Although we have been extremely successful in representing clients in negotiating with agencies and parties to resolve disputes prior to litigation, Cox, Castle & Nicholson's environmental attorneys have represented clients in a variety of environmental litigation matters.
Governmental And Private Cost Recovery Litigation
We routinely represent landowners and companies that may be potentially responsible for remediating environmental contamination under CERCLA, RCRA, and other federal and state laws. We have defended owners and operators, developers, waste generators, transporters, and lenders in state and federal proceedings, cost recovery actions, and environmental cleanups involving contamination from manufacturing facilities, hazardous waste storage and disposal facilities, shopping centers, and other commercial properties. We also routinely represent parties seeking to recover cleanup costs, interest, and attorney’s fees from responsible parties and insurance companies. We litigate in state and federal court at both the trial and appellate level and have extensive experience in mediation, arbitration, and other forms of alternative dispute resolution.
Proposition 65 And Other "Right-To-Know" Laws
We advise clients on numerous compliance issues and enforcement matters involving California's Proposition 65. We have significant experience defending clients in Proposition 65 litigation, including claims arising from secondhand smoke exposure, automobile emissions in parking garages, and the presence of lead in various consumer products. We also counsel clients on requirements under the Emergency Planning and Community Right To Know Act (EPCRA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other federal and state laws concerning the disclosure or warnings required in the use or presence of hazardous materials.
Insurance Coverage Advice And Litigation
We provide insurance coverage advice and participate in insurance litigation in connection with remediation and toxic tort matters. Our attorneys 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 of the principal coverage issues that arise under Comprehensive General Liability (CGL) primary and excess policies and environmental insurance policies.
Toxic Mold Litigation
We have defended clients in litigation arising from the presence of allegedly toxic molds. To minimize the risk of such claims, we have counseled clients on mold screening procedures that can be incorporated into the due diligence process. We have also addressed the treatment of mold-related claims under various insurance products.