January 19, 2021

Hicks Thomas Environmental Litigation Team Successfully Navigates Clean Water Act Enforcement Action Brought by San Francisco Baykeeper

By Hicks Thomas LLP


Hicks Thomas LLP is pleased to announce that its environmental litigation team has reached a favorable settlement on behalf of a California company sued by a public interest group under the Clean Water Act.

The lawsuit, filed in January 2020 by the non-profit corporation San Francisco Baykeeper, claimed that the company’s Bay Area industrial facility violated the Clean Water Act by discharging polluted stormwater that exceeded U.S. Environmental Protection Agency and California standards for certain metals and suspended solids.

The company turned to Hicks Thomas’ Northern California office, which collaborated with the firm’s veteran team of environmental litigators in Houston.

“California is the first in the nation to enact more-detailed and stringent water standards, so it is a brave new world for many,” said Hicks Thomas Partner John Thomas. “I am very proud of the solution developed for our client, and I think it speaks to the expertise and experience we have helping businesses navigate the challenges around stormwater runoff. In this case, I am pleased we were able to find a cost-effective business solution to the problem that enabled the client to continue operating it business without interruption.”

In response to the lawsuit, Hicks Thomas teamed with environmental consultants to quickly assess technical aspects of the claims and develop a cost-effective business solution to the lawsuit claims. The Hicks Thomas team then negotiated a consent decree that enabled implementation of the business solution with minimal penalties or fees.

Hicks Thomas also worked with the company to navigate multiple challenges at the site, determining that the best and most cost-effective approach would be to consolidate the stormwater runoff and all the existing discharge points to one location for treatment.

After less than four months, the system installation was completed and deemed effective when zero exceedances were reported after the first significant rain event.

“The key to the solution was a quick assessment of the claims and a focused approach to cut off any future claims,” said Hicks Thomas Partner John Deis, who led the project to implement the remedy. “This meant developing a strategy using not just the law, but the technical expertise of our consultants to home-in on a remedy that would satisfy the needs of the client without breaking the bank.”

Related Posts

Hicks Thomas LLP Obtains Class Certification for Ford Owners in California

A proposed class of vehicle owners was granted class certification in a lawsuit against Ford Motor Company. A California federal judge granted the cert to Ford Focus car owners who claimed a suspension defect in some models led to dangerous tire wear. The decision came after the Ninth Circuit Court…

Full Text

The Party is Over… the Lights are Still On!

Don Meredith used to sing at the end of Monday Night Football games: “Turn out the lights, the party is over…” The refrain was from an old Willie Nelson song “The Party’s Over.” We think Willie Nelson is the right person to reference in a discussion about an Austin party….

Full Text

Young Lawyers at Hicks Thomas Earn 2019 Texas Rising Stars Honors

HOUSTON – Hicks Thomas LLP is pleased to announce that four of its senior counsel have been named to the exclusive 2019 Texas Rising Stars list. This honor, based on peer review and research, is given to no more than 2.5 percent of lawyers in Texas. This year’s honorees and…

Full Text

Call: 713-547-9100