60 Day Notice 2024-03349

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2024-03349
Notice PDF: 
PDF icon 2024-03349.pdf
Date Filed: 
07/25/2024
Noticing Party: 
Ecological Rights Foundation
Plaintiff Attorney: 
Christopher Sproul
Stuart Wilcox
Fredric Evenson
Alleged Violators: 
PacifiCorp
Pacific Power
Hemmingsen Contracting Co., Inc.
Cindy A. Crane
Ryan Flynn
Steven Jay Hemmingsen
Denise Jane Hemmingsen
Steven Hemmingsen Jr.
Chemicals: 
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)
Hexachlorodibenzodioxin
Pentachlorophenol
Polychlorinated dibenzo-p-dioxins
Polychlorinated dibenzofurans
Source: 
Treated wood utility poles and other treated wood

60-Day Notice Document

Settlement
AG Number:
2024-03349
Settlement PDF: 
PDF icon 2024-03349S4789.pdf
Settlement Date:
01/31/2025
Case Name: 
Ecological Rights Foundation v. PacifiCorp, et al.
Court Name: 
U.S. District Court for the Northern District of California
Court Docket Number: 
23-cv-5179
Plaintiff: 
Ecological Rights Foundation
Plaintiff Attorney: 
Christopher Sproul
Stuart Wilcox
Fredric Evenson
Defendant: 
PacifiCorp
Pacific Power
Injunctive Relief: 
The sources of discharges or releases of listed chemicals have been removed from the site. Settlement also resolves plaintiff's claims under the Federal Clean Water Act and Resource Conservation and Recovery Act. Note that this is part of the same resolution as AG Number: 2024-01989/Settlement PDF: 2024-01989S4783.pdf.
*Non-Contingent Civil Penalty:
$ 20,000.00
Attorney(s) Fees and Costs:
$ 942,325.00
Payment in Lieu of Penalty:
$ 15,000.00  ($15,000 to Ecological Rights Foundation as additional settlement payment under Proposition 65 for 1) Dioxins sampling in environmental media and biota in the Humboldt Bay watershed, and 2) Dioxins source identification and control efforts in the Humboldt Bay watershed, including tributaries designated as sources of drinking water. Note that all of these monetary terms are duplicative of those discussed in AG Number: 2024-01989/Settlement PDF: 2024-01989S4783.pdf and that these do not represent any additional monetary payments beyond those that resolve that other notice letter.)
Total Payments:
$ 977,325.00
Will settlement be submitted to court?
Yes
Contact Name: 
Stuart Wilcox
Contact Organization: 
Environmental Advocates
Email Address:
wilcox@enviroadvocates.com
Address: 
5135 Anza Street
City, State, Zip:
San Francisco, CA 94121
Phone Number:
(720) 331-0385
Comments: 
Settlement also resolves plaintiff's claims under the Federal Clean Water Act and Resource Conservation and Recovery Act. All terms discussed herein are duplicative of those discussed in the notice given to the Attorney General's Office for AG Number: 2024-01989/Settlement PDF: 2024-01989S4783.pdf as both notice letters are being resolved through the same document.

* 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.