60 Day Notice 2016-00261

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2016-00261
Notice PDF: 
PDF icon 2016-00261.pdf
Date Filed: 
03/24/2016
Noticing Party: 
Ecological Rights Foundation
Plaintiff Attorney: 
Aqua Terra Aeris Law Group
Alleged Violators: 
Badger Creek Limited
Chemicals: 
Arsenic (inorganic arsenic compounds)
Lead and lead compounds
Naphthalene
Nickel
Nickel compounds
Radionuclides
Source: 
Discharge

60-Day Notice Document

Corrected Settlement
AG Number:
2016-00261
Settlement PDF: 
PDF icon 2016-00261S5215.pdf
Settlement Date:
08/31/2016
Case Name: 
Ecological Rights Foundation v. Badger Creek Limited
Court Name: 
Kern County Superior
Court Docket Number: 
BCV-16-101227
Plaintiff: 
Ecological Rights Foundation
Plaintiff Attorney: 
Jason Flanders; Aqua Terra Aeris Law Group
Defendant: 
Badger Creek Limited
Injunctive Relief: 
Defendant will cease injecting waste water into the Santa Margarita Aquifer, or at least until the US EPA determines that the Aquifer or a portion of the Aquifer meets the criteria for aquifer exemption.
*Non-Contingent Civil Penalty:
$ 52,500.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 25,000.00  (Funds from this case are earmarked for use toward reducing Californians’ exposure to Proposition 65 listed chemicals in drinking water, and toward increasing California consumers', workers', and communities' awareness of health hazards posed by Proposition 65 listed chemicals, and reducing such exposures. )
Total Payments:
$ 117,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Jason Flanders
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
jrf@atalawgroup.com
Address: 
409 45th Street
City, State, Zip:
Oakland, CA 94609
Phone Number:
916-202-3018
Settlement
AG Number:
2016-00261
Settlement PDF: 
PDF icon 2016-00261S5209.pdf
Settlement Date:
08/31/2016
Case Name: 
Ecological Rights Foundation v. Badger Creek Limited
Court Name: 
Kern County Superior Court
Court Docket Number: 
BCV-16-101227
Plaintiff: 
Ecological Rights Foundation
Plaintiff Attorney: 
Jason Flanders - Aqua Terra Aeris Law Group
Defendant: 
Badger Creek Limited
Injunctive Relief: 
Defendant will cease injecting waste water into the Santa Margarita Aquifer or at least and until the US EPA determines that the Aquifer or portion of the Aquifer meets the criteria for aquifer exemption, on a set schedule, sharing plans and permits with plaintiff for alternate disposal of the subject wastewater.
*Non-Contingent Civil Penalty:
$ 52,500.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 25,000.00  (75% of the non-contingent civil penalty ($39,375) will be remitted to OEHHA with the remainder retained by Plaintiff. $2500 of the Attorney's Fees and Costs is reimbursement for Plaintiff's expert witness fees and future legal fees and costs incurred in review of the deliverables under, and monitoring compliance under the Consent Judgment. )
Total Payments:
$ 117,500.00
Will settlement be submitted to court?
Yes
Contact Name: 
Jason Flanders
Contact Organization: 
Aqua Terra Aeris Law Group
Email Address:
jrf@atalawgroup.com
Address: 
409 45th Street
City, State, Zip:
Oakland, CA 94609
Phone Number:
916-202-3018
Comments: 
thank you
Judgment
AG Number:
2016-00261
Judgment PDF: 
PDF icon 2016-00261J3281.pdf
Judgment Date:
11/01/2016
Settlement reported to AG: 
Wed, 08/31/2016
Case Name: 
Ecological Rights Foundation v. Badger Creek Limited
Court Name: 
Kern County Superior Court
Court Docket Number: 
BCV-16-101227
Plaintiff: 
Ecological Rights Foundation
Plaintiff Attorney: 
Jason Flanders of ATA Law Group
Defendant: 
Badger Creek Limited
Injunctive Relief: 
Defendant shall cease waste water injection by December 31, 2016, unless and until the U.S. Environmental Protection Agency (the "US EPA") determines that the aquifer or the portion of the aquifer where injection is occurring meets the criteria for aquifer exemption. The Santa Margarita formation within the boundaries of the Kern River Field (the "Santa Margarita Aquifer") is identified as one of the 11 aquifers in section 1779. l(b)(l)(F). Defendant has also provided plaintiff a preliminary plan for disposal of the subject waste water, with list of anticipated permits required, and submitted the necessary permit applications with copies to plaintiff. Plaintiff retains rights to participate fully in all agency permitting approval processes.
*Non-Contingent Civil Penalty:
$ 52,500.00
Attorney(s) Fees and Costs:
$ 40,000.00
Payment in Lieu of Penalty:
$ 25,000.00  (For use toward reducing Californians' exposures to Proposition 65 listed chemicals in drinking water, and toward increasing California consumers', workers' and communities' awareness of health hazards posed by Proposition 65 listed chemicals, and reducing such exposures.)
Total Payments:
$ 117,500.00
Is Judgment Pursuant to Settlement?
Yes
Contact Name: 
Jason R. Flanders
Contact Organization: 
ATA Law Group
Email Address:
jrf@atalawgroup.com
Address: 
409 45th St.
City, State, Zip:
Oakland, CA 94609
Phone Number:
916-202-3018

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.