A Lower Bar For Calif. Agencies In Hazardous Waste Cases

By Ria Rana and John Parker (February 5, 2018, 11:36 AM EST) -- On Jan. 8, 2018, the California Court of Appeal rendered a decision in the City of Modesto v. The Dow Chemical Company that expands the sphere of liability under the Polanco Redevelopment Act and its 2014 policy successor, the Gatto Act, to chemical manufacturers. These statutes seek to impose liability on those who discharge hazardous waste. In the past, the Polanco Act (California Health & Safety Code §§ 33459-33459.8) had been used to only hold owners and operators of hazardous waste sites liable.

However, in the City of Modesto, in addition to suing the owners and operators of dry cleaners, the...

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