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Environmental Law
CERCLA
Groundwater Cleanup

United States of America, State of California v. Montrose Chemical Corp. of California, et al.

Published: Oct. 2, 2020 | Result Date: Aug. 6, 2020 |

Case number: 2:90-cv-03122-DOC-GJS Settlement –  $56,600,000

Judge

David O. Carter

Court

CD CA


Attorneys

Plaintiff

Deborah A. Gitin
(U.S. Department of Justice)

Megan K. Hey
(Office of the Attorney General)

Sarah E. Morrison
(Office of the Attorney General)


Defendant

Kelly E. Richardson
(Latham & Watkins LLP) for Montrose Chemical Corporation of California

John T. Ryan
(Latham & Watkins LLP) for Montrose Chemical Corporation of California

Benjamin D. Gibson
(Latham & Watkins LLP) for Montrose Chemical Corporation of California

Winston P. Hsiao
(Skadden, Arps, Slate, Meagher & Flom LLP) for TFCF America Inc.

Gregg D. Zucker
(Foundation Law Group LLP) for Stauffer Management Company and attorneys-in-fact for Bayer CropScience Inc.

J. Wylie Donald
(McCarter & English LLP) for Stauffer Management Company and attorneys-in-fact for Bayer CropScience Inc.

George J. Gigounas
(DLA Piper LLP) for JCI Jones Chemicals Inc.


Facts

Defendant Montrose Chemical Corporation of California formerly operated a manufacturing facility in Los Angeles. The U.S. Environmental Protection Agency, the U.S. Department of Justice and the California Department of Toxic Substances Control sued defendant for violation of Section 107 of the Comprehensive Environmental Response, Compensation and Liability of 1980.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant's manufacturing facility had been releasing hazardous substances such as pesticides, chlorobenzene, benzene and trichloroethyelene contaminating the groundwater.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The parties agreed to a $56.6 million settlement for cleanup of the groundwater at the Dual Site Groundwater Operable Unit in Los Angeles County.


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