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Environmental Law
Environmental Protection
Illegal Hazardous Waste Disposal

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)

Kevin Wong

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)

Gaither Keener

Michael W. Fox

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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