People of the State of California v. Lowe's Home Centers LLC fka Lowe's HIW Inc., Orchard Supply Co. LLC
Published: May 3, 2014 | Result Date: Apr. 1, 2014 | Filing Date: Jan. 1, 1900 |Case number: RG14718732 Settlement – $18,100,000
Court
Alameda Superior
Attorneys
Plaintiff
James P. Willett
(Willett & Willett LLP)
Kenneth A. Mifsud
(Office of the Alameda County District Attorney)
Alyce C. Sandbach
(Office of the Alameda County District Attorney )
Nancy E. O'Malley
(Alameda Count)
David J. Irey
(Office of the Yolo County District Attorney)
Defendant
Malcolm C. Weiss
(Hunton, Andrews & Kurth LLP)
Ann M. Mortimer
(Hunton, Andrews & Kurth LLP)
Facts
The People of the State of California sued Lowe's Home Centers LLC for violating environmental laws.
Contentions
PLAINTIFF'S CONTENTIONS:
The state investigated Lowe's and other affiliated companies for alleged violations related to the transportation, use, management, training, storage, and disposal of hazardous materials and wastes. The state then filed suit, seeking a permanent injunction, civil penalties, and other equitable relief.
Result
The parties settled. The court entered an injunction against defendants, requiring that they comply with relevant Health & Safety Code and Business & Professions Code provisions. Defendants were also ordered to pay $12,250,000 in civil penalties, and $2,075,000 to the prosecuting agencies/regulatory agencies for supplemental environmental projects, and $600,000 for reimbursement of attorney fees, costs of investigation, and other costs of enforcement. Additionally, defendants were ordered to spend $3,175,000 as remedial measures to minimize hazardous waste generation in California.
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