Description
of Major Cases:
C. de Baca v. ASARCO, Inc.: Class action toxic tort lawsuit successfully settled on the eve of trial in
1999. Mining concern agreed to remediate approximately 300 residential properties in north Denver
contaminated with arsenic, and pay damages to residents. Settlement
value: $12.3 million.
Neighbors for a Toxic
Free Community v. Vulcan Materials Co.: First reported decision in the nation under the Emergency
Planning provisions of the Emergency Planning and Community Right-to-Know
Act. Company’s failure to notify local agencies after its rail car spill
of hydrochloric acid prompted the evacuation of 200 families and opened
the door to a successful citizen suit by the residents. Published at
964 F.Supp. 1448 (D.Colo. 1997).
Trustees for Alaska v. State of Alaska: Two
successful challenges of an oil and gas lease sale in state waters
off the coast of the Arctic National Wildlife Refuge. Decision compelled
a pre-lease sale analysis of the risks of transporting oil to market
and a review of potential archeological and seismic impacts under
the state's coastal zone management program. Published at 795 P.2d
805 (Alaska 1990) and 851 P.2d 1340 (Alaska 1993).
Lopez, et al. v.
Duke & Long Distributing
Company, et al.: After the largest leaking underground
storage tank (“LUST”) incident ever reported in Colorado, four families in La Salle settled this
action in 2005 against Circle K, Conoco-Phillips, Inc. and other companies. Settlement value:
subject to confidentiality agreement.
Idaho Sporting Congress v. Computrol: Held
that the Community Right-to-Know Act authorizes citizen suits for
wholly past violations and allowed suit against fishing equipment
company to proceed. Published at 952 F.Supp. 690 (D. Idaho 1996).
Trustees for Alaska v. Lujan: Federal
approval of oil drilling which jeopardized Alaska's Beaufort Sea
polar bear population was challenged under the Marine Mammal Protection
Act based on the oil companies' lack of "incidental take" authority. Soon after the suit was filed, fifteen oil companies and
their contractors asked the U.S. Fish & Wildlife Service to promulgate the incidental
take regulations at issue.
ARCO v. Coastal Policy Council: Represented the Native village of Kaktovik, located off the coast of
the Arctic National Wildlife Refuge, in an attempt to protect whaling through the imposition of restrictions
on proposed oil development.
NYPIRG v. Town of Islip (and related lawsuits): Suit
to nullify State arrangement which permitted Islip to expand environmentally
unsound landfill in return for accepting the infamous Islip "Garbage
Barge" trash. Three preliminary injunctions obtained requiring inspection of
the Garbage Barge's contents and prohibiting its unloading in Nassau County,
Queens and Brooklyn, New York. Trial in Brooklyn increased national awareness
of the urban garbage crisis and recycling.
NYPIRG v. Williams: These rulings slowed and ultimately halted state approval of one of the nation's
largest (polluting) urban incinerators which would have been placed at the Brooklyn Navy Yard.
Rulings compelled the disqualification of the hearing officer due to his conflicts of interest. Published at
506 N.Y.S.2d 509 (N.Y. Sup. 1986), aff'd, 511 N.Y.S.2d 864 (N.Y.A.D. 1st Dept. 1987).
Groark v. Romeo: Fifty-five complaints filed in 1986-87 against election officials to compel them to
register college students to vote. The trial court reversed one-third of the challenged decisions in 1986.
In 1987, all complaining students (approx. 30) were awarded the right to vote. The New York State
appellate court decision further relaxed the residency requirements for voting by college students.
Published at 521 N.Y.S.2d 900 (N.Y.A.D. 4th Dept. 1987).
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