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Environmental Law
Environmental Contamination
Unlawful Handling, Storage, Transportation and Disposal of Hazardous Waste

California v. Wal-Mart Stores Inc.

Published: Jul. 3, 2010 | Result Date: May 3, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 37-2010-00089145 Settlement –  $27,681,300

Court

Marin Superior


Attorneys

Plaintiff

Karen I. Doty

Douglas S. Whaley
(Office of the Sacramento County District Attorney)

Matthew C. Maclear
(Aqua Terra Aeris Law Group)

Anne M. Michaels
(Office of the Monterey District Attorney)

David J. Irey
(Office of the Yolo County District Attorney)

Thomas G. Heller

Stephanie B. Weissman
(Office of the San Bernardino District Attorney)

Daniel I. Silverman

Criselda B. Gonzalez

Daniel J. Wright


Defendant

Thomas J.P. McHenry


Facts

IIn 2005, a Solano County investigation, commenced after a was found child playing on a pile of fertilizer, and an Orange County investigation of fertilizers and garden products, spread in piles on a planter, joined with a San Diego investigation of unlawful hazardous waste disposal and other statewide investigations of Wal-Mart's hazardous waste handling.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Wal-Mart's 236 stores and distribution centers violated environmental laws by unlawful storage, transportation and disposal of Hazardous Waste; violated Underground Tank System laws; violated Hazardous Materials Release Response Plans and Inventory laws; and, violated Unfair Competition laws.

Result

The parties reached a settlement of $27.6 million, whereby Wal-Mart will pay a $20 million penalty, at least $3 million to improve their environmental compliance systems, $3 million for other environmental projects, and $1.6 million in costs of investigation and enforcement.


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