to flow therefrom.
  • We represented two construction industry trade associations in a dispute with the NRDC and the Waterkeeper Alliance over the scope of the EPA's obligations under the Clean Water Act, and whether the EPA had authority to refuse to impose numeric effluent limits on stormwater discharges from construction sites.
  • We represented a trucking company sued by a Non-government Organization (NGO) for alleged violations of the Clean Water Act based on discharges of stormwater containing elevated levels of sediment and oil and grease. We met with representatives of the NGO and negotiated an early resolution of the matter, which called for the client to make a modest financial contribution to an environmental charity, and fund the preparation of an educational article regarding stormwater management. We prepared the article, Who'll Stop The Rain, published in CalTrux Magazine in August 2008.

Habitability Defense

  • We represented a Los Angeles mobilehome park in a complex collection of related cases involving multiple lawsuits and 120+ plaintiffs alleging nuisance, trespass, personal injury, property damage, and breach of contract. We coordinated the settlement efforts, including multi-tracked mediations, ultimately leading to the collective and favorable settlement of the matters.
  • We represented an apartment building owner in a putative class action involving allegations of mold contamination and other alleged housing code violations. After first eliminating the class allegations, the case was later dismissed on motion as to the lone remaining Plaintiff.