News & Analysis as of

Motion to Dismiss Hazardous Waste

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Statute of Limitations

A United States District Court (N.D. California) (“Court”) addressed in an April 22nd Order whether the statute of limitations (“SOL”) barred a Clean Water Act (“CWA”) citizen suit action. See Clarke v. Pacific Gas & Electric...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Cathode Ray Tubes/Warehouse: Federal Court Addresses Superfund Corporate Veil Piercing Issue

The United States District Court for the Southern District of Ohio (“Court”) addressed in a November 13th Order an issue arising out of a Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trafalgar/Stump Dump: Fredericks/Fredericks Construction Company, Inc.'s Joint Reply to Bella Vista Property Owners Association's...

Fredericks Construction Company, Inc. (“Fredericks Construction Company”) and Thomas Fredericks (“Fredericks”) filed a Joint Reply to the Bella Vista Property Owners Association’s Response to Motions to Dismiss. See Docket...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trafalgar/Stump Dump Site: Bella Vista Property Owners Association Response to Fredericks Construction Company, Inc.,'s Motion to...

The Bella Vista Property Owners Association (“POA”) filed a Brief in Opposition to Thomas Fredericks and Fredericks Construction Company Inc.’s (collectively, “FCC”) Motion to Dismiss the POA’s challenge to a Consent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA/RCRA Cost Recovery Action: U.S. District Court Addresses Potential Liability of an Individual

The United States District Court for the Eastern District of California (“Court”) addressed in a November 16th Memorandum and Order (“Order”) the liability of an individual under certain federal and state environmental...more

Best Best & Krieger LLP

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

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A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

Beveridge & Diamond PC

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

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