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Consumer Law
Consumer Protection
Violation of Proposition 65

Clean Water Fund and Association of Irritated Residents v. Valley Water Management Company

Published: Jul. 9, 2021 | Result Date: Mar. 31, 2021 | Filing Date: Jun. 24, 2019 |

Case number: BCV-19-101750 Settlement –  $645,000

Judge

David R. Lampe

Court

Kern County Superior Court


Attorneys

Plaintiff

Jason R. Flanders
(Aqua Terra Aeris Law Group)

Matthew C. Maclear
(Aqua Terra Aeris Law Group)


Defendant

Michael N. Mills
(Stoel Rives LLP)

Sarah M. Taylor
(Stoel Rives LLP)

Bao M. Vu
(Stoel Rives LLP)

Melissa A. Thorme
(Downey Brand LLP)

Patrick F. Veasy
(Downey Brand LLP)

Jean M. Pledger
(Pledger Law, PC)


Facts

Clean Water Fund and Association of Irritated Residents, nonprofit corporations that advocate for clean water and air quality, filed a public interest suit against Valley Water Management Company, regarding toxic chemicals in its water.

Contentions

PLAINTIFF CONTENTIONS: Plaintiffs contended that defendant knowingly discharged a significant amount of toxic chemicals into drinking water sources, thereby posing carcinogenic and reproductive toxicity threats to the public and its drinking water sources.

DEFENDANT CONTENTIONS: Defendant denied all allegations.

Result

The case settled for $645,000, including a non-contingent civil penalty of $139,000, $481,000 in attorneys fees/costs, and $25,000 in lieu of penalty.


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