Contact: Robert Falk or Bruce Reed Goodmiller
Morrison & Foerster has extensive experience in Superfund, product liability and toxic tort litigation. The firm’s environmental
attorneys understand the intricacies of federal and state requirements governing response, natural resources damages, product
liability, and toxic tort actions and have litigated them in both federal and state courts throughout the country.
The firm works to secure rational, cost-effective cleanup and resource recovery plans from regulatory agencies, ensuring that
investigative and cleanup costs are well spent while concurrently maximizing our clients’ potential for cost recovery. The
firm also successfully defends clients against toxic tort claims, including claims alleging personal injury and property damage
from mold and chemical and toxic exposures.
Morrison & Foerster also represents clients in non-litigation forums, from defending enforcement actions before regulatory
agencies to seeking permits and variances. The firm has extensive experience negotiating with agencies and parties to resolve
disputes prior to litigation, while preparing to successfully litigate any case.
The firm has defended clients in a wide range of environmental matters, including civil and criminal enforcement actions.
Morrison & Foerster’s litigators understand the legal and scientific underpinnings of environmental, toxic tort, and consumer
products litigation and are adept at handling multi-party lawsuits and class actions.
Representative Matters
- CERCLA Allocation Trial. Defended the East Bay Regional Park District in a CERCLA lawsuit initiated by Waste Management involving a former landfill
that is now a public park. Waste Management sought to hold the Park District liable as the current property owner for site
investigation and cleanup costs.
Result: Following a trial, the court assigned Waste Management a 95% share of future response costs and awarded our client reimbursement
of 95% of its past response costs. 135 F. Supp. 2d 1071 (N.D. Cal. March, 2001).
- Multi-Party Mediation/Environmental Litigation of State Law Claims. Advised the City and County of San Francisco (CCSF) in the environmental review and permitting of a major Master Plan expansion
of the San Francisco International Airport (SFIA). In connection with the Master Plan expansion, we represented CCSF in negotiations
with numerous tenants and multiple government agencies to obtain fast-track, facility-wide cleanup of hydrocarbon contamination
without delay to expansion activities and at significant cleanup cost savings to CCSF.
Result:Negotiations resulted in development of an innovative cleanup order under the state Containment Zone/Non-Attainment Policy,
which is serving as a model. In addition, we represent the CCSF in its ongoing efforts to recover environmental cleanup costs
at SFIA. Following intensive mediation and litigation in 1999-2000, the City and County recovered about $13 million from twenty-nine
current and former tenants (airlines and oil companies). A second phase of cost recovery (over $13 million) is underway.
- A Natural Resource Damages Action: Mercury. Represented the Santa Clara Valley Water District in a CERCLA Natural Resource Damages action concerning mercury
contamination in the Guadalupe River Watershed and South San Francisco Bay.
Result:Through extensive engagement with the U.S. Fish & Wildlife Service and other agencies, we were able to avoid litigation by
participating in a collaborative damages assessment and settlement process, resulting in minimal costs and resolution of claims
without litigation expense. Our client was able to implement local restoration and natural resource enhancement projects in
lieu of paying either compensatory damages or federal or state oversight costs or legal fees.
