This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Environmental Law
Negligence
Hazardous Waste

The People of the State of California v. Kmart Corporation

Published: Aug. 29, 2009 | Result Date: May 6, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 56-2009-00344058-CU-MC-VTA Settlement –  $8,650,000

Court

Ventura Superior


Attorneys

Plaintiff

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

Mitchell F. Disney
(Office of the Ventura District Attorney)

Margarita Padilla

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


Defendant

Michael J. Bonesteel


Facts

In 2005, the Riverside County District Attorney's Office and the California Attorney General's Office began an investigation into defendant Kmart Corporation's handling of hazardous waste. Plaintiff People of the State of California sued Kmart alleging violations of the Hazardous Waste Control Law, the Hazardous Material Release Response Plans and Inventory Act, and the Unfair Competition Laws.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Kmart delivered hazardous waste to landfills, and did not properly train employees on handling procedures. Further, Kmart failed to report the hazardous materials as required.

Damages

Plaintiff sought injunctive relief and civil penalties.

Result

The parties entered into a stipulated judgment whereby Kmart, without admitting negligence, agreed to pay $8,650,000 in civil penalties, restitution, supplemental environmental projects and costs.


#95340

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390