Global Community Monitor v. Mcwane Inc.
Published: Aug. 2, 2014 | Result Date: Mar. 5, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-02014-SC Settlement – Equitable Agreement
Court
USDC Northern
Attorneys
Plaintiff
Douglas J. Chermak
(Lozeau Drury LLP)
Michael R. Lozeau
(Lozeau Drury LLP)
Richard T. Drury
(Lozeau Drury LLP)
Defendant
Ruben A. Castellon
(RAF Law Group)
Anna Louise Le May
(Castellon & Funderburk LLP)
Facts
Global Community Monitor sued McWane Inc. pursuant to the Clean Water Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Global Community Monitor, a non-profit, is a public benefit corporation dedicated to the protection, enhancement, and restoration of waters in California, including those adjacent to urbanized areas of the San Francisco Bay. Global Community Monitor accused McWane of discharging storm water with industrial activity in violation of the Clean Water Act.
DEFENDANT'S CONTENTIONS:
McWane denied any wrongdoing.
Result
The parties agreed to settle their dispute. Under the settlement agreement, McWane agreed to comply with the Act by taking measures, including, among others, implementing storm water controls and complying with certain reporting requirements. In addition, McWane also agreed to pay $47,000 in reimbursement for Global Community Monitor's investigative, fees and costs, as well as monitoring of its compliance with the agreement.
Other Information
In lieu of paying any penalties, the parties agreed that McWane will pay $48,000 to the Rose Foundation for Communities and the Environment in order to provide grants for environmentally beneficial projects in San Francisco Bay watershed. FILING DATE: May 1, 2013.
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