Attorney and Lawyer in Westlake Village, Ventura, Thousand Oaks, Los Angeles California, and Nevada

Shopping Mall Owner Liable

Shopping Mall Owner Liable

On July 26, 2013, the United States Court of Appeals for the Ninth Circuit issued a published opinion upholding a judgment obtained by the Firm on behalf of homeowners against the owner of a shopping mall for contamination of soil and groundwater beneath their neighborhood from chemicals used by a dry cleaner tenant that operated for decades at the Maryland Square Shopping Center, in Las Vegas, Nevada.  In 2012, Alexander Robertson, IV, senior partner of the Firm, obtained summary judgment and a permanent injunction against the owner of the shopping mall under the Resource Conservation and Recovery Act (R.C.R.A. ).  Environmental law commentators have called this decision “the most important vapor intrusion case decided to date”.

The 9th Circuit’s opinion affirmed the summary judgment won by the Firm for the homeowners, who obtained injunctive relief under RCRA 7002 requiring the shopping mall owner to clean-up the plume of PCE-contaminated groundwater beneath the homeowner’s neighborhood.  A full copy of the 9th Circuit’s decision can be downloaded below.

9th Circuit U.S. Court of Appeals Decision PDF