The People of the State of California, By and Through the Bay Area Air Quality Management District v. Pacific Steel Casting Co. and Does 1 Through 50 Inclusive
Published: Jul. 14, 2007 | Result Date: Apr. 26, 2007 | Filing Date: Jan. 1, 1900 |Case number: RG06284043 Settlement – $150,000
Court
Alameda Superior
Attorneys
Plaintiff
Brian C. Bunger
(Holland & Knight)
Defendant
Ruben A. Castellon
(RAF Law Group)
Facts
The Bay Area Air Quality Management District issued violations to Pacific Steel Casting Co. in response to civilian complaints regarding the odor from its foundry. Pacific Steel agreed to install a carbon absorption system, but did not obtain the proper approval, so the project was delayed. The district sued Pacific Steel claiming environmental damages and breach of the settlement agreement.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant failed to obtain approval by the statutory deadline and to execute timely emissions inventories and health risk assessments.
DEFENDANT'S CONTENTIONS:
Defendant contended it met the settlement guidelines and that plaintiff's suit is premature.
Damages
Plaintiff sought declaratory relief and a $500 penalty per day of noncompliance.
Result
$150,000 settlement
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