United States District Court Approved a Consent Decree

Today, the United States District Court approved a consent decree to settle a lawsuit by the California Department of Toxic Substances Control (DTSC) for cleanup and oversight costs of a property located in Pomona, California. Under authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the California Hazardous Waste Control Law, DTSC alleged that the site operated as a metal plating and stripping facility from 1965 to 2009 and led to nickel, chromium, lead and other soil contamination by other hazardous substances. Our clients previously co-owned the property and business. By approving the settlement, the Court agreed that the settling defendants would pay 65% of the State’s claimed cleanup and oversight costs and place a land use restriction on the property.