California Environmental Law Attorneys

» John Edgcomb

Todd Tholke v. Sailing Vessel Energy Team AC45 Litigation Successfully Resolved, Energy Team Thanks Tholke

ELG is pleased to announce that it has confidentially resolved all claims arising out of Todd Tholke v. Sailing Vessel Energy Team AC45, Civ. No. 12-05162, Northern District of California. The case involved local sailor Todd Tholke’s salvage and re… Read More

Federal Court’s Dismissal of Buyer’s Fraud Action in Allegedly Contaminated Gas Station Sale Highlights the Need for Land Purchasers to Conduct Independent Environmental Assessments

A Washington federal district court denied purchaser Pyramid Gold, Inc.’s claim that it was misled as to the level of contamination present at the gas station it purchased from BP West Coast Products, LLC. Pyramid Gold agreed to the sale after rece… Read More

Federal Court Dismisses CERCLA Suit based on Lack of Necessary Response Costs

By Clare Bienvenu & John D. Edgcomb In Stratford Holding, LLC v. Fog Cap Retail Investors, et al., Stratford Holding LLC (“Stratford”) sued its lessees, Fog Cap Retail Investors LLC (“Fog Cap”) and Foot Locker Retail Inc. (“Foot Locker… Read More

Edgcomb Law Group Moves & Changes Business Form

Edgcomb Law Group is pleased to announce its move to the prestigious McKesson Plaza at One Post Street, Suite 2100, San Francisco, CA. The majestic skyscraper is home to the McKesson Corporation’s headquarters and is located in San Francisco’s fi… Read More
Categories: Announcement

California Bill Limiting Deposition Time Set to Take Effect January 1, 2013

This week Governor Jerry Brown signed A.B. 1875 into law, adding Section 2025.290 to the California Code of Civil Procedure. The law, which will take effect on January 1, 2013, requires that many depositions be limited to seven hours in total. While… Read More

Federal District Court Allows Chevron to Proceed with a CERCLA § 107 Cost Recovery Action to Attempt to Hold Non-Settling “Smaller Responsible Parties” Jointly and Severally Liable for All Response Costs

The United States District Court for the Eastern District of California denied defendants’ motion to dismiss in Chevron’s CERCLA § 107 cost recovery action against them in connection with the EPC Eastside Disposal Facility site outside of Bakers… Read More

California Supreme Court Invalidates the Last Vestiges of the Common Law Release Rule – Plaintiffs May Recover the Unsatisfied Portion of All Awarded Damages from Nonsettling Joint Tortfeasors, Even in the Absence of a Good Faith Settlement

Until the California Supreme Court’s recent ruling in Leung v. Verdugo Hills Hospital, S192768, the common law release rule was technically still good law in California. Yet, the rule has long lain dormant due to jurisprudence and legislation that… Read More

State of California v. Continental Insurance: California Supreme Court Ruling Paves the Way for “Stacking” Multiple Insurance Policy Limits in Response to Certain Environmental Cleanup Claims

On August 9, 2012, in State of California v. Continental Insurance, S170506, the California Supreme Court applied the “all sums-with-stacking” rule to allow the State of California to “stack” the policy limits of several successive insurance… Read More

ELG wins Summary Judgment for CNA in Asarco’s $33M CERCLA Contribution Claim Suit

On June 6, 2012, U.S. District Judge William Alsup granted summary judgment to ELG client CNA Holdings, LLC (“CNA”) in a CERCLA § 113(f) contribution suit brought against it by Asarco LLC. COURT ORDER Asarco filed the suit in 2011 against CNA, a… Read More