Environmental

Gordon & Rees Environmental Group attorneys have extensive experience with all major environmental statutes, including the federal Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund), Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), and California's Proposition 65. Matters handled have involved numerous regulated chemicals and substances, including petroleum hydrocarbons, methyl tert-butyl ether (MTBE), pesticides, polychlorinated biphenyls (PCBs), fertilizers, chlorinated solvents, and toxic metals.

Toxic Tort

Gordon & Rees represents numerous oil and chemical companies in the western United States in toxic tort and products liability actions involving claims for personal injury and wrongful death. Many of the cases we handle involve dozens, hundreds, and even thousands of claimants.

The central allegation in these cases typically is that the plaintiff (or a deceased relative) was exposed to a toxic chemical by the defendant and as a result developed serious injuries or died. The most frequent types of injuries are leukemia and diseases of the blood-forming organs; cancers and solid tumors of principal organs (e.g., lung, bladder, brain); brain injury; peripheral nerve injury; and lung disorders (e.g., Reactive Airway Dysfunction Syndrome, or "RADS," and other irritant-induced asthmas, and the asbestos-related diseases).

The source of the chemical exposure can be a worksite, a consumer product, a landfill, a manufacturing facility, or a general environmental release. The chemical products include various solvents (e.g., benzene or chlorinated solvents), gasoline and its constituents; motor oils, other lubricants and specialty motor blends and additives; heavy metals such as arsenic and vanadium; agricultural chemicals including pesticides such as 2,4 D; and fibers (e.g., asbestos) and silicates. We also have considerable experience in the area of indoor air quality and "sick building" syndrome, and are one of the state's leading firms in defending "mold" cases.

Gordon & Rees has been highly successful in resolving cases at an early stage through dispositive motions. We pay particular attention to and have extensive experience in exposing and excluding proposed "junk science" expert opinion. In other instances, we have successfully tried a substantial number of toxic tort cases to jury verdicts. Gordon & Rees is unique in that our understanding of the science and medicine, on which these cases turn, permits us efficiently to organize the defense and to communicate with clients. Our lawyers include former toxicologists, epidemiologists, and OSHA Inspectors. Such real world expertise allows us to focus and identify key information and allows for effective presentation to juries and courts. We have also developed and maintained contacts with leading national experts, including forensic toxicologists, oncologists, immunologists, and industrial hygienists. We also have an extensive collection of testimony transcripts from leading plaintiffs' experts to draw upon when cross-examining and deposing plaintiffs' experts in various jurisdictions.

Representative Toxic Tort Cases

• Represented producers of agricultural chemicals in actions brought by municipalities and by private citizens.
• Representation of manufacturers of petroleum products in numerous toxic tort and environmental contamination lawsuits
• Represented manufacturers of dry cleaning machinery in environmental contamination suits, and the City of Los Angeles, as well as several major petroleum producers, in Proposition 65 suits concerning the Ports of Los Angeles and Long Beach.
• Defense of numerous actions for contamination of soil, groundwater, surface water, and air.

• Avoidance or limitation of environmental liabilities in property transactions.
• Permits, entitlements, and variances.
• Indoor air permitting and review.
• Advocacy before local planning boards regarding state Environmental Impact Reports (EIR) and federal Environmental Impact Statements (EIS).

• The Group's counseling compliance practice and expertise encompasses a broad range of federal, state and local environmental laws, and includes development of environmental audit programs, regulatory and SARA reporting obligations, and endangered species issues.

Mold

Gordon & Rees has defended many different types of mold-related lawsuits, representing developers, contractors, sub-contractors, property owners and managers, HOA, manufacturers of construction products, and many other types of defendants in the mold litigation. These cases have involved construction, personal injury, landlord-tenant and insurance issues. And, as mold litigation has expanded, so have the types of defendants. The firm has also been called up to represent the professionals involved in mold prevention, investigation, testing and remediation including industrial hygienists, remediation contractors, and others.

As a result of these efforts, Gordon & Rees has developed an extensive library of deposition transcripts, research papers and other critical materials necessary for the defense of any mold claim. Similarly, we have an extensive legal research library on issues which arise in mold cases and have a "brief" bank which includes pre-trial motions, summary judgment motions and other likely motions involved in the mold litigation.

We have also worked with many different mold experts and consultants and maintain strong relationships with the leading engineers, doctors and scientists who are involved in mold research and consulting work.

The firm produces regular newsletters, "Mold Matters" and "Mold Bulletins," to keep clients abreast of mold and other indoor environmental issues. Additionally, Gordon & Rees attorneys are frequent speakers at local and national conferences pertaining to mold.

Representative Mold Cases

• Mold contamination in a 600-unit apartment complex in Sacramento. As a result of the alleged mold infestation, 26 separate lawsuits were brought against the property owner, management company and others. The case involved property damage and personal injury claims.
• Representation of the owner and property managers of a shopping center in Mission Viejo. Plaintiffs were tenants and employees of the tenants who sued for personal injury and loss of business.
• Representation of a homeowners association which was sued for improper management by luxury condominium owners. The case involved both property damage and personal injury mold claims.
• Defense of claims of neurological injuries brought on behalf of infants.