Jackson Gilmour & Dobbs secures key victory over Occidental Chemical Corporation in the Passaic River Litigation
In July of 2011, Superior Court Judge Sebastian P. Lombardi, presiding in Essex County, held that Occidental Chemical Corporation, one of eight companies named in a lawsuit filed by the State of New Jersey, is jointly and severally liable to contribute to the cleanup and removal costs under the state's Spill Compensation and Control Act. The federal Environmental Protection Agency, the lead agency on the river's cleanup, has estimated the cost of remediation for the most heavily contaminated portion of the river, an eight-mile stretch nearest the Lister Avenue plant, at $1 billion to $4 billion. Occidental had claimed in court papers that it did not assume responsibility for the contamination from the Lister Avenue site when it acquired corporate stock from Diamond Shamrock. Jackson Gilmour & Dobbs, PC serves as special counsel to the Attorney General of the State of New Jersey in litigation against the corporate successors to the former Agent Orange manufacturing plant that intentionally dumped dioxins into the Passaic River.
Jackson Gilmour & Dobbs secures Summary Judgment against Defendant Tierra Solutions Inc. in the Passaic River Litigation
In August 2011, Superior Court Judge Sebastian P. Lombardi, presiding in Essex County, held current site owner Tierra Solutions Inc. liable for cleanup under the New Jersey Spill Compensation and Control Act. Judge Lombardi determined that the companies are liable under the New Jersey Spill Compensation and Control Act for all past and future cleanup and removal costs associated with hazardous discharges from the plant, which manufactured pesticides and herbicides from 1951 to 1969. Tierra acquired title to the Diamond Shamrock chemical plant at 80 Lister Avenue in 1986 and still currently owns the site. Jackson Gilmour & Dobbs, PC is serving as special counsel to the Attorney General of the State of New Jersey in litigation against the corporate successors to the former Agent Orange manufacturing plant that intentionally dumped dioxins into the Passaic River.
Jackson Gilmour & Dobbs, PC receives Pro Bono Award from Judiciary.
In May, Jackson Gilmour & Dobbs, PC was awarded the Harris County Bench/Bar Pro Bono Award for outstanding pro bono efforts for the public. The award is made on behalf of the Harris County Judiciary and local bar associations, with the selection committee made up of seven members of the judiciary and five practicing attorneys serving as leaders of local bar organizations, including the Houston Bar Association. Jackson Gilmour & Dobbs, PC was nominated for the award by the Galveston Bay Foundation for the firm's pro bono work in connection with the San Jacinto River Dioxin Pits Site.
Galveston Bay Foundation
Jackson Gilmour & Dobbs, PC has been retained by the Galveston Bay Foundation to work with the United States Environmental Protection Agency to ensure that immediate and effective response actions are taken at the San Jacinto River Waste Pits Superfund Site. The Firm is representing the Galveston Bay Foundation on a pro bono basis and joins GBF in applauding the EPA's approach to interim removal and containment of the dioxins from these pits that constitute an ongoing and significant source of dioxin loadings to all of Galveston Bay.
Jackson Gilmour & Dobbs secures Jurisdictional Win on Passaic River
Jackson Gilmour & Dobbs, PC is serving as special counsel to the Attorney General of the State of New Jersey in litigation against the corporate successors to the former Agent Orange manufacturing plant that intentionally dumped dioxins into the Passaic River. Following a lengthy jurisdictional battle, the New Jersey courts denied the parent companies' motions to dismiss the claims against them for lack of personal jurisdiction in New Jersey, based in part upon their subsidiaries' actions in New Jersey. Attorney General Ann Milgram issued a press release applauding this important ruling and noting its significance to the ultimate clean-up of the Passaic River.
Click here to view the Attorney General's Press Release and the Court's Opinion
Dredging Up Ghosts
Operations of Port Authorities across the country are impacted every day by contaminants suspended in the waters of the ports, such as from an oil spill, or in the submerged sediments, which often contain pesticides and other hazardous substances from historical neighboring operations. Often times, such contamination can either halt or dramatically increase the cost of dredging and disposal operations, which can have a dramatic impact on ports and commerce generally. Fortunately, there are various legal remedies afforded port authorities, governmental entities, and institutional landowners seeking to avoid or recoup such costs.
The Long Poisonous Wait
The long history of the contamination in the Passaic River and the urgent need for remedy and restoration of the Passaic River and surrounding areas are examined by the Newark Star-Ledger.
Oil Spill Issues Facing Gulf Ports
Days after the Deepwater Horizon oil spill began, Jackson Gilmour & Dobbs, PC was the featured presenter and underwriter of the Gulf Ports Association of the Americas Spring Meeting. At that meeting, Micheal Dobbs presented to the port authorities on the Gulf of Mexico on the status of BP's Deepwater Horizon oil spill, the nature of the environmental and economic impacts that could be expected as a result of this historic release, and some of the legal remedies available to port authorities under the Oil Pollution Act and other federal and state causes of action. For a summary of the PowerPoint presentation please click on the download icon on this page.