Allen Matkins counsels and represents clients in matters involving the management, disposal and cleanup of solid waste and hazardous wastes, substances and materials under a variety of laws, including:
- Federal environmental laws, including CERCLA and RCRA
- California’s Health and Safety Code
- California’s nuisance, trespass and ultra-hazardous activity laws
We also assist clients with cost recovery, contribution and damages actions in state and federal courts for soil and groundwater contamination under state and federal law (including CERCLA) and assist clients with civil penalty and criminal enforcement actions under California’s Health and Safety Code and federal RCRA.
Superfund
We represent clients who have been named as responsible parties at federal Superfund sites, guiding them through a complex process that typically includes:
- Receipt of special notice letters and continues
- Unilateral administrative orders or administrative orders on consent
- Remedial investigations
- Development of feasibility studies
- Remedy negotiation and selection
- Consent decrees
- Cleanup
- Post-cleanup monitoring
- Delisting
- Cost recovery and/or contribution litigation
- Natural recourse damages claims
In addition, we represent clients in connection with unilateral administrative orders and administrative orders on consent under Section 106 of CERCLA and cost recovery and contribution actions under Section 107.
EXPERIENCE
- Major Manufacturer. Represented major manufacturer and related entities in connection with alleged perchlorate and TCE contamination of a Southern California groundwater basin.
- Major Oil Company. Represented a major oil company in the alleged contamination of a northwestern river for its entire 15 mile course. Preliminary assessments of the sediments in the river has caused some potentially responsible parties to estimate that the remedial investigation of the river itself will cost between $60 and $80 million with the cleanup potentially costing multiples of this number. The client is one of more than 100 potentially responsible parties.
- Oil and Gas Company. Represented oil and gas company in administrative civil liability complaint for $8.5 million arising out of beneficial reuse of crude oil impacted soils from operating oil field as road mix under Central Coast RWQCB waiver program for waste discharge requirements.
- Power Tool Manufacturer. Represented power tool manufacturer, a third party defendant and alleged generator of hazardous wastes in long-running litigation in federal district court.
- Port District. Represented port district in an administrative enforcement action brought by the RWQCB against numerous alleged dischargers to address metals, PCBs, tributyltin, among other contaminants of concern.
- Mercury Mine Operator. Represented alleged successor to last operator of a mercury mine in Department of Toxic Substances Control-led cleanup and related litigation, in resolution of U.S. Department of Interior and California Department of Fish and Wildlife action for natural resource damages under CERCLA.
- Water Company. Represented water company in federal court litigation against the United States Air Force, arising out of contamination of a drinking water supply well with pollutants released at an Air Force Base.
- Food Manufacturer. Represented food manufacturer in negotiations with U.S. Department of Justice and U.S. EPA of terms of consent decree, and with potentially responsible parties (PRPs) regarding cleanup responsibilities, cost contributions, and resolution of claims for contamination and treatment costs by affected water purveyors.
- Water Company. Represented water company in obtaining comprehensive resolution of water replacement claims arising out of past and threatened future contamination of drinking water supply wells by chlorinated solvents and perchlorate released to groundwater.
- Contaminated Solvent Recycling Facility. Represented former owner/operators of contaminated solvent recycling facility in regional water board-supervised cleanup and in related litigation in federal court with other responsible parties and indemnitors.
- Corporation. Represented corporation set up to address chlorinated solvent contamination at former industrial site in Northern California, and litigation in federal district court with other responsible parties regarding cleanup costs.
- Pulp Mill. Represented owner/operator of kraft pulp mill in connection with regional water board-led investigation and remediation of contaminated soil and groundwater.
- Port. Represented port in connection with site investigations and negotiations with industrial tenant that has generated PCB, metals and other contamination of soil and groundwater at the site.
- Water Company. Represented water company in negotiations with regional water board regarding cleanup and disposition of water supply wells contaminated or threatened by releases of perchloroethylene from large industrial dry cleaning plant, and in CERCLA litigation in federal district court against the owner of the plant.
- Property Owner. Represented plaintiff owner of property with contaminated groundwater in CERCLA action.
- Site Operator. Represented alleged former site operator in federal and state court litigation brought under CERCLA, HSAA, and state law common law theories.
- Water Company. Represented privately owned water company in CERCLA action for contamination of groundwater supplies in Sacramento.
- Private Party. Represented private party in administrative litigation contesting a Water Code §13304 cleanup and abatement order regarding perchlorate contamination of groundwater in Rialto, California.
- Private Party. Represented potentially responsible parties in administrative enforcement action brought by U.S. Environmental Protection Agency.
- Property Owner. Represented plaintiff owner of property with contaminated groundwater in CERCLA action.
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