Environmental and OSHA Crimes
“Top-flight lawyers who are as good as it gets.” Chambers USA
Settled Endangered Species Claims Favorably for Major Developer: Our client, a major real estate developer of one of the largest undeveloped land parcels remaining in Los Angeles County, was stymied by the District Attorney’s allegation that the developer had illegally destroyed an endangered flower. We defended our client in Endangered Species Act allegations and on the eve of trial, we reached a favorable civil settlement with the district attorney’s office.
Averted Government Charges Against Handler of Nuclear Waste: We represented a prominent handler of military grade nuclear waste in a case involving novel applications of federal environmental statutes and the Atomic Energy Act. The firm persuaded the government to decline charges even though the grand jury wished to return an indictment.
Obtained Dismissal of Endangered Species Charges Against Restaurant: In a highly publicized case, the U.S. Attorney filed criminal Endangered Species Act charges against our clients, a restaurant and its chef. We achieved a dismissal of claims against our clients and instead, charges were filed against the wholesaler of the exotic food item in question.
Cleared Individuals in Corporate Settlement of Waste Storage Charge: We defended a corporation and individual clients in an investigation concerning the illegal storage of hazardous waste. We resolved the case by way of a corporate-only settlement.
Defended Chino Dairymen in CWA Investigation: We represented dairymen throughout the Chino Valley in Clean Water Act investigations related to the release of runoff water. Through creative and aggressive defense strategies, we have favorably resolved each of these cases.
Settled Hazardous Waste Claims for Defense Contractor: We defended a major defense contractor in a case involving the purported burning of hazardous waste at a corporate facility. The firm obtained a favorable settlement.
Prevented OSHA Lockout-Tagout Felony Charges Against CEO: We represented the new CEO of a duck farm in which one employee had died inside a feather dryer mistakenly activated by another employee. The CEO had recently joined the company and faced felony manslaughter charges connected to violating Cal-OSHA lockout-tagout regulations. We conducted an internal investigation and presented a detailed analysis of the facts of the incident. We eventually persuaded government regulators that our client had not violated any statutes and the case was resolved without any charges filed against our client.
Reversed DA Decision to Indict Company for Employee Death: Our corporate clients were under grand jury investigation related to an occupational involuntary manslaughter case arising from an employee fatality. We persuaded the district attorney to reverse his earlier decision to indict, and he declined prosecution.
U.S. News – Best Lawyers® once again recognized Bird Marella in its 2023 list of “Best Law Firms.” The firm is ranked nationally in 5 practice areas and regionally …
Thursday, November 10, 2022Go to the post
Bird Marella was recognized as a “Highly Recommended” law firm in California, for the fourth time in a row, by Benchmark Litigation. The publication is the definitive guide to America’s …
Tuesday, October 12, 2021Go to the post
Bird Marella principal Gary Lincenberg recently spoke on a panel at the American Bar Association’s 32nd Annual National Institute on White Collar Crime. Mr. Lincenberg discussed the environmental …
Monday, March 19, 2018Go to the post