Environmental Litigation

Cost Recovery, Allocation, Product Liability, Toxic Torts, California’s Prop. 65

Edgcomb Law Group, LLP’s experienced trial and appellate counsel have a long and successful track record of representing clients in a variety of environmental litigation matters in both federal and state courts. Through our work with many of the top environmental consultants and testifying experts in North America, our attorneys have developed specialized expertise in understanding and litigating the technical issues that predominate in environmental litigation cases, including groundwater modeling and chemical fate and transport analysis. Our environmental litigation attorneys have substantial experience in successfully mediating environmental litigation cases to conclusion, including the creative use of environmental insurance and escrow accounts to provide long-term funding solutions for impaired properties and, when necessary, taking cases to trial.

We have represented clients in both the prosecution and defense of many cost recovery and contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”), as well as both citizen suits and enforcement actions under the Clean Water Act (see Clean Water Act practice area for more detail). We also have litigated claims seeking injunctive relief based on the federal Resource Conservation and Recovery Act (RCRA), claims based upon state statutes such as California’s Polanco Act, Unfair Competition Law (CA Bus. & Prof. Code), and Proposition 65, as well as state common law tort claims (i.e. negligence, nuisance and trespass). We also have handled litigation matters involving the valuation of commercial and industrial properties affected by environmental issues.

In addition, our attorneys have litigated environmental matters in a toxic tort/product liability context, including groundwater contamination and exposures to chemical and petroleum hydrocarbon products. We have a wide-ranging administrative practice including representation of clients in federal and state administrative proceedings, administrative appeals and enforcement actions.

Representative Experience

  • Litigated a number of early CERCLA cost recovery cases, including one of the first to recognize the right to private party cost recovery under CERCLA Section 107(a).
  • Brought a successful interlocutory appeal to the Ninth Circuit Court of Appeal in a CERCLA cost recovery case concerning the inability of a potentially responsible party (“PRP”) to bring a CERCLA Section 113 contribution claim arising from a voluntary cleanup.
  • Litigated numerous complex, multi-party cost recovery lawsuits based on CERCLA, RCRA and state law claims in California, Nevada and Ohio federal courts to successful conclusions, including a month-long CERCLA trial in U.S. District Court, No. District of California (settled).
  • Litigated a cost recovery action involving state law and contract claims on behalf of a property owner against a former industrial lessee to successful conclusion.
  • Litigated a multiple PRP cost recovery action concerning chlorinated solvent contamination on behalf of former landowner/lessor.
  • Served as lead counsel for a major refining company in Superfund environmental litigation in South Valley, Albuquerque, NM, including toxic tort claims arising out of alleged arsenic contamination.
  • Served as lead trial counsel for a chemical manufacturer in parathion poisoning wrongful death case.
  • Served as lead trial counsel for a chemical manufacturer in PCE/TCE matters, including allegations of toxic torts.
  • Served as lead counsel for a refiner in multiple nationwide MTBE lawsuits.
  • Served as lead counsel for a refinery in alleged benzene air contamination.
  • Served as lead counsel for a refinery in multiple alleged Proposition 65 petroleum products lawsuits.

Contact Edgcomb Law Group, LLP for additional information about our environmental litigation practice.

Attorneys:  Gabriel J. Padilla