The attorneys at Phillips Law handle a wide variety of civil, administrative and criminal matters, representing individuals, companies and other entities in cases under all of the major federal and state environmental statutes.
Our clients are active in a wide range of manufacturing businesses, as well as construction, chemical, and retail businesses. We step in to assist when they face litigation and enforcement action such as:
• Investigations and enforcement actions
• Cost-recovery actions for environmental damages
• Citizen suits under federal and state statutes
• Land use litigation with public agencies (including inverse condemnation suits)
• Government enforcement and variance proceedings
• Personal injury actions resulting from alleged exposure to hazardous substances
and products (“toxic torts”)
Our representation includes responses to notices of violation from federal, state and local authorities, including OSHA, and negotiating complex consent orders. We have defended clients in “bounty hunter” litigation under California’s Proposition 65 and in “green labeling” investigations by the Federal Trade Commission.
Toxic Torts
We defend mass tort actions alleging exposure to toxins and other chemicals. We have represent manufacturers in tort cases that allege exposure via airborne emissions and via ingestion of groundwater—a type of claim that is becoming very common, especially in conjunction with Proposition 65 claims.
Water Quality
We have handled contested water quality matters, including groundwater litigation alleging toxic exposure, state and federal groundwater contamination contribution actions, among others.
Enforcement
Our cases include defense against governmental enforcement efforts. We defend clients in administrative and civil judicial enforcement actions. Our lawyers also represent clients in environmental criminal matters that become apparent upon receipt of a subpoena, the execution of a search warrant, or the government seeking to interview current or former employees. We have also defended clients in criminal investigations associated with alleged violations of environmental rules and regulations.
Hazardous Waste
Our practice includes matters involving hazardous and extremely hazardous waste, in which we have defended enforcement actions under state and federal laws, and diesel emission cases. We have also pursued contribution and cost recovery actions stemming from soil and groundwater contamination.
Our attorneys have had considerable success in represent our clients involving environmental litigation. Some of these recent successes include:
• Recovered $2.1 million from former property owners in a contribution action under Comprehensive Environmental Response, Compensation, and Liability Act for soils and groundwater remediation and cleanup costs.
• Defended manufacturer in enforcement action under Porter-Cologne Water Quality Control Act and California Environmental Quality Act to produce limited soils and groundwater remediation and cleanup plan.
• Jury verdict in favor of our client under California Environmental Quality Act against adjoining property owners for soils contamination and property damage.