Overview
Cox Castle’s environmental litigation attorneys are experts at representing clients in a variety of disputes, from trial to appellate courts including the California and US Supreme Court. We have successfully prosecuted and defended cases with claims valued at more than $100 million. While we go to trial when necessary, we partner with clients to determine whether mediated resolution would be the best outcome for their business objectives.
Contaminated Property Litigation
We routinely represent parties redeveloping brownfield sites and, on their behalf, utilize CERCLA, RCRA and other federal and state laws to recover cleanup costs from historic polluters, corporate successors and insurance companies. We also routinely defend site owner/operators, developers, waste generators, transporters and lenders in cost recovery actions arising out of contamination from manufacturing facilities, waste storage and disposal facilities, shopping centers and other commercial properties.
Insurance Coverage Advice and Litigation
We provide insurance coverage advice and participate in insurance litigation in connection with remediation and toxic tort matters. We have aggressively pursued and obtained insurance coverage for defense costs, remedial expenses and other damages incurred by our clients in environmental matters. We are well-versed in all principal coverage issues that arise under Comprehensive General Liability (CGL) primary and excess policies and environmental insurance policies, such as pollution liability and contractors’ pollution liability policies.
Administrative Enforcement
We advise clients in administrative and enforcement matters arising from EPA, Regional Water Quality Control Board and Department of Toxic Substances Control (DTSC) orders, as well as proceedings involving toxic mold, emerging chemicals such as PFOS and PFAS and California’s Proposition 65.
Experience
Multi-Party CERCLA Action
Represented Fortune 1000 company against a multi-party The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action involving a groundwater plume, a multimillion-dollar claimed costs cleanup program, and highly complex litigation among more than 50 parties including the federal and state governments. The case generated precedent on CERCLA’s statute of limitations and the requirements for CERCLA contribution claimants and is poised to create new law on other key CERCLA issues, including apportionment/divisibility of harm, allocation of cleanup costs and orphan shares, and the viability and implications of serial trials over a single environmental cleanup project.
Multimillion-Dollar Cleanup Claim Against Municipality
Represented municipality against a multimillion-dollar cleanup claim of a site that a developer was forced to abandon due to vapor intrusion risk. As litigation counsel, Cox Castle obtained court approval for a settlement, and the client prevailed on the lone remaining defendant’s motion for summary judgment. As regulatory counsel, Cox Castle worked with the client’s environmental consultants to develop a cleanup plan and administrative record sufficient for litigation purposes. In addition to shielding the citizens from paying for the cleanup, the litigation will validate two statutes critical to brownfield redevelopment in California. It also aims to validate the application of successor liability in the context of a hostile takeover transaction, thereby opening that path to others with claims against the same foreign entity defendant.
DTSC Enforcement Case and Permit Renewal
Represented hazardous waste recycler in civil and criminal enforcement brought by a municipality to resolve all issues. Cox Castle represented the client in an enforcement case brought by The California Department of Toxic Substances Control (DTSC) and is in the process of resolving the issue with a Corrective Action Consent Agreement. The firm also advised the client in connection with a permit renewal proceeding with the DTSC, including the publication of an Environmental Impact Report (EIR).
Orchestrated CERCLA Cost Recovery and RCRA Injunctive Abatement Remedies
Represented real estate investment company against a claim that the company failed to remediate soil and groundwater contamination impeding an affordable and market-rate housing development. Cox Castle orchestrated The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery, The Resource Conservation and Recovery Act (RCRA)/nuisance injunctive abatement, and the contract enforcement remedies. The firm also developed the litigation strategy which yielded an almost final settlement agreement and a meeting date at which all stakeholders including the lead regulatory agency will conclude agreement on the cleanup plan.
Advised Municipality on Environmental Regulatory Issues and Insurance Coverage
Represented a municipality in connection with toxic tort claims asserted by homeowners near a site that was once a municipal landfill. Cox Castle also advised the client on the related insurance coverage issues, and ongoing, difficult regulatory process issues at the county and state level.
Negotiated with DTSC and Advised on Environmental Regulatory Issues
Represented waste management services company against claims by The Department of Toxic Substances Control (DTSC) that its facility allegedly violated hazardous waste (HW) regulations. Cox Castle led negotiations with DTSC, and engaged with CalRecycle to establish a successful “pilot program” so that the facility can continue to operate. The firm also represents the client with respect to other environmental regulatory issues, including compliance advice, permitting, and enforcement defense related to waste, air, water, and permitting items, and represents the client before various environmental agencies.