The conference brings together leading practitioners, policymakers, and thought leaders for an in-depth exploration of today’s most urgent and complex issues in water, environmental, energy, and resource law.

Mr. Dunlavey will speak on the panel “Safe Water for All: The Key Challenges and Successes in Addressing Water Justice Issues in North America,” at 3:45 p.m. on Friday, May 16.

His fellow panelists include:

• Robert L. Gibbs, Gibbs Travis PLLC
• Serena McIlwain (Moderator), Secretary, Maryland Department of the Environment
• Susan Smith, Professor Emeritus, Willamette University College of Law

For more information and to register, visit the ABA’s website.

About Wilson M. Dunlavey

Wilson M. Dunlavey is a partner in Lieff Cabraser’s New York office. He represents government entities, consumers, small businesses, workers, fishers, and residents in complex litigation against fossil fuel companies, automobile manufacturers, and other polluters. In just ten years of practice, Wilson has helped recover over $16 billion for his clients and has been a driving force in shaping legal protections for victims of environmental disasters. He currently represents the State of California in its landmark climate deception case against major oil companies and the American Petroleum Institute. Wilson’s work has earned him recognition in the “Lawdragon 500 Leading Plaintiff Consumer Lawyers in America” (2023–2025), “Lawdragon 500 X – The Next Generation” (2023, 2024), and as a “Rising Star for Northern California” by Super Lawyers (2019–2024). He was named a “California Lawyer of the Year” by the Daily Journal in 2018 and was a finalist for “Consumer Attorney of the Year” by Consumer Attorneys of California in 2017. He also received the American Antitrust Institute’s award for “Outstanding Private Practice Antitrust Achievement” in 2017.

Lieff Cabraser serves as co-counsel with the California Attorney General’s office in litigation against five of the largest oil and gas companies over allegations the companies misled the California public about climate change. On October 8, 2024, San Francisco Superior Court Judge Ethan Schulman denied the oil companies’ motion to dismiss the case for lack of personal jurisdiction.

The Attorney General’s lawsuit, filed in San Francisco County Superior Court in September 2023, claims that Exxon Mobil, Shell, Chevron, ConocoPhillips, BP, and the American Petroleum Institute (API) have known for decades that reliance on fossil fuels would warm the planet and thereby cause catastrophic harms to the country, including California, the nation’s most populous state, but suppressed that information while also actively pushing disinformation. The suit argues that this vast deception caused a delayed societal response to threat of climate change, and California is suffering terrible and ongoing climate harms as a result. The lawsuit, filed on behalf of the People of the State of California, seeks to hold the companies accountable for the lies they have told and the damage they have caused through the creation of an abatement fund to help protect the state against the climate harms these defendants have caused.

Defendants’ argued that they could not be subject to suit in California because our suit is premised on fossil fuel use and consumption for the last 100+ years from all over the globe and that all of that harm to the planet does not arise from or sufficiently relate to the companies’ contacts in California. The defendants argued that they could only be sued in their home state, despite the fact that they have extensive contacts in California, including thousands of gas stations and oil refining and distribution networks throughout the state.

In ruling against the defendants, Judge Schulman held that the defendants’ California contacts relate to their claims in the lawsuit, sufficient to establish specific personal jurisdiction under the due process clause. This means that the case will continue to be prosecuted in San Francisco Superior Court.

On October 2, 2024, Lieff Cabraser Heimann & Bernstein, LLP, Grant & Eisenhofer, Jenner Law, and Georgia counsel Holzer & Holzer filed a federal class action lawsuit in the U.S. District Court for the Northern District of Georgia in Atlanta against Bio-Lab Inc. and Kik Custom Products, Inc. over the September 29, 2024 chemical fire and toxic plume release in Conyers, Georgia, on behalf of certain named individual local residents and business owners as well as a class of all others similarly affected by the Bio-Lab environmental disaster.

“Like the East Palestine train derailment, this incident caused a massive toxic release into the community that should have never occurred,” said Lieff Cabraser partner Mark P. Chalos, who represents the plaintiffs in the action and who has represented plaintiffs in toxic exposure cases for many years. “Bio-Lab and Kik failed in their responsibilities to the community both before, during, and after the fire and toxic release. We look forward to getting the justice for our Conyers clients in federal court.” (Lieff Cabraser served on the Plaintiffs’ Executive Committee in the Norfolk Southern lawsuit and co-chaired the Law and Briefing Committee in that case).

“This toxic spill should not have occurred, and the Conyers’ tragedy is similar to the East Palestine release that settled favorably for the affected community just a few weeks ago,” said Grant & Eisenhofer partner Elizabeth Graham, who served as co-lead counsel in the Norfolk Southern toxic spill case and also represents the plaintiffs here. “We look forward to having the opportunity to prosecute our case and get restitution for the people of Conyers who have suffered due to the misconduct of the defendants here.”

Reported Details of the Conyers Georgia Bio-Lab Environmental Disaster

On September 29, 2024, at approximately 5:00 a.m., a chemical fire reportedly broke out on
the roof of the KIK Bio-Lab facility in Conyers, Georgia. Around that same time, a building sprinkler activated, spraying water onto water reactive chemicals and triggering explosive chemical reactions. The initial fire subsided, but reignited a few hours later. Firefighters rushed to the scene to quell the flames, but because the source of the ignition was water reactive chemicals, traditional firefighting methods were reportedly unable to effectively contain the unfolding disaster. Massive walls of smoke, containing toxic chemicals such as chlorine, hydrochloric acid, hydrogen cyanide, hydrogen bromide and phosgene billowed throughout Georgia’s Rockdale County and surrounding communities. These chemicals are incredibly caustic, and can potentially cause severe, life-changing injuries from even short-term exposures.

An evacuation order was issued, mandating that anybody physically present in Conyers, Georgia immediately flee from the toxic clouds filling the town. All residents of Rockdale County and other communities were ordered to shelter in place, and turn off all air conditioners and ventilation systems to the toxic air outside.

Plaintiffs were forced to evacuate their homes with no advance notice, and remain scared of the long-term implications for their families, pets, residences, and businesses. As alleged in the Complaint, the defendants’ recklessness has upended the lives of hundreds of thousands of Georgians, who now fear for their health and the habitability of their neighborhoods.

The lawsuit alleges that the residential properties have suffered a trespass and nuisance damages, and will continue to suffer a diminution in value by virtue of their proximity to toxic release, and being located near this environmental disaster. As a result, Plaintiffs and the putative class members suffer and will continue to suffer damages, including decreased property values, damage to their real and personal property, lost wages, loss of business income, and loss of business goodwill.

Relief Sought in the Action

This isn’t the first toxic incident for these companies: Notably, defendants’ recklessness has caused numerous similar explosions before — including several at the very Conyers facility that exploded on 9/29.

The lawsuit alleges that amidst a history of reckless handling of extremely toxic Trichloroisocyanuric Acid (TCCA) that is used in manufacturing various consumer products, as in a 2004 explosion and toxic release that spread over 100 miles and two 2020 explosions that spread lethal chemical clouds throughout the same Conyers areas, Bio-Lab and KIK continued to use inadequate, delayed, and largely nonfunctional fire protection systems without any automated extinguishing systems. Such findings emerged in a report conducted by the U.S. Chemical Safety & Hazard Investigation Board, that concluded that Bio-Lab “did not adequately maintain its fire protection system to protect against fire hazards and ensure functionality during an emergency.”

“This disaster hit the people of Conyers hard, but Conyers knows how to hit back,” notes Corey Holzer, managing partner of Holzer & Holzer, who also represents the plaintiffs. “This disaster strikes at the heart of beloved communities, and we are going to proceed as forcefully and expeditiously as possible to get the residents and businesses of Conyers and surrounding areas the justice they deserve.”

Source/Contact

Mark P. Chalos
Lieff Cabraser Heimann & Bernstein, LLP
615 313-9000

This is believed to be the largest settlement of a railroad disaster in U.S. history.

Lieff Cabraser serves on the Plaintiffs Executive Committee and as Co-Chair of the Law and Briefing Committee in the litigation.

Judge Pearson described the settlement, which received overwhelming community support, as “fair, adequate, and reasonable.”

After the hearing, Lieff Cabraser partner Mark P. Chalos, stated, “Justice has been served for this community,” underscoring the settlement’s importance in addressing residents’ needs. “This marks a significant step in helping the families of East Palestine and surrounding communities recover from this catastrophe.”

Learn about the case and the August 9, 2024 claim filing deadline.

The settlement will cover class claims from residents, businesses and property owners, and other plaintiffs who alleged numerous harms such as lost income, property damage, contamination at residences and workplaces, and increased risk of serious and potentially fatal illnesses including cancer and organ damage necessitating ongoing medical monitoring.

As Law360 notes, the settlement “aims to resolve all class claims — for negligence, strict liability, nuisance and trespass — within a 20-mile radius of the derailment, as well as personal injury claims from participating residents within a 10-mile radius of the derailment.” This is excellent news for our clients in the litigation over the spill and its consequent toxic effects.

In addition to ending the plaintiffs’ claims against Atlanta-based Norfolk Southern, the settlement would also bring to a close claims against certain owners and lessors of railcars that were transporting hazardous materials: OxyVinyls LP, Trinity Industries Leasing Co., GATX Corp., and its subsidiary General American Marks Co.

Lieff Cabraser serves on the Plaintiffs Executive Committee and as Co-Chair of the Law and Briefing Committee in the litigation. A final approval hearing before Judge Pearson is scheduled for September 25^th, 2024.

Learn more about the Norfolk Southern Train Derailment, Fire, and Toxic Spill Litigation.

The Attorney General’s lawsuit, filed in San Francisco County Superior Court in September 2023, claims that Exxon Mobil, Shell, Chevron, ConocoPhillips, BP, and the American Petroleum Institute (API) have known for decades that reliance on fossil fuels would cause catastrophic harm to the country, including California, but suppressed that information while also actively pushing disinformation.  Their deception caused a delayed societal response to global warming, and the State is suffering terrible climate harms as a result. The lawsuit, filed on behalf of the People of the State of California, seeks to hold the companies accountable for the lies they have told and the damage they have caused.

Specifically, the State seeks the creation of a nuisance abatement fund to finance climate mitigation and adaptation efforts; injunctive relief to protect California’s natural resources from pollution, impairment, and destruction, and to prevent the companies from making any further false or misleading statements about the contribution of fossil fuel combustion to climate change; damages; and statutory penalties.

“Oil and gas companies have privately known the truth for decades — that the burning of fossil fuels leads to climate change — but have fed us lies and mistruths to further their record-breaking profits at the expense of our environment. Enough is enough,” said Attorney General Rob Bonta. “With this lawsuit, California becomes the largest geographic area and the largest economy to take these giant oil companies to court. From extreme heat to drought and water shortages, the climate crisis they have caused is undeniable. It is time they pay to abate the harm they have caused. We will meet the moment and fight tirelessly on behalf of all Californians, in particular those who live in environmental justice communities.”

“We are honored that our firm has been selected by Attorney General Bonta to assist in this historic climate change litigation,” noted Lieff Cabraser partner Robert J. Nelson. “It’s time to hold fossil fuel companies accountable for their deceptions and the devastation their lies have caused.”

About Lieff Cabraser’s Environmental Law Practice

Lieff Cabraser possesses the expertise and financial resources to thoroughly investigate environmental cases and hold the defendants accountable. For over 50 years, we have successfully prosecuted cases against many of the world’s most powerful corporations, obtaining compensation for families and property owners harmed by toxic environmental exposures. We represented victims of the 1989 Exxon-Valdez oil spill in Alaska, the 2010 Deepwater Horizon disaster in the Gulf of Mexico, the 2015 Plains oil spill off the coast of Santa Barbara, and the Huntington Beach oil spill in 2021.  We are currently advancing cases aimed at fixing chronic hazardous water supply problems in Benton Harbor, Michigan and Jackson, Mississippi, and assisting the California Attorney General in climate change litigation on behalf of all Californians.

The litigation over toxic water follows the enactment of the Camp Lejeune Justice Act of 2022, a bipartisan bill signed by President Biden that enables individuals exposed to contaminated water at Camp Lejeune between 1953 and 1987 to pursue compensation claims.

Qualified claimants under the Camp Lejeune Justice Act include Marines, military family members, and civilian workers who spent a minimum of 30 days at the base during the specified period. The water at Camp Lejeune during those years was contaminated with highly toxic chemicals such as trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, and benzene.

The Department of Health and Human Services has acknowledged the link between these chemicals and various illnesses, potentially affecting up to one million people. These ailments include kidney cancer, non-Hodgkin’s lymphoma, leukemia, liver cancer, bladder cancer, birth defects (especially cardiac defects), multiple myeloma, Parkinson’s disease, end-stage renal (kidney) disease, and systemic sclerosis/scleroderma.

“I am honored to be chosen to co-lead this important litigation,” noted Cabraser. “We will work diligently to shed light on the situation and secure deserved compensation for the Marines, their families, and all community members who suffered exposure to the contaminated water at Camp Lejeune.”

Learn more about the Camp Lejeune Toxic-Water class action litigation.

About Elizabeth J. Cabraser

Elizabeth Cabraser is one of the nation’s leading class action litigators, possessing unparalleled expertise in complex civil litigation. She has served as court-appointed lead, co-lead, or class counsel in scores of federal multi-district and state coordinated proceedings, and currently serves in leadership positions in several of the nation’s highest profile civil cases, including a solo leadership role in the VW “Clean Diesel” Emissions case, and co-lead positions in the GM ignition switch defect and Takata defective airbag cases, the Fiat Chrysler Jeep Dodge diesel emissions fraud litigation, the Generic Drugs Pricing antitrust litigation, and the National Prescription Opiates litigation.

The derailment of a Norfolk Southern freight train in East Palestine, Ohio, on February 3, led to the open release of toxic chemicals into the environment. Reports indicate that the 149-car train was transporting dangerously hazardous substances, including over a million pounds of vinyl chloride, a compound the EPA categorizes as extremely harmful to human health.

In their complaint, the Plaintiffs note that the derailment was not an isolated incident. According to the Federal Railroad Administration, Norfolk Southern has been implicated in over 150 derailments in these three states in the period from 2019 to 2022 alone. The complaint suggests that the company’s self-labeled policy of “Precision Scheduled Railroading,” aimed at cutting costs, has resulted in reduced safety precautions and larger, more hazardous freight loads.

The complaint suggests that Norfolk Southern’s policies are a “master class” in how not to operate a freight railroad. Plaintiffs’ counsel note they are eager for the opportunity to presenting the facts to a jury.

This class-action, which encompasses four classes and thirteen subclasses of those affected, could set a precedent for future actions against corporations displaying reckless disregard for safety procedures and environmental protection.

The full article is available on Law360’s website (subscription required).

Learn more about the Norfolk Southern Train Derailment, Fire, and Toxic Spill litigation.

As part of the agreement, the ADPH will now provide basic sanitation services, end exposure to raw sewage, and suspend criminal penalties for residents who cannot afford septic systems. This marks a new chapter for Lowndes County’s Black community, who have long suffered from health dangers, indignities, and racial injustice.

The investigation found that Alabama health officials were aware that Black residents in Lowndes County were disproportionately affected by failing septic systems, yet took no action to address the issue. This negligence led to raw sewage seeping into backyards, causing health problems such as hookworm intestinal parasites.

This landmark settlement not only ensures environmental justice and equality for Lowndes County residents but also sets a precedent for addressing similar issues in marginalized communities across the U.S. By demonstrating the government’s commitment to environmental justice and compliance with Title VI of the U.S. Civil Rights Act of 1964, the resolution has the potential to guide future investigations and legal actions, promoting equal access to essential public services and environmental health for all citizens.

The full article is available on Reuter’s website.

About Lieff Cabraser’s Environmental Law Practice

Lieff Cabraser possesses the expertise and financial resources to thoroughly investigate environmental cases and hold the defendants accountable. For over 50 years, we have successfully prosecuted cases against many of the world’s most powerful corporations, obtaining compensation for families and property owners harmed by toxic environmental exposures. We are currently advancing cases aimed at fixing chronic hazardous water supply problems in Benton Harbor, Michigan and Jackson, Mississippi.